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The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

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Sanctions: transition from old style JSA

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33.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was previously entitled to old style JSA (“the JSA award”);

(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; and

(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—

(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

(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,

the award of universal credit was made to that person.

(2) In this regulation the “relevant date” means—

(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;

(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

(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.

(3) Where this regulation applies—

(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—

(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

(ii)a failure which is sanctionable under Article 32 of the Order, where the reduction was under Article 21A of the Jobseekers Order;

(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

(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.

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