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

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Escalation of sanctions: transition from old style JSA

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

(2) Where this Article applies, for the purposes of determining the applicable reduction period under regulation 20 (higher-level sanction), 21 (medium level sanction) or 22 (low-level sanction) of the JSA Regulations 2016 in relation to a sanctionable failure by the person other than a failure which is treated as sanctionable by virtue of Article 18 or 19—

(a)a reduction of a new style JSA award in accordance with Article 18 or 19; and

(b)a reduction of an old style JSA award under Article 21 (as it applied both before and after substitution by the 2015 Order) or 21A of the 1995 Order, or under regulation 69B of the JSA Regulations, which did not result in a reduction under Article 18 or 19,

is, subject to paragraph (3), to be treated as arising from a sanctionable failure for which the reduction period is the number of days which is equivalent to the length of the period which applied under regulation 69, 69A or 69B of the JSA Regulations 1996.

(3) In determining a reduction period under regulation 20 (higher-level sanction), 21 (medium-level sanction) or 22 (low-level sanction) of the JSA Regulations 2016 in accordance with paragraph (2), no account is to be taken of—

(a)a reduction of a new style JSA award in accordance with Article 18 or 19 if, at any time after that reduction, the person was entitled to an old style JSA award, an old style ESA award or income support;

(b)a reduction of an old style JSA award under Article 21 (as it applied both before and after substitution by the 2015 Order) or 21A of the 1995 Order, or under regulation 69B of the JSA Regulations 1996, if, at any time after that reduction, the person was entitled to universal credit, a new style JSA award or a new style ESA award, and was subsequently entitled to an old style JSA award, an old style ESA award or income support.

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