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Article 32 Other sanctionsI1I2I3I4I5I6I7I8

(1)

The amount of an award of universal credit is to be reduced in accordance with this Article in the event of a failure by a claimant which is sanctionable under this Article.

(2)

It is a failure sanctionable under this Article if a claimant—

(a)

fails for no good reason to comply with a work-related requirement;

(b)

fails for no good reason to comply with a requirement under Article 28.

(3)

But a failure by a claimant is not sanctionable under this Article if it is also a failure sanctionable under Article 31.

(4)

Regulations are to provide for—

(a)

the amount of a reduction under this Article, and

(b)

the period for which such a reduction has effect.

(5)

Regulations under paragraph (4)(b) may provide that a reduction under this Article in relation to any failure is to have effect for—

(a)

a period continuing until the claimant meets a compliance condition specified by the Department,

(b)

a fixed period not exceeding 26 weeks which is—

(i)

specified in the regulations, or

(ii)

determined in any case by the Department, or

(c)

a combination of both.

(6)

In paragraph (5)(a) “compliance condition” means—

(a)

a condition that the failure ceases, or

(b)

a condition relating to future compliance with a work-related requirement or a requirement under Article 28.

(7)

A compliance condition specified under paragraph (5)(a) may be—

(a)

revoked or varied by the Department;

(b)

notified to the claimant in such manner as the Department may determine.

(8)

A period fixed under paragraph (5)(b) may in particular depend on either or both the following—

(a)

the number of failures by the claimant sanctionable under this Article;

(b)

the period between such failures.

(9)

Regulations may provide—

(a)

for cases in which no reduction is to be made under this Article;

(b)

for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c)

for the termination or suspension of a reduction under this Article.

Annotations

Commencement

I1

Art. 32 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(b)(iii)

I2

Art. 32 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I3

Art. 32 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I4

Art. 32 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I5

Art. 32 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

I6

Art. 32 in force at 5.9.2018 and further specified dates for specified purposes by S.R. 2018/138, art. 3 (with art. 6)

I7

Art. 32 in force at 1.2.2019 for specified purposes by S.R. 2019/7, art. 2(1)-(3) (with art. 2(4)(11))

I8

Art. 32 in operation at 30.3.2022 in so far as not already in operation by S.R. 2022/132, art. 3 (with arts. 4, 5, Sch.)

Notes on Part 2

Modifications

C1

Pt. 2 modified (coming into operation in accordance with art. 1 of the amending Rule) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C2

Pt. 2 modified (1.1.2021) by The Social Security (Norway) Order (Northern Ireland) 2020 (S.R. 2020/357), arts. 1(2), 2, Sch.

C3

Pt. 2 modified (coming into force in accordance with art. 1 of the amending Rule) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), arts. 1(2), 2(2)(g), Sch.

C4

Pts. 2, 5 modified (coming into operation in accordance with art. 1(1) of the amending S.R.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023 (S.R. 2023/181), arts. 1(1), 2, Sch.

C5

Pt. 2 modified (coming into force in accordance with art. 1(3) of the amending Rule) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), art. 2(2)(g)