Welfare Reform Act 2007

[F111JSanctionsE+W+S

This section has no associated Explanatory Notes

(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.]

Textual Amendments

F1Ss. 11-11K substituted for ss. 11-16 (25.2.2013 for specified purposes, 29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 57(2), 150(3); S.I. 2013/358, art. 2(1), Sch. 1 para. 12; S.I. 2013/983, art. 7(1)(d) (with art. 7(3)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)