Regulation 69 The period of a reduction under section 19: higher-level sanctionsF1

(F21)

Subject to paragraphs (3) and (4), a reduction under section 19 (higher-level sanctions) in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.

Circumstances in which reduction period applies	Reduction period
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (2)	13 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is not within 52 weeks beginning with the date of the current sanctionable failure	13 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 52 weeks, but not within 2 weeks, beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is or, but for paragraph (4), would have been—
(a) 13 weeks	26 weeks
(b) 26 weeks	F326 weeks
(c) F4...	. . .
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 2 weeks beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is or, but for paragraph (4), would have been—
(a) 13 weeks	13 weeks
(b) 26 weeks	26 weeks
(c) F5...	....

(2)

A previous sanctionable failure referred to in paragraph (1) falls within this paragraph if—

(a)

the failure resulted in a decision to reduce the claimant’s award in accordance with section 19 F6and;

(b)

in the case of a joint-claim couple, the failure was by the same claimant; F7...

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Where a claimant’s award has been reduced in relation to a sanctionable failure which is specified in section 19(2)(a), (b) or (d) and which occurred before the date of claim for a jobseeker’s allowance, any such failure must not be counted for the purpose of determining the period of a reduction for a subsequent sanctionable failure under section 19.

(4)

Where a sanctionable failure which is specified in section 19(2)(a), (b) or (d) occurs on or before the date on which a claim for a jobseeker’s allowance is made—

(a)

except where sub-paragraph (b) applies, the reduction relating to that failure is to have effect for the period set out in paragraph (1) that applies in the claimant’s case (the “applicable sanction period”) minus the period beginning with the day after the date of the sanctionable failure and ending with the day before the date of claim;

(b)

if—

(i)

the failure was in relation to employment which was due to last for a limited period,

(ii)

the limited period ends on or before the end of the applicable sanction period, and

(iii)

the date of claim is on or before the last day of the limited period,

the reduction relating to that failure is to have effect for the period beginning with the day after the date of the sanctionable failure and ending with the last day of the limited period minus the period beginning with the day after the date of the sanctionable failure and ending with the day before the date of claim.

(5)

In paragraph (4)(b), “limited period” means a specific term which is fixed, or which can be ascertained, before it begins, by reference to some relevant circumstance.

(6)

The period of a reduction under section 19 begins—

(a)

on the first day of the benefit week in which the sanctionable failure occurred where, on the date of the determination to reduce the award, the claimant has not been paid a jobseeker’s allowance since the sanctionable failure occurred; or

(b)

in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid a jobseeker’s allowance.

Annotations

Textual amendments

F1: Regs. 69-69B substituted for reg. 69 (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 2(2)
F2: Reg. 69(1) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker’s Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 3(2)(a)
F3: Words in reg. 69(1) table substituted (27.11.2019) by The Jobseeker’s Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 2(a)(i) (with reg. 5)
F4: Words in reg. 69(1) table omitted (27.11.2019) by virtue of The Jobseeker’s Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 2(a)(ii) (with reg. 5)
F5: Words in reg. 69(1) table omitted (27.11.2019) by virtue of The Jobseeker’s Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 2(b) (with reg. 5)
F6: Word in reg. 69(2)(a) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker’s Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 3(2)(b)(i)
F7: Reg. 69(2)(c) and word omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Social Security (Jobseeker’s Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 3(2)(b)(ii)

Notes on the whole SI

Textual amendments

F1: 1995 c.18.
F2: Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
F3: 1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
F4: 1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
F5: See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).