The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017

Escalation of sanctions: transition from old style ESA

17.—(1) This Article applies where a person is entitled to a new style ESA award and, at any time previously, the person was entitled to an old style ESA award.

(2) Where this Article applies, for the purposes of determining the reduction period under regulation 52 of the ESA Regulations 2016 (low-level sanction) in relation to a sanctionable failure by the person to whom the new style award referred to in paragraph (1) was made, other than a failure which is treated as sanctionable under Article 15 or 16—

(a) a reduction of a new style ESA award in accordance with Article 15 or 16 as the case may be; and

(b) a reduction of an old style ESA award under the ESA Regulations 2008 which did not result in a reduction under Article 15 or 16,

is, subject to paragraph (3), to be treated as arising from a sanctionable failure for which the reduction period which applies is the number of days which is equivalent to the length of the fixed period which applied under regulation 63 of the ESA Regulations 2008 (reduction of employment and support allowance).

(3) In determining a reduction period under regulation 52 of the ESA Regulations 2016 in accordance with paragraph (2), no account is to be taken of—

(a) a reduction of a new style ESA award in accordance with Article 15 or 16, as the case may be, if, at any time after that reduction, the person was entitled to an old style ESA award, an old style JSA award or income support;

(b) a reduction of an old style ESA award under the ESA Regulations 2008 if, at any time after that reduction, the person was entitled to universal credit, a new style ESA award or a new style JSA award, and was subsequently entitled to an old style ESA award, an old style JSA award or income support.