Chapter S6: JSA Medium-level sanctions
Contents| S6001: | Introduction |
| S6010: | What is the reduction period |
Chapter S6: JSA Medium-level sanctions
S6001 Introduction
This chapter gives guidance in respect of medium-level sanctions relating to newstyle JSA (hereafter referred to as JSA) and should be read with ADM Chapter S4
(JSA sanctions - general principles). ADM Chapter S4 gives guidance on the
meaning of terms, what considerations apply when determining what reduction
period applies and the amounts of a reduction period.
Note: ADM Chapter M1 (UC pathfinder) provides guidance on the meaning of new
style JSA.
S6002
A medium-level sanction is a reduction of JSA for a sanctionable failure by aclaimant who fails for no good reason to comply with (1)
1. a work search requirement, but only in relation to the requirement to take all
reasonable action to obtain paid work, more paid work or better paid work (2) or
2. a work availability requirement.
See ADM Chapter R4 for guidance on work-related requirements. See ADM
Chapter S4 (Sanctions - general principles) for the meaning of a sanctionable
failure.
1 WR Act 12, s 6K; JSA Regs, reg (17); 2 WR Act 12, s 6D(1)(a); 3 s 6E(1)
[S6003-S6009]
S6010 What is the reduction period
The reduction period for a medium-level sanction is (1)1. 28 days where there has not been a previous medium-level sanctionable
failure within 365 days of the current failure or
2. 91 days if, in the 364 days immediately before the date of the
failure,
there was
2.1 another medium-level sanctionable failure for which a 28 or 91 day
reduction applies or
2.2 a UC medium-level sanctionable failure for which a 28 or 91 day
reduction applies.
Note: See ADM Chapter S4 for guidance on UC medium-level sanctions.
1 JSA Regs 13, reg 20
S6011
This means a failure must be within 365 days of the previous failure in order toescalate to the next penalty. The DM considers whether there has been another
sanctionable failure in the 364 days immediately before the date of the failure in
question.
Example 1
Brenda is awarded JSA from 13.3.14 after she is made redundant when the callcentre she works in relocates. She is subject to all work-related requirements. This
includes a requirement to take all reasonable action to search for paid work for her
expected hours of work a week, which she agreed with her personal adviser is 35
hours a week. This is recorded on her claimant commitment.
At an interview with her adviser, Brenda gives evidence that in the week ending
26.3.14 she only spent four hours looking for work, by drafting a CV and looking at job
vacancies in the Jobcentre. The rest of the time she spent with her friends or watching
TV. The DM determines that Brenda had no good reason for not searching for the
agreed period. Brenda is treated as not complying with a work search requirement,
and a 28 day reduction of JSA is imposed.
Example
2
At another interview with her adviser on 26.8.14 Brenda provides no evidence of work search activity. The DM decides that there was no good reason for the failure and a 91
day reduction period of JSA is imposed, as this sanctionable failure is within 365 days
of a previous medium-level sanctionable failure.
Example
3
Dave was previously entitled to UC. his award of UC was reduced for 28 days on 15.7.14 as he had been treated as not complying with a work search requirement.
Dave is now entitled to JSA and he is required to be available for work, and no
limitations have been set on that requirement to be available. Dave notifies his adviser
that he is going on a cycling holiday for a fortnight from 15.10.14. He will not be
contactable while on holiday as it will be in a remote rural area. The adviser considers
that there is a doubt as to whether Dave is complying with his work availability
requirement. The DM determines that there is no good reason for Dave not to comply
with his work availability requirement and imposes a 91 day reduction, as this
sanctionable failure is within 365 days of a previous medium- level sanctionable
failure.