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Chapter S8: JSA transition

Contents
S8001:Introduction

Definitions
Meaning of JSA
S8002:New style JSA
S8003:Old style JSA
S8004:Meaning of Pathfinder Group
When provisions for claiming new style JSA apply
S8011:Introduction
S8012:Claims for new style JSA
S8016:Claims for UC or JSA on or after 29.4.13

Claim for UC on or after 29.4.13 - claimant gives incorrect
S8018:information
S8020:Couple treated as making UC claim
S8022:Former joint claimants - UC claim required
S8024:UC claim not required - earned income
S8025:UC claim not required - former joint claimants
S8041:Claimant moves out of relevant district or not in Pathfinder Group
S8051:Transition from old style JSA
S8052:Modifications to the jobseeking periods provisions
S8071:Transition from new style JSA
Sanctions
S8091:Transition from old style JSA for a new award
S8100:Transition from old style JSA for a continuing award
Escalation of sanctions
S8111:Transition from old style JSA
S8121:Termination of new style JSA sanctions
S8131:Appeals

Chapter S8: JSA transition

Introduction S8001 This Chapter gives guidance on
1. when the provisions for claiming new style JSA apply (see S8011 et seq) and 2. what happens when a claimant is no longer in a relevant district or in the UC
Pathfinder Group (see S8041 et seq) and
3. transition from old style JSA (see S8051 et seq) and
4. sanctions (see S8091 et seq) and
5. escalation of sanctions (see S8111 et seq)
6. appeals (see S8131 et seq).
Definitions Meaning of JSA New style JSA S8002 New style JSA is JSA as amended by law, based on NI contributions only (1).
1 JS Act 95; WR Act 12, Sch 14, Part 1; WR Act 12 (Commencement No. 9 etc.) Order, art 2(1)

S8003 Old style JSA

Old style JSA is JSA as it applies before the amendments referred to in S8002. It
includes JSA(Cont) and JSA(IB)1 (see DMG Volumes 4 - 7 for detailed guidance).
1 JS Act 95; WR Act 12 (Commencement No. 9 etc.) Order, art 2(1)

S8004 Meaning of Pathfinder Group S8016 S8018 S8041

A person is in the Pathfinder Group if they
1. live in the postcode districts in the Appendix to ADM Chapter M1: Pathfinder
Group - claims for UC and
2. meet certain requirements (see ADM Chapter M1: Pathfinder Group - claims
for UC)1.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 2(2); UC (TP) Regs, regs 5 - 12

[S8005-S8010]

When provisions for claiming new style JSA apply

S8011 Introduction

S8012 et seq give guidance on when the provisions for claiming new style JSA
apply. However, the new style JSA provisions apply only for as long as the award
continues. On any subsequent claim, DMs will have to consider again whether the
new style or old style provisions apply. Also, DMs should note that the new style
JSA provisions may no longer apply if the claimant's circumstances change (see S8031 et seq).
Claims for new style JSA
[See ADM memo ADM 17 14]

S8012 S8011 S8013 S8015

The new style JSA provisions apply from
1. the first day of the period in respect of which the UC claim is made or treated
as made (1) as in S8016 - S8023 or
2. the day on which the person becomes entitled to UC (2) as in S8024 - S8025.

1 WR Act 12 (Commencement No. 9 etc.) Order, art 4(3)(a); 2 art 4(3)(b)

S8013

[See ADM memo ADM 17 14] Where S8012 1. applies, where the time for making a claim for
1. UC is extended (1), the first day of the period is the first day of the extended
period (2)
2. JSA is extended (3), the first day of the period is the first day of the extended
period (4).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 26(2); 2 WR Act 12 (Commencement No. 9 etc.) Order, art 5(4)(a);

3 SS (C&P)Regs, reg 19 & Sch 4; 4 WR Act 12 (Commencement No. 9 etc.) Order, art 5(4)(b)

S8014 S8015

[See ADM memo ADM 17 14] An award of UC includes (1) any claim for JSA
1. where S8016 is not satisfied and
2. which is made, or is treated as made, during the period of the UC award
where, for a claim, S8015 is satisfied.

