Loading ADM ...

Chapter S4: JSA Sanctions - General principles

Contents
S4001:Introduction
S4006:Scope of chapter

Definitions
S4011:Meaning of higher-level sanction
S4012:Meaning of low-level sanction
S4013:Meaning of medium-level sanction
S4014:Meaning of pre-claim failure
S4015:Meaning of reduction period
S4016:Meaning of sanctionable failure
S4019:Meaning of total outstanding reduction period
S4020:Meaning of UC sanctionable failure

General principles for calculating reduction periods
S4026:Reduction period
S4030:Maximum reduction period
S4031:Previous failure within 14 days

When a reduction is to have effect
S4036:Start of the reduction period
S4041:Reduction period to continue where JSA award terminates
S4046:Award terminates before determination made
S4051:Suspension of a reduction where a fraud penalty applies
S4056:When a reduction period is to be terminated
S4061:Amount of the reduction for each benefit week
S4062:Daily reduction rate
S4066:Sanctions where UC ends and the person is entitled to JSA
S4067:Period of the reduction
S4068:Daily reduction rate
S4069:Amount of reduction

Chapter S4: JSA Sanctions - General principles

S4001 Introduction

From 29.4.13, claims for and awards of JSA under the provisions as in force before
amendments to remove JSA(IB) will gradually be phased out. Legislation (1) provides
for a benefit to be known as JSA which replaces the existing benefit of the same
name. This chapter gives guidance in respect of the general principles relating to
sanctions in new style JSA (hereafter referred to as JSA).
Note: ADM Chapter M1 (UC Pathfinder) provides guidance on the meaning of new
style JSA.

1 JSA Regs 13; 2 reg 1(3)

S4002

Where a claimant fails to meet their responsibilities without good reason, their JSA
may be reduced. This is known as a sanction. Legislation contains provisions
relating to sanctions (1).
Note: For guidance on sanctions for awards of JSA before 29.4.13 see DMG
Chapter 34.
1 JSA Regs 13, Part 3

[S4003-S4005]

S4006 Scope of chapter

This Chapter gives guidance on
1. terms that are used throughout the ADM Chapters on JSA sanctions (S4011 -
S4020)
2. the general principles on JSA sanctionable failures (S4026 - S4031)
3. when a reduction is to have effect (S4036 - S4052)
4. the termination of a reduction (S4056 - S4058)
5. the amount of a reduction (S4061)
6. the daily reduction rate (S4062)
7. sanctions where UC ends and the person is entitled to JSA (S4066)
S4007 - S4010

Definitions

S4011 Meaning of higher-level sanction

A higher-level sanction (1) is a sanctionable failure (see S4016) where a claimant
1. fails for no good reason to comply with a work preparation requirement to
undertake a specified work placement (i.e.MWA)2 or
2. fails for no good reason to comply with a work search requirement to apply for
a particular vacancy for paid work (3) or
3. fails for no good reason to comply with a work availability requirement by not
taking up an offer of paid work (4) or
4. by reason of misconduct, or voluntarily and for no good reason, ceases paid
work or loses pay (5).
Note: See ADM Chapter R4 for guidance on Claimant responsibilities: Work
Requirements, Chapter K2 for guidance on good reason, and Chapter S5 (JSA
Higher-level sanctions) for detailed guidance on failures to comply with MWA
placements, failures to apply for or take up a vacancy and voluntarily or through
misconduct ceases or loses paid work.
1 WR Act 12, s 6J; JSA Regs 13, reg 19; 2 WR Act 12, s 6J(2)(a); JSA Regs 13, reg 29
3 WR Act 12, s 6J(2)(b); 4 s 6J(2)(c); 5 s 6J(2)(d)

S4012 Meaning of low-level sanction

A low-level sanction (1) is a sanctionable failure (see S4016) where a claimant fails to
comply for no good reason with a
1. specifiedwork preparation requirement2 or
2. work search requirement for the purpose of obtaining paid work, more paid
work or better paid work3 or
3. requirement to participate in an interview for any purpose relating to a work-
related requirement (4).
Note: See ADM Chapter R4 for guidance on Claimant responsibilities: Work
Requirements, ADM Chapter K2 for guidance on good reason and ADM Chapter S7
for detailed guidance on low-level sanctions.
1JSA Regs 13, reg 17,WR Act 12, s 6K; 2 s 6K(a); 3 s 6K(a); 4 s 6K (b

S4013 Meaning of medium-level sanction

A medium level sanction (1) is a sanctionable failure (see S4016) where a claimant
fails to comply with a

