Part I The Jobseeker’s Allowance
Denial of jobseeker’s allowance
19AF2F1Other sanctions
1
The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.
2
It is a failure sanctionable under this section if a claimant—
a
without a good reason fails to comply with regulations under section 8(1) or (1A);
b
without a good reason fails to comply with regulations under section 17A;
c
without a good reason refuses or fails to carry out a jobseeker's direction which was reasonable having regard to his circumstances;
d
without a good reason neglects to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;
e
without a good reason refuses or fails to apply for, or accept if offered, a place on such a scheme or programme which an employment officer has informed him is vacant or about to become vacant;
f
without a good reason gives up a place on such a scheme or programme or fails to attend such a scheme or programme having been given a place on it;
g
through misconduct loses a place on such a scheme or programme.
3
But a failure is not sanctionable under this section if it is also sanctionable under section 19.
4
Regulations are to provide for—
a
the amount of a reduction under this section;
b
the period for which such a reduction has effect.
5
Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
a
a period continuing until the claimant meets a compliance condition specified by the Secretary of State,
b
a fixed period not exceeding 26 weeks which is—
i
specified in the regulations, or
ii
determined in any case by the Secretary of State, or
c
a combination of both.
6
In subsection (5)(a) “compliance condition” means—
a
a condition that the failure ceases, or
b
a condition relating to—
i
future compliance with a jobseeker's direction or any requirement imposed under section 8(1) or (1A) or 17A of this Act, or
ii
future avoidance of the failures referred to in subsection (2)(d) to (g).
7
A compliance condition specified under subsection (5)(a) may be—
a
revoked or varied by the Secretary of State;
b
notified to the claimant in such manner as the Secretary of State may determine.
8
The period fixed under subsection (5)(b) may in particular depend on either or both of the following—
a
the number of failures by the claimant sanctionable under this section;
b
the period between such failures.
9
Regulations may provide—
a
for cases in which no reduction is to be made under this section;
b
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.
10
During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.
11
In this section—
a
“jobseeker's direction” means a direction given by an employment officer (in such manner as he thinks fit) with a view to achieving one or both of the following—
i
assisting the claimant to find employment;
ii
improving the claimant's prospects of being employed;
b
“training scheme“ and “employment programme” have such meaning as may be prescribed.