1 WR Act 12 (Commencement No. 9 etc.) Order, art 4(4)

S8015 S8014

[See ADM memo ADM 17 14] A claim, for the purposes of S8014, is one made, or treated
as made, for a period which begins on or after the date from which the new style
JSA provisions apply as in S8012 in respect of
1. where the award of UC is made in respect of a claim as in S8016 - S8023,
that claim and the award or
2. where the award of UC is made as in S8024 - S8025, the award (1).
1 WR Act 12 (Commencement No. 9 etc.) Order, art 4(5)

S8016 Claims for UC or JSA on or after 29.4.13 S8012 S8014 S8015 S8017

[See ADM memo ADM 17 14] The new style JSA provisions apply (1) from the first day of
the period of the claim where a person
1. makes a claim, or is treated as making a claim, for UC or JSA for a period on
or after a date detailed in the Appendix to ADM Chapter M1 (Pathfinder
Group - claims for UC) and
2. on the day on which the claim is made or treated as made
2.1 lives in a relevant district and
2.2 is in the Pathfinder Group.
When determining whether a person is in the Pathfinder Group, a claim for UC also
includes a claim for JSA (2).
Note: See S8004 for the meaning of Pathfinder Group.
1 WR Act 12 Commencement Orders; 2 WR Act (Commencement No. 9 etc.)

Order, art 5(2); UC (TP) Regs, Part 2, Chapter 2

S8017

[See ADM memo ADM 17 14] For the purposes of S8016
1. the guidance in DMG Chapter 02 applies (1) for deciding
1.1
whether a claim for JSA is made or treated as made and
1.2
the day on which the claim is made or treated as made (2) and
2. the guidance in ADM Chapter A2: Claims, applies (3) for deciding
2.1
whether a claim for UC is made or treated as made and
2.2
the day on which the claim is made or treated as made (4).
1 SS (C&P) Regs; 2 WR Act 12 (Commencement No. 9 etc.) Order, art 5(1);
3 UC, PIP, JSA & ESA (C&P) Regs; 4 WR Act 12 (Commencement No. 9 etc.) Order, art 5(2)

S8018 Claim for UC on or after 29.4.13 - claimant gives incorrect information S8019 S8041 S8131

The new style JSA provisions apply (1) from the first day of the period in respect of
which the UC claim is made, or treated as made, where
1. a person makes a claim, or is treated as making a claim, for UC for a period
on or after a date detailed in the Appendix to ADM Chapter M1 (Pathfinder
Group - claims for UC) and
2. the person
2.1 did not
2.1.a
live in a relevant district or
2.1.b
fall in the Pathfinder Group
on the day on which the claim is made and
2.2 gave incorrect information about
2.2.a
living in a relevant district or
2.2.b
being in the Pathfinder Group and
3. after
3.1 a decision has been made that the person is entitled to UC and
3.2 one or more payments have been made
the DM discovers that the person gave incorrect information (and
therefore the UC award continues because a payment has already
been made).
Note:
See S8004 for the meaning of Pathfinder Group.

1 WR Act 12 Commencement Orders

S8019

[See ADM memo ADM 17 14] For the purposes of S8018 the guidance in ADM Chapter
A2: Claims, applies (1) for deciding
1. whether a claim for UC is made or treated as made and
2. the day on which the claim is made or treated as made (2).
1 UC, PIP, JSA & ESA (C&P) Regs; 2 WR Act 12 (Commencement No. 9 etc.) Order, art 5(2)

S8020 Couple treated as making UC claim S8021 S8041 S8131

[See ADM memo ADM 17 14] The new style JSA provisions apply from the first day of the
period in respect of which the UC claim is made, or treated as made, where (1)
1. a single UC claimant forms a couple and, as a result, their UC award is ended
and
2. the other member of the couple was not entitled to UC as a single claimant
and
3. they are joint claimants.
Any old style JSA(Cont) becomes new style JSA and any old style JSA(IB) ends
from the start of the UC award.
Note: See ADM Chapter M1: Pathfinder Group - claims for UC, for full guidance on
couples treated as making UC claim.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 4(1) & (2)(c);

UC (TP) Regs, reg 3(4); UC, PIP, JSA & ESA (C&P) Regs, reg 9(8)

S8021

[See ADM memo ADM 17 14] For the purposes of S8020 the guidance in ADM Chapter
A2: Claims, applies (1) for deciding
1. whether a claim for UC is made or treated as made and
2. the day on which the claim is made or treated as made (2).
1 UC, PIP, JSA & ESA (C&P) Regs; 2 WR Act 12 (Commencement No. 9 etc.) Order, art 5(2)