1. work search requirement under relevant legislation (2) to take all reasonable
action to obtain paid work or
2. requirement to be available for work under relevant legislation (3).
Note: See ADM Chapter R4 for guidance on Claimant responsibilities: Work
Requirements and ADM Chapter S6 for detailed guidance on medium-level
sanctions.
1 JSA Regs 13, reg 17, WR Act 12, s 6K; 2 s 6D(1)(a) ; 3 s 6E(1)

S4014 Meaning of pre-claim failure

A pre-claim failure means a sanctionable failure (see S4016) where a claimant fails
1. without good reason to take up an offer of paid work or
2. by reason of misconduct or voluntarily and for no good reason ceases or loses
paid work (1).
Note: For detailed guidance on pre-claim failures see ADM Chapter S5 (JSA Higher-
level sanctions).
1 WR Act 12, s 6J (3)

S4015 Meaning of reduction period S4026

The reduction period is the number of days for which an award of JSA is reduced for
each sanctionable failure (1) (see S4016).
Note: For detailed guidance on reduction periods see S4026 et seq.
1 JSA Regs 13, reg 17

S4016 Meaning of sanctionable failure S4011 S4012 S4013 S4014 S4015

A sanctionable failure is a failure that has incurred a sanction under relevant
legislation (1).

1WR Act 12, s 6J & 6K

S4017

Sanctionable failures can result in a reduction of JSA at the higher, medium or low-
level (1). In some cases no reduction is applied (2) (see ADM Chapter S5 - JSA Higher-
level sanctions).

1 JSA Regs 13, reg 17; 2 reg 28

S4018

Where a failure is a sanctionable failure, the claimant's award of JSA is normally
reduced. The period and amount of reduction depends on (1)
1. which work-related requirement the claimant failed to comply with and
2. the number of sanctionable failures and
3. the period between failures.

Note: See ADM Chapter S5 for detailed guidance on JSA Higher-level sanctions,
ADM Chapter S6 for JSA Medium-level sanctions and ADM Chapter S7 for JSA
Low-level sanctions.
1 WR Act 12, s 6J & 6K

S4019 Meaning of total outstanding reduction period S4030 S4061

The total outstanding reduction period is the total number of days of a reduction
period for which an award of JSA has not yet been reduced (1). This includes all
sanctions that have not yet been applied, i.e. higher-level, medium-level, low-level
and reductions transferred from UC (see S4026 et seq for guidance on calculating
reduction periods).
1 JSA Regs 13, reg 17

S4020 Meaning of UC sanctionable failure S4006

A UC sanctionable failure means a failure by a claimant which is sanctionable under
UC legislation (1).
Note: For guidance on Sanctions on an award of UC see ADM Chapters K1 - K9.
1 JSA Regs 13, reg 17; WR Act 12, s 26 & 27

[S4021-S4025]

General principles for calculating reduction periods

S4026 Reduction period S4015 S4019 S8094 S8103

The reduction period is the number of days for which an award of JSA is reduced for
each sanctionable failure (1) (see also S4015).

1 JSA Regs 13, reg 18 (1)

S4027 S4030 S4041

Reduction periods run consecutively (1), i.e. one sanction period follows immediately
after the other. If it is determined that an award of JSA should be reduced as a result
of a sanctionable failure, and a reduction has already been imposed for a previous
sanctionable failure, the later reduction is added to the total outstanding reduction
period, and takes effect once the previous reduction has ended.
1 JSA Regs 13, reg 18(2)
Example
Sue has had several different sanctions imposed for failure to comply with work-
related requirements since her entitlement to JSA began on 15.8.13. She had a

higher-level sanction of 91 days imposed on 9.10.13, because she left her part-time
job voluntarily for no good reason. Sue later refused to apply for a job vacancy on
19.12.13, and a further higher-level sanction of 182 days was imposed. The
reduction period for the failures began on 15.9.13, and is due to end on 14.6.14.
After Sue failed to attend a MWA work placement which started on 12.5.14, the DM
decides on 20.5.14 to impose a further higher-level sanction. This ought to be for
1095 days, as there was a previous 182 day higher-level sanctionable failure within
365 days. However, as at 20.5.14 the total outstanding reduction period is 25 days,
that is the number of days for which Sue's award of JSA has not yet been reduced.
The DM therefore imposes a reduction period of 1070 days, effective from 15.6.14.

S4028

The reduction period depends on whether the sanctionable failure results in a
1. higher-level
sanction (1) (see ADM Chapter S5) or
2. medium-level
sanction (2) (see ADM Chapter S6) or
3. low-level
sanction (3) (see ADM Chapter S7).

