OpenLegislation

Regulation 5 Sanction for not participating in Project Work

Original text. Later amendments are not shown.

(1)

Where a relevant person, without good cause and except where any of the circumstances specified in regulation 6(2) apply in his case—

(a)

refuses to accept a place on Project Work when offered to him after that place has been notified to him by an employment officer as vacant or about to become vacant; or

(b)

gives up a place on Project Work before the expiry of the period during which he is required to participate in the programme; or

(c)

fails to participate, or to continue to participate, in Project Work,

he shall not be treated as available for employment for the purpose of entitlement to income support for the period specified in paragraph (5).

(2)

A relevant person shall also not be treated as available for employment for the purpose of entitlement to income support for the period specified in paragraph (5) where he loses his place on Project Work through his misconduct.

(3)

For the purposes of paragraph (1)(c) and of regulation 6(2), a relevant person shall be taken to have failed to participate or to continue to participate in Project Work where he fails to attend at the time and at the place where he is required to attend for the purposes of Project Work.

(4)

A determination that a relevant person is not to be treated as available for employment under paragraph (1) or (2) shall apply from the first day of the benefit week following the date of that determination for a period not exceeding the appropriate period determined in accordance with paragraph (5).

(5)

The determination referred to in paragraph (4) shall apply—

(a)

on the first occasion the circumstances specified in paragraph (1) or (2) apply to a relevant person—

(i)

for the number of days corresponding with the number of days during which the relevant person had failed to participate, or to continue to participate in Project Work; or

(ii)

for the number of days specified in head (i) of this sub-paragraph and preceding the date upon which the relevant person had expressed an intention to resume or commence participation in Project Work and there was no place available on Project Work for that person on that date; or

(iii)

for 14 days,

whichever amounts to the shorter period;

(b)

on any subsequent occasion the circumstances specified in paragraph (1) or (2) apply to a relevant person—

(i)

for the number of days corresponding with the number of days during which the relevant person had failed to participate, or to continue to participate in Project Work; or

(ii)

for the number of days specified in head (i) of this sub-paragraph and preceding the date upon which the relevant person expressed an intention to resume or commence participation in Project Work and there was no place available on Project Work for that person on that date; or

(iii)

for 28 days,

whichever amounts to the shorter period.

(6)

A person not treated as available for employment in accordance with this regulation shall, for the purposes of the Income Support (General) Regulations 1987f1, be treated as if he was a person not treated as available for employment in accordance with regulation 10(1) of those Regulationsf2 (persons not treated as available for employment).

Annotations

Footnotes

f1

S.I. 1987/1967.

f2

Regulation 10(1) is amended by S.I. 1988/1843, 1989/1323, 1990/1549 and 1657, 1991/236.