The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013

Sanctions: transition from old style ESA in case of a new award

14.—(1) This article applies where—

(a) a person is entitled to a new style ESA award and they were previously entitled to an old style ESA award that was not in existence immediately before the first day on which the person in question is entitled to the new style ESA award; and

(b) immediately before the old style ESA award terminated, payments were reduced under regulation 63 of the ESA Regulations 2008 (reduction of employment and support allowance)(1).

(2) Where this article applies—

(a) the failure which led to reduction of the old style ESA award (“the relevant failure”) is to be treated for the purposes of Part 8 of the ESA Regulations 2013, as a failure which is sanctionable under section 11J of the 2007 Act (sanctions)(2);

(b) the new style ESA award is to be reduced in relation to the relevant failure, in accordance with the provisions of this article and Part 8 of the ESA Regulations 2013 as modified by this article; and

(c) the reduction referred to in sub-paragraph (b) is to be treated, for the purposes of the ESA Regulations 2013, as a reduction under section 11J of the 2007 Act.

(3) The reduction period for the purposes of the ESA Regulations 2013 is to be the number of days which is equivalent to the length of the fixed period applicable to the person under regulation 63 of the ESA Regulations 2008 in relation to the relevant failure, minus—

(a) the number of days (if any) in that fixed period in respect of which the amount of the old style ESA award was reduced; and

(b) the number of days (if any) in the period starting with the day after the day on which the old style ESA award terminated and ending with the day before the first day on which the person is entitled to the new style ESA award.

(4) Accordingly, regulation 51 of the ESA Regulations 2013 (general principles for calculating reduction periods) applies in relation to the relevant failure as if—

(a) in paragraph (1), for the words “in accordance with regulations 52 and 53” there were substituted the words “in accordance with article 14 of the Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013”; and

(b) in paragraph (3), for the words “in accordance with regulation 52 or 53” there were substituted the words “in accordance with article 14 of the Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013”.

(1)

Regulation 63 was amended by S.I. 2011/1349 and 2012/2756.

(2)

Section 11J was inserted by section 57(2) of the Welfare Reform Act 2012 (c.5).