S8022 Former joint claimants - UC claim required S8023 S8041 S8131

[See ADM memo ADM 17 14] The new style JSA provisions apply from the first day of the
period in respect of which the UC claim was made, or treated as made, where (1)
1. an award of UC to joint claimants terminates because they separate and
2. the claimant who is not exempt from the requirement to make a claim makes
a claim, or is treated as making a claim, for UC within one month, starting
from the date they notify the Secretary of State that they ceased to be a
couple.
Note: See ADM Chapter M1: Pathfinder Group - claims for UC, for full guidance on
when a UC claim is required from former joint claimants.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 4(1) & (2)(d);

UC (TP) Regs, reg 3(2); UC, PIP, JSA & ESA (C&P) Regs, reg 9(6)

S8023 S8012 S8015

[See ADM memo ADM 17 14] For the purposes of S8022 the guidance in ADM Chapter
A2: Claims, applies (1) for deciding
1. whether a claim for UC is made or treated as made and
2. the day on which the claim is made or treated as made (2).
1 UC, PIP, JSA & ESA (C&P) Regs; 2 WR Act 12 (Commencement No. 9 etc.) Order, art 5(2)

S8024 UC claim not required - earned income S8012 S8015 S8131

[See ADM memo ADM 17 14] The new style JSA provisions apply from the day on which
the person becomes entitled to UC where (1)
1. they are no longer entitled to UC solely due to the level of earned income, but
become entitled again within six months or
2. on a claim for UC, they are not entitled to UC solely due to the level of earned
income, but become entitled within six months.
Note: See ADM Chapter M1: Pathfinder Group - claims for UC, for full guidance on
when a UC claim is not required in these circumstances.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 4(1) & (2)(e); UC, PIP, JSA & ESA (C&P) Regs, reg 6

S8025 UC claim not required - former joint claimants S8012 S8015 S8131

[See ADM memo ADM 17 14] The new style JSA provisions apply from the day on which
the person becomes entitled to UC where (1)
1. a UC joint claim couple separates and the person
1.1 does not notify the change of circumstances or
1.2 notifies it after the other member of the couple has notified the change (2)
or
2. a joint award has ended because of the death of the other member of the
couple (3).
1 WR Act 12 (Commencement No. 9 etc.) Order, art 4(1) & (2)(f);
2 UC, PIP, JSA & ESA (C&P) Regs, reg 9(6) & (7); 3 reg 9(10)

[S8026-S8040]

S8041 Claimant moves out of relevant district or not in Pathfinder Group S8042 S8043 S8052 S8121

[See ADM memo ADM 17 14] Where
1. a person has or had a new style JSA award and
2. for any period of the new style JSA award the person
2.1 makes a claim, or is treated as making a claim, for UC or
2.2 applies for a supersession of the decision relating to the new style
award on the grounds of a relevant change of circumstances that
would have related to JSA(IB) and
3. the person would have been entitled to JSA(IB) and
4. the person does not have an award of UC for the period for which the
application for supersession is made and
5. S8018, S8020 or S8022 do not apply to any claim for UC and
6. on the day on which the claim is made or the application for supersession is
received, the person
6.1 does not live in a relevant district or
6.2 is not in the Pathfinder Group
the new style JSA provisions no longer apply from the first day of the period of the
claim for UC or application for supersession (1). Their new style JSA award will
become an old style JSA award.
Note:
See S8004 for the meaning of Pathfinder Group.

1 WR Act 12 (Commencement No. 9 etc.) Order, art 6(1) & (2)

S8042

For the purposes of S8041
1. the period in respect of which the application for supersession is made begins
with the day from which the superseding decision takes effect (1)
2. where the time for making a claim for UC is extended (2) the first day of the
period is the first day of the extended period (3).
1 WR Act 12 (Commencement No. 9 etc.) Order, art 6(4); SS Act 98, s 10(5); UC, PIP, JSA & ESA (D&A) Regs,
reg 35 & Sch 1; 2 UC, PIP, JSA & ESA (C&P) Regs, reg 26(2); 3 WR Act 12 (Commencement No. 9 etc.)

