Regulation 1A Disqualification period: section 6B(11) of the ActF1

England, Wales and Scotland

(1)

The first day of the disqualification period for the purposes of section 6B(11) of the Act (“ DQ-day ”) shall be as follows.

(2)

This paragraph applies where on the determination day—

(a)

the offender is in receipt of a sanctionable benefit F2other than a benefit to which paragraph (5A) applies F3or universal credit;

(b)

the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(c)

the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.

(3)

Where paragraph (2) applies and paragraph (4) does not apply (but subject to paragraph (7))—

(a)

in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and

(b)

in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.

(4)

This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of—

(a)

either housing benefit or council tax benefit or both of those benefits; and

(b)

no other sanctionable benefit.

(5)

Where paragraph (4) applies—

(a)

in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and

(b)

in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.

(F45A)

This paragraph applies where on the determination day the offender or, as the case may be, the offender’s family member is in receipt of a sanctionable benefit which is neither payable wholly in advance nor wholly in arrears and no other sanctionable benefit.

(6)

Where F5 paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day, DQ-day is the first day after the end of the period of 28 days beginning with the determination day.

(F66A)

Paragraph (6B) applies where, on the determination day, the offender or, as the case may be, the offender’s family member is in receipt of universal credit.

(6B)

Where this paragraph applies, DQ-day is—

(a)

if the first day after the end of the period of 28 days beginning with the determination day is the first day of an assessment period, that day;

(b)

if the first day after the end of the period of 28 days beginning with the determination day is not the first day of an assessment period, the first day of the next assessment period after that day.

(7)

Where on the determination day—

(a)

paragraph (2) F7or (6A) applies in the case of an offender or (as the case may be) the offender’s family member, but

(b)

that person ceases to be in receipt of a benefit referred to in F8those paragraphs before the first day of the disqualification period that would apply by virtue of paragraph (3) F9or (6B),

DQ-day is the first day after the end of the period of 28 days beginning with the determination day.

Annotations

Textual amendments

F1: Regs. 1A-2 substituted for reg. 2 (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 2(3)
F2: Words in reg. 1A(2)(a) inserted (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 4(2)
F3: Words in reg. 1A(2)(a) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(3)
F4: Reg. 1A(5A) inserted (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 4(4)
F5: Words in reg. 1A(6) substituted (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 4(5)
F6: Reg. 1A(6A)(6B) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(6)
F7: Words in reg. 1A(7)(a) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(7)(a)
F8: Words in reg. 1A(7)(b) substituted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(7)(b)(i)
F9: Words in reg. 1A(7)(b) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)4(7)(b)(ii)