Chapter K6: Lowest-level sanctions
Contents| K6001: | Introduction |
| K6002: | When does a lowest-level sanction apply |
| K6010: | What is the reduction period |
Chapter K6: Lowest-level sanctions
K6001 Introduction
This Chapter should be read with ADM Chapter K1 (Sanctions - general principles).This gives guidance on the meaning of terms, and what considerations apply when
determining what reduction period applies. See ADM Chapter K8 for guidance on
when the reduction has effect, and ADM Chapter K9 for guidance on the amount of
the reduction.
K6002 When does a lowest-level sanction apply
A lowest-level sanction is a reduction of UC for a sanctionable failure by a claimantwho (1) :
1.falls within the work-focused interview requirement only group (2) and :
2.fails without good reason to take part in a WFI (3).
See ADM Chapter J2 for guidance on work-related requirements groups, and ADM
Chapter J3 for guidance on work-related requirements. See ADM Chapter K1 for the
meaning of a sanctionable failure.
1 WR Act 12, s 20 & 27; UC Regs, reg 105(1); 2 WR Act 12, s 13(2)(a); 3 s 15
[K6003-K6009]
K6010 What is the reduction period
The reduction period is the number of days (1) :1.beginning with the date of the sanctionable failure and
2. ending with
2.1 the day before the day on which the claimant meets a compliance
condition specified by the Secretary of State or
2.2 the day before the day on which the claimant falls into the "no work-
related requirements" group (2) or
2.3 the day on which the award terminates (other than because the
claimant ceases to be, or becomes, a member of a couple)
whichever is soonest.
1 UC Regs, reg 105(2); 2 WR Act 12, s 19
Note: See ADM Chapter K1 for the meaning of compliance condition, and ADM
Chapter K8 for guidance on when the reduction begins, including where there is
more than one sanctionable failure.
Example
1
Clive is entitled to UC, and is the responsible carer for his 4 year old grandson Paul while Paul's mother is serving a prison sentence. Clive is required to take part in a
WFI on 10.9.14, but fails to attend. He rings the Jobcentre on 15.9.14 to say he
forgot about the interview, and makes an appointment for a further WFI. The DM
determines that Clive had no good reason for the failure to attend. As Clive met the
compliance condition on 15.9.14 his UC is reduced for a total period of 5 days.
Example
2
Abigail is a lone parent and lives with her children Daniel aged 6 and Julie aged 3. Abigail is required to take part in a WFI on 25.11.14, but does not attend. She does
not reply when asked for reasons for the failure to attend. The DM determines that a
reduction should be imposed for the sanctionable failure.
Later Abigail notifies that on 20.12.14 she moved in with her partner Marco who is
also entitled to UC. Abigail's assessment period begins on the 24th of the month, so
her award of UC as a single claimant is terminated on 23.11.14. Marco's
assessment period begins on the 19th of the month, so his entitlement as a single
claimant ends on 18.12.14. Marco and Abigail are entitled to UC as joint claimants
from 24.11.14. Abigail is nominated as the responsible parent, and remains in the
work-focused interview requirement only group. Abigail's sanction continues until
she complies with the requirement to take part in a WFI, because although her
award terminated, that was only because she became a member of a couple.
Example
3
Colin and Lisa are joint claimants, and foster Kerry, a child aged 11. Colin is in the all work-related requirements group, and as the responsible foster parent, Lisa falls
within the work-focused interview requirement only group. Colin and Lisa's
assessment period begins on the 4th of every month.
Lisa is required to attend a WFI on 10.8.14, but fails to do so. In response to a
written query, she says that she forgot. She does not make a further appointment for
a WFI. The DM decides to impose a reduction for the sanctionable failure.
On 27.8.14 Lisa contacts the DWP to say that on 22.8.14 she started fostering Neil,
a child aged 4 months. The reduction period ends on 21.8.14, as from 22.8.14 Lisa
is no longer subject to any work-related requirements.
Example
4
Heather is a lone parent with a daughter aged 3. She is entitled to UC, and is in the work-focused interview requirement only group. Heather fails to attend a WFI on
22.7.14. She does not respond to requests for reasons as to why she failed to
attend. The DM imposes a reduction for the sanctionable failure.
On 7.11.14 Heather notifies that she has inherited £54,000 from a distant relative.
The money was credited to her account on 29.9.14. Heather's assessment period
begins on the 25th of every month, so her UC award is terminated from 25.9.14. The
reduction period ends on 24.9.14, the last day of UC entitlement.