Section 19A — Welfare Reform Act 2012: Other sanctions

Other sanctions 19A 1 The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.

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

a without a good reason fails to comply with regulations under section 8(1) or (1A);

b without a good reason fails to comply with regulations under section 17A;

c without a good reason refuses or fails to carry out a jobseeker's direction which was reasonable having regard to his circumstances;

d without a good reason neglects to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;

e without a good reason refuses or fails to apply for, or accept if offered, a place on such a scheme or programme which an employment officer has informed him is vacant or about to become vacant;

f without a good reason gives up a place on such a scheme or programme or fails to attend such a scheme or programme having been given a place on it;

g through misconduct loses a place on such a scheme or programme.

3 But a failure is not sanctionable under this section if it is also sanctionable under section 19.

4 Regulations are to provide for—

a the amount of a reduction under this section;

b the period for which such a reduction has effect.

5 Regulations under subsection (4)(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 claimant 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.

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

a a condition that the failure ceases, or b a condition relating to—

i future compliance with a jobseeker's direction or any requirement imposed under section 8(1) or (1A) or 17A of this Act, or ii future avoidance of the failures referred to in subsection (2)(d) to (g).

7 A compliance condition specified under subsection (5)(a) may be—

a revoked or varied by the Secretary of State;

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

8 The period fixed under subsection (5)(b) may in particular depend on either or both of the following—

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

b the period between such failures.

9 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.

10 During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.

11 In this section—

a “ jobseeker's direction ” means a direction given by an employment officer (in such manner as he thinks fit) with a view to achieving one or both of the following—

i assisting the claimant to find employment;

ii improving the claimant's prospects of being employed;

b “training scheme“ and “employment programme” have such meaning as may be prescribed.