Order, art 6(5)

S8043

[See ADM memo ADM 17 14] For the purposes of S8041 6.
1. the guidance in ADM Chapter A2: Claims, applies (1) for deciding
1.1
whether a claim for UC is made or treated as made and
1.2
the day on which the claim is made or treated as made (2) and
2. when determining whether a person is in the Pathfinder Group, a claim for UC
also includes a claim for JSA (3).
1 UC, PIP, JSA & ESA (C&P) Regs; 2 WR Act 12 (Commencement No. 9 etc.)
Order, art 6(3)(a); 3 art 6(3)(b); UC (TP) Regs, Part 2, Chapter 2

[S8044-S8050]

S8051 Transition from old style JSA S8052 S8053 S8053 S8054 S8100

Where
1. a person makes, or is treated as making, a claim for new style JSA (1) or
2. a person
2.1 has an old style JSA award (as a single claimant or a joint-claim
couple) immediately before the appointed day in relation to a case of a
claim to or award of UC as specified in legislation (2) and
2.2 the old style JSA award consists of or includes a contribution-based
JSA (and so that allowance continues as a new style JSA award)
and in the circumstances set out in sub-paragraph 1. above, the condition in S8052
below is satisfied.

1 JS Act 95; WR Act 12, Sch 14, Part 1; 2 WR Act 12 (Commencement No. 9 etc.) Order, art 4(2)

S8052 S8051 S8053

The condition referred to in S8051 above is that the person previously
1. made or was treated as having made, a claim for old style JSA (as a single
claimant or a joint-claim couple)1 or
2. had a new style JSA award which became an old style award in the
circumstances described in S8041 (and so that allowance continued as an
old style JSA award).

1 JS Act 95

S8053

Where the guidance in paragraphs S8051 - S8052 applies
1. in the case of a claimant who is a victim of domestic violence, the provision in
ADM R4190.2 that the claimant must not have had the benefit of the
easement for 12 months prior to the date of notification applies also to
easements under old style JSA legislation (see DMG 21377 and DMG
21380)1
2. a claimant whose jobseeking period began under old style JSA legislation
and within the first 3 days, continued as such a period under new style JSA
legislation, does not have to serve waiting days (2)
3. for JSPs
3.1 the JSP as described in paragraph R1008 includes any period
described in DMG 210083 and
3.2 the days which count as days of entitlement to JSA in paragraph R1096et seq, also include those described in DMG 21096 et seq (4)
4. in ADM Chapter C3: Jobseekers Allowance, where a person who is
temporarily absent from GB had an old style JSA award as in paragraph S80512., any reference to entitlement to JSA shall include a reference to old
style JSA award (5)
5. where a person has commenced a short period of sickness under old style
JSA legislation, it continues to apply to that person where they move to new
style JSA as if it was a period referred to in new style JSA legislation (6). This
provision can only be applied twice in any jobseeking period (or 12 months
where the jobseeking period exceeds 12 months) whether under old or new
style legislation (7).
1 WR Act 12 (Commencement No. 9 etc) Order, art 12(3)(a); JSA Regs 13, reg 15(3)(b); JSA Regs 96, reg 14A(2) & (6); 2 WR Act (Commencement No. 9 etc) Order, art 12(3)(b); JSA Regs 13, reg 36(1); JSA Regs 96, reg 46(1)(a); 3 WR Act 12 (Commencement No. 9 etc) Order, art 12(3)(c)(i); JSA Regs 13, reg 37; JSA Regs 96, reg 47; 4 WR Act 12 (Commencement No. 9 etc) Order, art 12(3)(c)(ii); JSA Regs 13, reg 37(3); JSA Regs 96, reg 47(4); 5 WR Act 12 (Commencement No. 9 etc) Order, art 12(3)(d); JSA Regs 13, reg 41;

6 WR Act 12 (Commencement No. 9) Order, art 12(3)(e); JSA Regs, reg 55(1); 7 JSA Regs 13, reg 46(8)

S8054

Where paragraph S8051 applies, for the purpose of determining the duration of the
new style JSA award, any past periods of old style contribution-based JSA are
taken into account.1
1 WR Act 12 (Commencement No. 9 etc) Order, art 12(4); JS Act 95, s 5(1) & (2)

[S8055-S8070]

S8071 Transition from new style JSA S8072 S8073 S8073 S8074

Where a person (1)
1. makes, or is treated as making, a claim for old style JSA (whether or not as a
joint-claim couple)2 or
2. has a new style JSA award that continues as an old style JSA award (4)
and where sub-paragraph 1. above applies, the condition in ADM S8072 below is
satisfied.
1 WR Act 12 (Commencement No. 9 etc) Order, art 13(1); 2 JS Act 95; 3 WR Act 12, Sch 14, Part I; 4 WR Act 12

