OpenLegislation

Regulation 50 InterpretationI1

Northern Ireland

For the purposes of this Part—

  • F1“current sanctionable failure” means a failure of the following kinds in relation to which the Department has not yet determined whether the amount of an award of benefit is to be reduced—

    1. (a)

      a sanctionable failure;

    2. (b)

      a JSA sanctionable failure; or

    3. (c)

      a UC sanctionable failure;

  • “JSA sanctionable failure” means a failure by a claimant which is sanctionable under Article 8K of the Jobseekers Orderf1;

  • “low-level sanction” means a reduction of an employment and support allowance in accordance with section 11J of the Act for a sanctionable failure by the claimant to comply with—

    1. (a)

      a work-focused interview requirement imposed under section 11F(2) of the Act (persons subject to work preparation and work-focused interview requirement);

    2. (b)

      a work preparation requirement imposed under section 11F(2) of the Act; or

    3. (c)

      a requirement under section 11G of the Act (connected requirements);

  • “lowest-level sanction” means a reduction of an employment and support allowance in accordance with section 11J of the Act for a sanctionable failure by the claimant to comply with a requirement imposed under section 11E(2) of the Act (persons subject to work-focused interview requirement only);

  • “reduction period” means the number of days for which a reduction in the amount of an award of an employment and support allowance is to have effect;

  • F2“relevant failure” means—

    1. (a)

      a sanctionable failure giving rise to a low-level sanction;

    2. (b)

      a UC sanctionable failure giving rise to a sanction under Article 32 of the Welfare Reform (Northern Ireland) Order 2015 to which regulation 101 of the Universal Credit Regulations (Northern Ireland) 2016 applies; or

    3. (c)

      a JSA sanctionable failure giving rise to a sanction under Article 8K of the Jobseekers (Northern Ireland) Order 1995 to which regulation 22 of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016 applies;

  • “sanctionable failure” means a failure which is sanctionable under section 11J of the Act;

  • “total outstanding reduction period” means the total number of days for which no reduction has yet been applied for all of the claimant’s low-level sanctions, lowest level sanctions and reductions to which regulation 61 applies;

  • “UC sanctionable failure” means a failure by a claimant which is sanctionable under Article 31 or 32 of the Welfare Reform (Northern Ireland) Order 2015.

Annotations

Textual amendments

F1

Words in reg. 50 inserted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(3)(a)

F2

Words in reg. 50 inserted (coming into operation in accordance with reg. 1(8) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(8), 11(3)(b)

Commencement

I1

Reg. 50 in operation at 27.9.2017, see reg. 1(2)

Footnotes

f1

Article 8K was inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015