Regulation 33 Escalation of sanctions: transition from jobseeker’s allowance

(1)

This regulation applies where an award of universal credit is made to a person who was at any time previously entitled to jobseeker’s allowance.

(2)

Where this regulation applies, for the purposes of determining the applicable reduction period under regulation 102 (Higher-level sanction), 103 (Medium-level sanction) or 104 (Low-level sanction) of the Universal Credit Regulations in relation to a sanctionable failure by the person, other than a failure which is treated as sanctionable by virtue of regulation 32—

(a)

a reduction of universal credit in accordance with regulation 32; and

(b)

any reduction of a jobseeker’s allowance under section 19 or 19A of the 1995 Act, or under regulation 69B of the 1996 Regulations which did not result in a reduction under regulation 32,

is, subject to paragraph (3), to be treated as arising from a sanctionable failure for which the reduction period is the number of days which is equivalent to the length of the period which applied under regulation 69, 69A or 69B of the 1996 Regulations.

(3)

In determining a reduction period under regulation 102, 103 or 104 of the Universal Credit Regulations in accordance with paragraph (2), no account shall be taken of—

(a)

a reduction of universal credit in accordance with regulation 32 if, at any time after that reduction, the person was entitled to an existing benefit;

(b)

a reduction of a jobseeker’s allowance under section 19 or 19A of the 1995 Act, or under regulation 69B of the 1996 Regulations if, at any time after that reduction, the person was entitled to universal credit, new style ESA or new style JSA, and was subsequently entitled to an existing benefit.