(Commencement No. 9 etc) Order, art 6(2)

S8072 S8071 S8073

The condition mentioned in ADM S8071 above is that (1)
1. the person previously made or was treated as having made, a claim for new
style JSA (2) or
2. the person previously
2.1 had an old style JSA award immediately before the appointed day in
respect of a claim for UC (3) or an award of UC (4) and
2.2 the old style JSA award consisted of or included a contributory ESA
and that allowance therefore continued as a new style JSA award.
1 WR Act 12 (Commencement No. 9 etc) Order, art 13(2); 2 WR Act 12, Sch 14, Part I;

3 WR Act 12 (Commencement No. 9 etc) Order, art 4(2)(a) - (d); 4 art 4(2)(e) or (f)

S8073 S8074

[See ADM memo ADM 17 14] Where the guidance in S8071 - S8072 applies
1. a claimant who is a victim of domestic violence can be treated as available for
employment under either the old or new style JSA legislation (see ADM R4180et seq, DMG 21378 & DMG 21381)1
2. a claimant whose jobseeking period began under new style JSA legislation
and within the first 3 days, continued as such a period under old style JSA
legislation, does not have to serve waiting days (2)
3. a jobseeking period (see DMG 21008)3
3.1 includes any period that forms a jobseeking period for the purposes of
new style JSA (4) and
3.2 any day that is to be treated as a day in respect of which the claimant
was entitled to contribution-based JSA (5) (see DMG 21097) shall include
a day that is to be treated as a day in respect of which the claimant
was entitled to new style JSA (6)
4. where a person who is temporarily absent from GB had a new style JSA
award as in S8071 2. above, the reference in new style JSA legislation (7) to
entitlement to JSA included a reference to the old style JSA award
5. where a person has commenced a short period of sickness under new style
JSA legislation, it continues to apply to that person where they move to old
style JSA as if it was a period referred to in old style JSA legislation (8). This
provision can only be applied twice in any jobseeking period (or 12 months
where the jobseeking period exceeds 12 months) whether under old or new
style legislation.
1 WR Act 12 (Commencement No. 9 etc) Order, art 13(3)(a); JSA Regs, reg 14A(3)(b); JSA Regs 13, reg 15; 2 WR Act 12 (Commencement No. 9 etc) Order, art 13(3)(b); JSA Regs, reg 46; 3 JSA Regs 13, reg 36(1); 4 JSA Regs, reg 47; 5 JSA Regs 13, reg 37; 6 JSA Regs, reg 47(4); JSA Regs 13, reg 37(3); 7 JSA Regs, reg 50(2)(b), (3)(a) & (c), (5)(a) & (c), (6AA)(a) & (6D)(b);

8 WR Act 12 (Commencement No. 9 etc) Order, art 13(3)(e); JSA Regs 13, reg 46(1); JSA Regs, reg 55

S8074

Where the guidance in S8071 - S8073 applies, the old style JSA legislation is to be
read as if the reference to contribution based JSA includes a reference to a new
style JSA award (1).
1 WR Act 12 (Commencement No. 9 etc) Order, art 13(4); JS Act 95, s 5(1) & (2)

[S8075-S8090]

Sanctions

S8091 Transition from old style JSA for a new award S8092 S8112 S8112 S8112 S8113

Where (1)
1. a person is entitled to a new style JSA award and they were previously
entitled to an old style JSA award that was not in existence immediately
before the first day on which the person in question is entitled to the new style
JSA award and
2. immediately before that old style award terminated, payments were reduced
as a result of a sanction (both pre and post sanction legislation changes (2))
being imposed and
3. the old style JSA award was to a joint-claim couple and the sanction (both pre
and post sanction legislation changes) was in respect of just one member of
the couple and the new style JSA award was made to that member
the guidance in S8092 to S8094 below applies.

