Section 11J — Welfare Reform Act 2012: Sanctions

Sanctions 11J 1 The amount of an award of an employment and support allowance is to be reduced in accordance with this section in the event of a failure by a person which is sanctionable under this section.

2 It is a failure sanctionable under this section if a person—

a fails for no good reason to comply with a work-related requirement;

b fails for no good reason to comply with a requirement under section 11G.

3 Regulations are to specify—

a the amount of a reduction under this section, and b the period for which such a reduction has effect.

4 Regulations under subsection (3)(b) may provide that a reduction under this section in relation to any failure is to have effect for—

a a period continuing until the person meets a compliance condition specified by the Secretary of State, b a fixed period not exceeding 26 weeks which is—

i specified in the regulations, or ii determined in any case by the Secretary of State, or c a combination of both.

5 In subsection (4)(a) “ compliance condition ” means—

a a condition that the failure ceases, or b a condition relating to future compliance with a work-related requirement or a requirement under section 11G.

6 A compliance condition specified under subsection (4)(a) may be—

a revoked or varied by the Secretary of State;

b notified to the person in such manner as the Secretary of State may determine.

7 A period fixed under subsection (4)(b) may in particular depend on either or both the following—

a the number of failures by the person sanctionable under this section;

b the period between such failures.

8 Regulations may provide—

a for cases in which no reduction is to be made under this section;

b for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

c for the termination or suspension of a reduction under this section.