1 JSA Regs 13, reg 19; 2 reg 20 ; 3 reg 21

S4029

Reduction periods can be for
1. an open period until the claimant meets a compliance condition or
2. a fixed period or
3. a combination of both.
Higher and medium-level sanctions are for a fixed period, low-level sanctions have
a combination of an open period until compliance, followed by a fixed period.
Note: See ADM Chapters S5 - S7 for further specific examples in relation to higher,
medium and low-level sanctions.

S4030 Maximum reduction period S8094 S8103

Where imposing a reduction period for a sanctionable failure would mean that the
total outstanding reduction period (see S4019) would exceed 1095 days, the number
of days in the reduction period is adjusted to ensure that this limit is not exceeded (1).
The calculation of the total outstanding reduction period is made at the date when
the DM makes the determination of the reduction period.
1 JSA Regs (13), reg 18 (3)
Example
See the example at S4027. On 1.9.14 Sue refuses without good reason to apply for
an advertised vacancy and on 5.9.14 the DM decides a further higher level sanction
should be applied. This ought to be for 1095 days as there was a previous 182 day
higher level sanctionable failure within 365 days. However as at 5.9.14 when the DM

makes the determination the total outstanding reduction period is 988 days (this is
the number of days for which Sue's award of JSA has not yet been reduced, i.e. the
1070 total reduction period outstanding at 15.6.14 minus 82 days for the period
served from 15.6.14 to 5.9.14). The DM therefore imposes a reduction period of 107
days. The total outstanding reduction period will be 1095 days effective from 6.9.14.

S4031 Previous failure within 14 days S4006

When calculating which reduction period applies, a previous sanctionable failure is
disregarded for the purposes of escalation if it is in the 13 days immediately before
the current failure in question (1)
Note: See ADM Chapters S5 - S7 for further specific examples in relation to higher,
medium and low-level sanctions.
1 JSA Regs (13), reg 18 (4)(a)
Example
On 3.9.13 Kyle fails to attend his fortnightly interview and give evidence of
compliance with work search and work availability requirements. He fails to
participate in an interview again on 17.9.13. The DM determines that both are
sanctionable failures for which a low-level sanction should be imposed. As the
failure on 3.9.13 is in the 13 days immediately before the failure on 17.9.13, it is
disregarded when considering what fixed reduction period to apply for the second
failure.

[S4032-S4035]

When a reduction is to have effect

S4036 Start of the reduction period

The reduction period takes effect from the first day of the
1. benefit week in which the sanctionable failure occurred where the claimant
has not been paid JSA (1) or
2. first benefit week for which the claimant has not been paid JSA (2) or
3. first benefit week in which the award is no longer subject to a reduction (1) if the
JSA award is already subject to a reduction as in 1. or 2.3.
The reduction period determination is incorporated in a supersession decision which
takes effect from the same date. See also ADM Chapter A4 (Supersession) for
guidance on the supersession effective date rules.
Note: The definition of benefit week (4) can be found in ADM Chapter S2.
1 JSA Regs (13), reg 22(a ); 2 reg 22(b);3 reg 22(c ); 4 reg (2)(2)

Example 1

On 15.7.13Jamil fails to attend an interview with a Work Programme provider as
required. On 31.7.13 the DM determines Jamil failed without good reason to
participate with a work-related requirement and imposes a sanction. Jamil's benefit
week ends on a Thursday and he was last paid JSA to 18.7.13. The reduction period
begins on 19.7.13.

Example 2

On 10.6.13 Anila fails to comply with a requirement to join a job club. On 3.7.13 the
DM determinesthat Anila failed without good reason to comply with a work-related
requirement and imposes a low-level sanction. Anila joined the job club on 21.6.13
and a reduction period of 19 days is appropriate (12 days of non-compliance plus 7
days for a first lower level failure). Anila's benefit week ends on a Monday. On
checking Anila's records a higher level sanction of 91 days is already imposed on
her JSA from 28.5.13 - 26.8.13. The reduction period for the failure in question will
begin on 27.8.13. The total outstanding reduction period on 3.7.13 is 73 days.

[S4037-S4040]

S4041 Reduction period to continue where JSA award terminates

If an award of JSA terminates while there is an outstanding reduction period, the
reduction period continues to run as if a daily reduction were being applied (1). If the
claimant becomes entitled to a new award of JSA before the period expires, that
award is subject to a reduction for the remainder of the total outstanding reduction
period (2).
Note 1: All sanctions run consecutively, see the guidance at S4027.
Note
2: See S4046 where the award of JSA terminates before a determination to
sanction is made.

