{
  "url": "https://openlegislation.uk/universal-credit-transitional-provisions-regulations-northern-ireland-2016/regulation-33",
  "json_url": "https://openlegislation.uk/universal-credit-transitional-provisions-regulations-northern-ireland-2016/regulation-33.json",
  "legislation": "nisr/2016/226",
  "legislation_title": "The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/universal-credit-transitional-provisions-regulations-northern-ireland-2016",
  "path": "regulation/33",
  "kind": "regulation",
  "number": "33",
  "heading": "Sanctions: transition from old style JSA",
  "text": "(1) This regulation applies where—\n(a) an award of universal credit is made to a claimant who was previously entitled to old style JSA (“the JSA award”);\n(b) on the relevant date, payments in respect of the JSA award were reduced under Article 21 (as it applied either before or after substitution by Article 52 of the Order) or Article 21A of the Jobseekers Order 1995 , or under regulation 69B of the JSA Regulations 1996; and\n(c) if the JSA award was made to a joint-claim couple within the meaning of the Jobseekers Order 1995 and the reduction related to—\n(i) in the case of a reduction under Article 21 of the Jobseekers Order 1995 as it applied before substitution by the Order, circumstances relating to only one member of the couple, or\n(ii) in the case of a reduction under Article 21 of the Jobseekers Order 1995 as it applied after substitution by the Order, a sanctionable failure by only one member of the couple,\nthe award of universal credit was made to that person.\n(2) In this regulation the “relevant date” means—\n(a) where the claimant was not entitled to old style JSA on the date on which the claim for universal credit was made or treated as made, the date on which the JSA award terminated;\n(b) where the claimant is not a new claimant partner and was entitled to old style JSA on the date on which the claim for universal credit was made, that date; and\n(c) where the claimant is a new claimant partner and was entitled to old style JSA on the date on which the claim for universal credit was treated as made, that date.\n(3) Where this regulation applies—\n(a) the circumstances or failure which led to reduction of the JSA award (in either case, “the JSA failure”) is to be treated, for the purposes of the Universal Credit Regulations, as—\n(i) a failure which is sanctionable under Article 31 of the Order, where the reduction was under Article 21 of the Jobseekers Order 1995, or\n(ii) a failure which is sanctionable under Article 32 of the Order, where the reduction was under Article 21A of the Jobseekers Order 1995 or regulation 69B of the JSA Regulations 1996;\n(b) the award of universal credit is to be reduced in relation to the JSA failure, in accordance with the provisions of this regulation and Chapter 2 of Part 8 of the Universal Credit Regulations (sanctions), as modified by this regulation; and\n(c) the reduction is to be treated, for the purposes of the Universal Credit Regulations, as a reduction under Article 31 or, as the case may be, Article 32 of the Order.\n(4) The reduction period for the purposes of the Universal Credit Regulations is a period of the number of days which is equivalent to the length of the period of reduction which is applicable to the person under regulation 69, 69A or 69B of the JSA Regulations 1996, minus—\n(a) the number of days (if any) in that period in respect of which the amount of old style JSA was reduced; and\n(b) if the award of old style JSA terminated before the first date of entitlement to universal credit in connection with the current award, the number of days (if any) in the period after termination of that award, before the start of the universal credit award.\n(5) Accordingly, regulation 98 of the Universal Credit Regulations applies in relation to the JSA failure as if, in paragraphs (1) and (3), for “in accordance with regulations 99 to 102” there were substituted “in accordance with regulation 33 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016”.\n(6) Where the JSA award was made to a joint-claim couple within the meaning of the Jobseekers Order 1995 and the JSA failure related to only one member of the couple, the daily reduction rate for the purposes of regulation 108 of the Universal Credit Regulations (daily reduction rate) is the amount calculated in accordance with regulation 70(3) of the JSA Regulations 1996 in respect of the JSA award, divided by 7 and rounded down to the nearest 10 pence, unless regulation 108(2) or (3) of the Universal Credit Regulations applies.\n(7) Where the daily reduction rate is to be determined in accordance with paragraph (6), regulation 108(1) of the Universal Credit Regulations applies in relation to the JSA failure as if, for the words from “an amount equal to” to the end there were substituted the words “an amount determined in accordance with regulation 33 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016”.\n(8) For the purposes of this regulation, a determination that payments in respect of the JSA award are to be reduced under regulation 69, 69A or 69B of the JSA Regulations 1996 is to be taken into account even if the JSA award subsequently terminated (in so far as it was an award of income-based jobseeker’s allowance) on a date before the date on which that determination was made, by virtue of an order made under Article 2(2) of the Order.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 33(1)(b) inserted (coming into operation in accordance with reg. 1(9) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(9), 12(6)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 33(3)(a)(ii) inserted (coming into operation in accordance with reg. 1(9) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(9), 12(6)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 33(4)-(8) added (coming into operation in accordance with reg. 1(9) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(9), 12(6)(c)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 33 coming into operation in accordance with reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2016/226/regulation/33",
    "retrieved_at": "2026-11-12T03:32:14.754663+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}