1 WR Act 12 (Commencement No. 9 etc.) Order, art 17(1); 2 JS Act 95, s 19 (pre & post 22.10.12 versions)

S8092 S8091

Where the circumstances in S8091 above are satisfied (1)
1. the reasons which led to a sanction being imposed on the old style JSA
award ("the relevant failure") is to be treated, for the purposes of new style
JSA legislation (2), as
1.1
a failure which is sanctionable as a higher level sanction (3) or
1.2
a failure which is sanctionable as an other sanction (4)
2. the award of new style JSA is to be reduced in relation to the relevant failure
as in paragraph S8093 below (5) and
3. the reduction is to be treated for the purposes of the new style JSA legislation
as a reduction under higher level or other level sanctions (6).
1 WR Act 12 (Commencement No. 9 etc.) Order, art 17(2); 2 JSA Regs 13; 3 JS Act 95, s 6J & 19;

4 s 6K & 19A; JSA Regs, reg 69B; 5 JSA Regs 13, Part 3; 6 JS Act 95, s 6K

S8093 S8092

The reduction period for the purposes of the new style JSA legislation (1) is to be the
number of days which is equivalent to the length of the period of reduction of JSA
which is applicable to the person subject to a higher level sanction (2), other level
sanction (3) or to a person who ceases to be available (4), minus
1. the number of days (if any) in that period in respect of which the amount of
old style JSA was reduced and
2. the number of days (if any) in the period starting with the day after the day on
which the old style JSA award terminated and ending with the day before the
first day on which the person is entitled to a new style JSA award.

1 WR Act 12 (Commencement No. 9 etc.) Order, art 17(3); 2 JSA Regs, reg 69; 3 reg 69A; 4 reg 69B

S8094 S8091

In the case of a new style JSA award where there is a transition from an old style
JSA award, this guidance shall be substituted (1) for that in ADM Chapter S4: JSA
Sanctions - General principles, at paragraphs S4026-27 and S4030-31.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 17(4)

[S8095-S8099]

S8100 Transition from old style JSA for a continuing award S8101

Where (1)
1. amending provisions have come into force as in paragraph S8051 above in
relation to a claim for UC (2)
2. the person in question had an old style JSA award immediately before the
appointed day and that award consisted of or included a contribution based
allowance (which therefore continues as a new style JSA award)
3. immediately before the appointed day, payments under that award were
reduced due to
3.1 pre 22.10.12 - circumstances in which JSA is not payable or post
22.10.12 - a higher level sanction (3) or
3.2 other sanctions (4) or
3.3 claimant ceases to be available (5) and
4. if the old style JSA award was made to a joint-claim couple (6) and the
reduction related to
4.1 circumstances in which JSA is not payable for one member of the joint-
claim couple (7) or
4.2 a higher level sanction in respect of one member of a joint-claim
couple (8)
the new style JSA award was made to that member of the couple the
guidance in paragraphs S8101 - S8103 below will apply.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 18(1); 2 art 4(1); art 4(2)(b) - (fe); 3 JS Act 95, s 19; 4 s 19A; 5 JSA Regs, reg 69B; 6 JS Act s 1(4);

7 JSA Regs, reg 19 (pre 22.10.12); 8 reg 19 (post 22.10.12)

S8101 S8100

Where the circumstances in S8100 above are satisfied (1)
1. the reasons which led to the reduction of the old style JSA award ("the
relevant failure") is to be treated for the purposes of the new style JSA
legislation (2) as
1.1
a failure which is sanctionable as a higher level sanction (3) or
1.2
a failure which is sanctionable as an other sanction (4)
2. the award (in its continuation as a new style JSA award) is to be reduced in
relation to the relevant failure (5) as in paragraph S8102 below and
3. the reduction is to be treated for the purposes of the new style JSA legislation
as a reduction under higher level or other sanctions (6).
1 WR Act 12 (Commencement No. 9 etc.) Order, art 18(2); 2 JSA Regs 13; 3 JS Act 95, s 6J;

4 s 6K;JSA Regs, reg 69B; 5 JSA Regs 13, Part 3; 6 JS Act 95, s 6J & 6K

S8102 S8101

The reduction period for the purposes of the new style JSA legislation (1) is to be the
number of days which is equivalent to the length of the period of reduction of JSA
which is applicable to the person subject to a higher level sanction (2), other level
sanction (3) or to a person who ceases to be available (4), minus the number of days (if
any) in that period in respect of which the amount of JSA was reduced.