1 JSA Regs 13, reg 23(1)(a); 2 reg 23(1)(b)
Example
Jonathan is entitled to JSA and has a 91day reduction period imposed on his JSA
award from 12.5.14 - 10.8.14.
On 2.6.14 Jonathan starts a 2 month temporary work contract. His award of JSA
terminates from 2.6.14.
He finishes work on 1.8.14 and re-claims JSA on 4.8.14.
A 7 day reduction period will be imposed on his new award for the balance of the
outstanding reduction period as follows:

1. sanctionabledays already served 12.5.14 - 2.6.14 = 21 days.
70 days in total outstanding reduction period minus
2. period off JSA 2.6.14 - 3.8.14 = 63 days
7 days balance in the total outstanding reduction period will be imposed on the new
award of JSA.

[S4042-S4045]

S4046 Award terminates before determination made S4041

If an award of JSA terminates
1. before the DM determines that the award will be subject to a reduction and
2. that determination is made after the claimant becomes entitled to a new
award of JSA
the reduction period in relation to that failure is to have effect as if the determination
had been made on the day before the previous award of JSA terminated (1).
Note 1: In effect the decision to sanction is delayed or `reserved' because the
claimant does not have a current claim to JSA, but anytime away from benefit is
treated as served towards the reduction period if when the claimant re claims JSA a
sanction is appropriate.
Note
2: The date the reduction period starts will depend on whether the claimant has
already been paid (2).
1 JSA Regs 13, reg 23 (2); 2 reg 23 (3)
Example
Josie makes a new claim to JSA on 16.10.14. Her previous award of JSA terminated
on 30.7.14. When her previous award terminated there was an outstanding
determination for a failure to apply for an advertised vacancy. The DM determines
that a 91 day reduction period would have been appropriate. The 91 day reduction
period is calculated from 29.7.14 - 27.10.14. Josie will serve a 12 day reduction
period on her new claim to JSA.

[S4047-S4050]

S4051 Suspension of a reduction where a fraud penalty applies S4061

A reduction period for a sanctionable failure is suspended for any period during
which a fraud penalty also applies to that award of JSA (1).

Note: For detailed guidance on fraud penalties see ADM Chapter B2 Restrictions on
payment of benefit - benefit offences.

1 JSA Regs 13, reg 24(1)

S4052 S4006

The reduction
1. ceases to have effect on the day on which the period of the fraud penalty
begins and
2. begins again on the day after that period ends (1).
1 JSA Regs 13, reg 24(2)
Example 1
On 8.12.14 Mo fails without good reason to comply with a work preparation
requirement and the DM decides to impose a low-level sanction for a reduction
period of 9 days (2 days non-compliance, followed by a 7 day fixed period) for a first
low level failure.
Mo already has a fraud penalty imposed on his JSA of 26 weeks which is due to
expire on 4.3.15. The reduction period is suspended and can be imposed from
5.3.15.
Example 2
Mary has a 182 day reduction period imposed on her JSA from 6.1.15. On 15.4.15 a
fraud penalty of 26 weeks is imposed on her award of JSA. The reduction period is
suspended from 15.4.15 - 13.10.15. An 83 day reduction period will be imposed,
which is the balance of the reduction period still to be served, from 14.10.15, the day
after the fraud penalty ends.

[S4053-S4055]

S4056 When a reduction is to be terminated S4057 S4057 S4057

A reduction imposed for a sanctionable failure will be terminated where, since the
date of the most recent sanctionable failure which resulted in a reduction being
imposed, the
1. claimant has been in paid work for
1.1
a period of at least 26 weeks or
1.2
at least one period of employment where the total of those periods
amounts to more than 26 weeks (1) and
2. claimant's weekly earnings are at least equal to their expected number of
hours per week multiplied by the national minimum wage which would apply
for a person of the claimant's age (2) (see ADM Chapter R4 for guidance on
expected hours).
1 JSA Regs 13, reg 25(1); 2 reg 25(3)

S4057

The termination of the reduction has effect from the beginning of the
1. benefit week in which the conditions in S4056 fall or
2. first benefit week in relation to any subsequent award where the conditions in S4056fall outside a period of entitlement to JSA (1).
1 JSA Regs 13, reg 25 (2)

Example

On 18.11.14 Adok fails without good reason to comply with a requirement to attend
his MWA placement and on 26.11.14 the DM determines a 1095 day reduction
period is to be imposed on his award of JSA as this is Adok's third higher level
failure. Adok's benefit week ends on a Monday and he was last paid JSA to
17.11.14. The reduction period is imposed from 18.11.14.
On 2.1.15 Adok starts work. His award of JSA terminates 2.1.15.
On 1.10.15 Adok makes a further claim to JSA. His contract of employment ended
on 30.9.15.
The balance of the previous sanctionable failure outstanding on the previous award
of JSA cannot be applied to his new award as Adok has been in employment for
more than 26 weeks and his earnings meet the conditions in S4056 2..

