Escalation of sanctions: transition from old style JSA
19
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 19 (higher-level sanction), 20 (medium-level sanction) or 21 (low-level sanction) of the JSA Regulations 2013 in relation to a sanctionable failure by the person other than a failure which is treated as sanctionable by virtue of article 17 or 18—
a
a reduction of a new style JSA award in accordance with article 17 or 18; and
b
a reduction of an old style JSA award under section 19 (as it applied both before and after substitution by the Act) or 19A of the 1995 Act, or under regulation 69B of the JSA Regulations 1996, which did not result in a reduction under article 17 or 18,
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 19 (higher-level sanction), 20 (medium-level sanction) or 21 (low-level sanction) of the JSA Regulations 2013 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 17 or 18 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 section 19 (as it applied both before and after substitution by the Act) or 19A of the 1995 Act, 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.
Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 (S.I. 2013/1511), art. 5
Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2846), art. 5
Arts. 9-22 applied (21.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 5
Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/101), art. 5
Arts. 9-22 applied (28.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/33), art. 5
Arts. 9-22 applied (1.9.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/2321), art. 5
Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209), art. 5
Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583), art. 5
Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657), art. 6
Arts. 9-22 applied (10.3.2015) by The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634), art. 6
Arts. 9-22 applied (20.7.2015) by The Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/1537), art. 6
Arts. 9-22 applied (23.11.2015) by The Welfare Reform Act 2012 (Commencement No. 25 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/1930), art. 5
Arts. 9-22 applied (14.1.2016) by The Welfare Reform Act 2012 (Commencement No. 26 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/33), art. 5
Arts. 9-22 applied (21.3.2016) by The Welfare Reform Act 2012 (Commencement No. 27 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/407), art. 5
Arts. 9-22 applied (31.1.2019) by The Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019 (S.I. 2019/167), art. 4(12)