1 WR Act 12 (Commencement No. 9 etc.) Order, art 18(3); 2 JSA Regs, reg 69; 3 reg 69A; 4 reg 69B

S8103 S8100 S8112 S8112 S8112 S8113

In the case of a new style JSA award where there is a transition from an old style
JSA award, this guidance shall be substituted (1) for that in ADM Chapter S4: JSA
Sanctions - General principles, at paragraphs S4026-27 and S4030-31.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 18(4)

[S8104-S8110]

Escalation of sanctions

S8111 Transition from old style JSA S8112

The following guidance applies where (1)
1. a person is entitled to a new style JSA award and
2. at any time previously the person was entitled to an old style JSA award.

1 WR Act 12 (Commencement No. 9 etc.) Order, art 19(1)

S8112 S8113

Where the paragraph S8111 above applies (1), for the purposes of determining the
relevant reduction period (high, medium or low level sanction) in relation to a
sanctionable failure by the person other than a failure which is treated as
sanctionable as set out in paragraphs S8091 - S8103 above
1. a reduction of a new style JSA award as in S8091 - S8103 above and
2. a reduction of an old style JSA award due to
2.1 pre 22.10.12 - circumstances in which JSA is not payable or post
22.10.12 - a higher level sanction (2) or
2.2 other sanctions (3) or
2.3
claimant ceases to be available (4)
which did not result in a reduction as in S8091 - S8103 above (5)
is (subject to S8113 below) 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 the old style JSA legislation on sanctions.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 19(2); 2 JS Act 95, s 19 (pre and post 22.10.12);

3 s 19A; 4 JSA Regs, reg 69B; 5 WR Act 12 (Commencement No. 9 etc.) Order, art 17 & 18

S8113 S8112

When calculating a reduction period (1) above for higher-level, medium-level or low-
level sanctions under new style JSA (2) in accordance with S8112 above, no account
is to be taken of
1. a reduction of a new style JSA award as in S8091 - S8103 above (3), if at any
time after that reduction, the person was entitled to an old style JSA award,
an old style ESA award or IS
2. a reduction of an old style JSA award due to
2.1 pre 22.10.12 - circumstances in which JSA is not payable or post
22.10.12 - a higher level sanction (4) or
2.2 other sanctions (5) or
2.3 claimant ceases to be available (6)
if, at any time after that reduction the person was entitled to UC, 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 IS.
1 WR Act 12 (Commencement No. 9 etc.) Order, art 19(3); 2 JSA Regs 13, reg 19, 20 & 21; 3 WR Act 12 (Commencement No. 9 etc.) Order, art 17 & 18; 4 JS Act 95, s 19 (pre and post 22.10.12); 5 s 19A; 6 JSA Regs, reg 69B

[S8114-S8120]

S8121 Termination of new style JSA sanctions S8122

S8122 applies where
1. a new style JSA award ends while there is an outstanding reduction period (1)
and during that period the claimant becomes entitled to an old style JSA
award or IS (2) or
2. a new style JSA award continues as an old style JSA award where a claimant
2.1 does not live in a relevant district or
2.2 is not in the Pathfinder Group
in accordance with S8041 and there is an outstanding reduction period on the
last day of entitlement to new style JSA (3).

1 JSA Regs 13, reg 23; 2 WR Act 12 (Commencement No. 9 etc.) Order, art 20(1)(a); 3 art 20(1)(b)

S8122 S8121

For the purposes of S8121 the new style JSA reduction period (1) will
1. no longer apply and
2. end on the first day of an old style JSA award (2).
1 JSA Regs 13, reg 23; 2 WR Act 12 (Commencement No. 9 etc.) Order, art 20(2)

[S8123-S8130]

S8131 Appeals S8132

S8132 applies where
1. a UC
1.1 claim
1.1.a is made on or after 29.4.13 and the claimant gives incorrect
information in accordance with S8018 or
1.1.b is treated as made by a couple in accordance with S8020 or
1.1.c is required from former joint claimants in accordance with S8022or
1.2 award is made where a claim is not required in accordance with S8024
or S8025 and
2. the claimant is notified of a new style JSA decision and
3. the date of notification of the decision is before 28.10.131.

1 WR Act 12 (Commencement No. 9 etc.) Order, art 21(1)

S8132 S8131

Where S8131 applies there are transitional provisions for
1. late appeals and
2. the making of an appeal and
3. appeal outstanding at appellant's death (1).
1 WR Act 12 (Commencement No. 9 etc.) Order, art 21(2) & (3)

[S8133-S8999]