[S4059-S4060]

S4061 Amount of the reduction for each benefit week

Where it is determined that an award of JSA is to be reduced because of a
sanctionable failure, the amount of the reduction for each benefit week in respect of
which a reduction has effect is calculated as follows (1)
1. take the number of days in
1.1
the benefit week or
1.2
if lower, in the total outstanding reduction period (see S4019)
deducting any days in that benefit week for which the reduction is suspended
(see S4051)
2. multiply the number of days at 1. by the daily reduction rate(see S4062) and
3. deduct the amount produced from 2. and 3. from the amount of the award for
the benefit week.
1 JSA Regs (13), reg 26

S4062 Daily reduction rate S4061 S4068

The daily reduction rate is the applicable amount appropriate to the claimant (1)
1. multiplied by 52 and
2. divided by 3652.
Note 1: The daily amount calculated is rounded down to the nearest 10 pence (3).
Note 2: See ADM Chapter S1(Amounts of JSA and part weeks) for guidance on
applicable amounts.
1 JSA Regs 13, reg 49; 2 reg 27(1); 3 reg 27(2)

Example 1

Brad, who is aged 23, is awarded JSA. On 26.3.14 the DM determines that Brad had
no good reason for not complying with a work search requirement and a 28 day
reduction of JSA is imposed for a first medium-level sanctionable failure.
The daily rate of reduction is 8.00 (56.80 x 52 365).
Brad's benefit week ends on a Tuesday and he was last paid JSA to 18.3.14. The
first benefit week for which a reduction can be imposed is from 19.3.14.
The amount of the reduction for that week and the three weeks following is
calculated as the number of days in the benefit week i.e. 7 days x 8.00 (the daily
reduction rate) = 56.00.
Example 2
Justine is aged 27 years and claims JSA. Her benefit week ends on a Thursday.
On 6.11.14 the DM determines that Justine has failed without good reason to comply
with a specified action as part of a work search requirement. Justine has no previous
low-level sanctionable failures so the DM imposes a sanction of 6 days for the period
of non-compliance and a further 7 days (fixed period) following compliance.
Justine already has a higher-level sanction imposed on her JSA award of 91days
which still has 30 days outstanding. The new total outstanding reduction period is 43
days as all sanctions run consecutively.
The daily reduction rate is 10.20 (71.70 x 52 365). Justine was last paid JSA up
to 30.10.14.
The amount of the reduction for the benefit week starting on 31.10.14 and the next 5
weeks is calculated as the number of days in the benefit week of 7 days x 10.20
(the daily reduction rate) = 71.40.

For the benefit week starting on 12.12.14 the amount of the reduction is calculated
as the total outstanding reduction period of 1 day (i.e. the balance of days that
remain to be served) x 10.20 = 10.20.

[S4063-S4065]

S4066 Sanctions where UC ends and the person is entitled to JSA S4067 S4068 S4069

Where
1. the claimant's award of UC is terminated and
2. a higher, medium or low-level sanction is imposed (1) and
3. the claimant is entitled to JSA
any reduction of the UC award is applied to the JSA award (2).
1 WR Act 12, s 26 & 27; 2 JSA Regs (13), reg 30 (1) & (2)

S4067 Period of the reduction S4069

Where S4066 applies, the period for which JSA is reduced is the number of days for
which the UC sanction applied after deducting any days which
1. have already resulted in a reduction of the amount of UC (1) or
2. fall after the last day of UC entitlement and the first day of JSA entitlement (2).
1 UC Regs, reg 102 - 104; 2 JSA Regs 13, reg 30(3)

S4068 Daily reduction rate S4069

Where S4066 applies, the daily reduction rate for JSA is calculated in the same way
as for a JSA sanction (1). See S4062 for further guidance.
1 JSA Regs 13, reg 30(4)

S4069 Amount of reduction

Where S4066 applies, the amount of the reduction of JSA is the number of days in S4067x the daily reduction rate in S4068 (1).
1 JSA Regs 13, reg 30(5)