The Jobseeker’s Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations (Northern Ireland) 2019

Statutory Rules of Northern Ireland

2019 No. 201

Social Security

The Jobseeker’s Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations (Northern Ireland) 2019

Made

at 9.53 a.m. on 16th October 2019

Laid before Parliament

at 4.00 p.m. on 16th October 2019

Coming into force

27th November 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 2(2), 8J(5)(b) and (6), 21(4)(b) and (5) and 36(2)(a) of the Jobseekers (Northern Ireland) Order 1995(1) and Articles 31(6)(b) and (7) and 48(2)(a) of the Welfare Reform (Northern Ireland) Order 2015(2).

Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015.

Citation and commencement

1.  These Regulations may be cited as the Jobseeker’s Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations (Northern Ireland) 2019 and come into operation on 27th November 2019.

Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996

2.  In the table in paragraph (1) of regulation 69 (the period of a reduction under Article 21: higher-level sanctions) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3)—

(a) in the row beginning “where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 52 weeks”—

(i) in paragraph (b) (26 weeks), in the second column (reduction period), for “78 weeks” substitute “26 weeks”;

(ii) omit paragraph (c) (78 weeks) and the corresponding entry in the second column;

(b) in the row beginning “where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 2 weeks”, omit paragraph (c) (78 weeks) and the corresponding entry in the second column.

Amendment of the Universal Credit Regulations (Northern Ireland) 2016

3.—(1) In the table in paragraph (2) of regulation 99 (higher-level sanctions) of the Universal Credit Regulations (Northern Ireland) 2016(4)—

(a) in the row beginning “where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is within 365 days”—

(i) in paragraph (d) (182 days), in the second column (reduction period where claimant aged 18 or over), for “546 days” substitute “182 days”;

(ii) omit paragraph (e) (546 days) and the corresponding entry in the second column;

(b) in the row beginning “where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is within 14 days”, omit paragraph (e) (546 days) and the corresponding entry in the second column.

Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016

4.  In the table in paragraph (1) of regulation 20 (higher-level sanctions) of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016(5)—

(a) in the row beginning “where there have been one or more previous relevant failures by the claimant and the date of the most recent previous relevant failure is within 365 days”—

(i) in paragraph (b) (182 days), in the second column (reduction period), for “546 days” substitute “182 days”;

(ii) omit paragraph (c) (546 days) and the corresponding entry in the second column;

(b) in the row beginning “where there have been one or more previous relevant failures by the claimant and the date of the most recent previous relevant failure is within 14 days”, omit paragraph (c) (546 days) and the corresponding entry in the second column.

Transitional provision

5.—(1) Where, on the date that these Regulation come into operation, the amount of an award of jobseeker’s allowance is subject to a reduction under Article 21 of the Jobseekers (Northern Ireland) Order 1995 for a period of 78 weeks, the reduction is to be terminated where, since the date that the reduction took effect, the award has been reduced for a period of at least 26 weeks.

(2) Where, on the date that these Regulations come into operation, the amount of an award of jobseeker’s allowance is subject to a reduction under Article 8J of the Jobseekers (Northern Ireland) Order 1995 for a period of 546 days, the reduction is to be terminated where, since the date that the reduction took effect, the award has been reduced for a period of at least 182 days.

(3) Where, on the date that these Regulations come into operation, the amount of an award of universal credit is subject to a reduction under Article 31 of the Welfare Reform (Northern Ireland) Order 2015, or which is treated as a reduction under Article 31 of that Order by virtue of regulation 33(3) of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016(6), for a period of 546 days, the reduction is to be terminated where, since the date that the reduction took effect, the award has been reduced for a period of at least 182 days.

Signed by authority of the Secretary of State for Work and Pensions

Mims Davies

Parliamentary Under-Secretary of State

Department for Work and Pensions

At 9.53a.m on 16th October 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the Universal Credit Regulations (Northern Ireland) 2016 and the Jobseeker’s Allowance Regulations (Northern Ireland) 2016 so that the maximum period of a higher-level sanction under Article 21 of the Jobseekers (Northern Ireland) Order 1995 is 26 weeks and the maximum period of a higher-level sanction under Article 8J of the Jobseekers (Northern Ireland) Order 1995 and Article 31 of the Welfare Reform (Northern Ireland) Order 2015 is 182 days.

Transitional provisions are also made which apply where, on the date that the Regulations come into operation, the amount of an award of jobseeker’s allowance or universal credit is subject to a reduction for a higher-level sanction for a period of 78 weeks or 546 days, as the case may be. In such a case, the reduction is to be terminated when the award of jobseeker’s allowance or universal credit has been reduced for a period of at least 26 weeks or 182 days, as the case may be.

This means that where, on the date that these Regulations come into operation, an award which is subject to a reduction for a higher-level sanction for a period of 78 weeks or 546 days—

• has been reduced for at least 26 weeks or 182 days, the reduction will be terminated on that date;

• has been reduced for less than 26 weeks or 182 days, the reduction will terminate once the award has been reduced for 26 weeks or 182 days.

An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. This instrument has no impact on the public sector.

(1)

S.I.1995/2705 (N.I. 15); Article 2(2) is cited for the meaning of the word “regulations”. Article 8J was substituted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015. Article 21 was substituted by Article 52(1) of that Order.

(2)

2015 No. 2006 (N.I. 1).

(3)

S.R.1996 No. 198; Regulation 69 was substituted by regulation 2(2) of S.R. 2016 No. 241 and amended by regulation 4(6)(a) of S.R. 2017 No. 116.

(4)

S.R. 2016 No. 216.

(5)

S.R. 2016 No. 218; Regulation 20 was substituted by regulation 10(6)(a) of S.R. 2017 No. 116.

(6)

S.I. 2014/1230.