Regulation 70C Application of a reduction to a new awardF1

(1)

Subject to paragraph (4), this regulation applies where—

(a)

the amount of an award is reduced in accordance with section 19 or 19A or regulation 69B;

(b)

that award (“the previous award”) is terminated;

(c)

the reduction period had either not yet begun or not ended when the previous award was terminated;

(d)

a new award is made to the claimant who had been entitled to the previous award; and

(e)

in the case of an award of a joint-claim jobseeker’s allowance, the reduction to the previous award was made in relation to a sanctionable failure by the claimant who is entitled to the new award.

(2)

Where this regulation applies, the reduction period that would have applied to the previous award but for the award having terminated applies to the new award from the first day of the benefit week in which the claim for the new award is made for the outstanding period.

(3)

In this regulation—

“outstanding period” means the period determined under regulation 69, 69A or 69B in relation to the previous award minus—
1. (a)
  the benefit weeks in respect of which the previous award was reduced; and
2. (b)
  the period beginning with the first day of the benefit week after the benefit week in which the previous award was terminated and ending with the first day of the benefit week in which entitlement to the new award begins;
“reduction period” means the period determined under regulation 69, 69A or 69B in relation to the previous award.

(4)

This regulation does not apply where the Secretary of State is satisfied that, since the date of the most recent sanctionable failure, the claimant has been in employment for a period of, or more than one period where the total of those periods amounts to, at least 26 weeks.

Annotations

Textual amendments

F1: Regs. 70A-70C inserted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 2(4)

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).