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Backdating attendance allowance

the Secretary of State is satisfied that the claimant has taken all reasonable action for the purpose of obtaining paid work despite the number of hours that the claimant spends taking such action being lower than the expected number of hours per week; and (3) For the purpose of paragraph (2)(b) the time agreed by the Secretary of State for the claimant to carry out voluntary work must not exceed 50% of the claimant’s expected number of hours per week.(2) A claimant is to be treated as having complied with a work availability requirement despite not being able immediately to take up paid work, if paragraph (3), (4) or (5) applies.

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—(1) For the purposes of section 1(2)(b) of the Act(28), a claimant who has accepted a claimant commitment within such period after making a claim for a jobseeker’s allowance as the Secretary of State specifies is to be treated as having accepted that claimant commitment on the first day of the period in respect of which the claim is made.(3) This paragraph applies where— the Secretary of State is satisfied that as a consequence the claimant needs a period of up to one month to take up paid work, or up to 48 hours to attend an interview in connection with obtaining paid work, taking into account alternative care arrangements; andthe Secretary of State is satisfied that as a consequence the claimant needs a period of up to one week to take up paid work, or up to 48 hours to attend an interview in connection with obtaining paid work; and—(1) Paragraphs (2) to (5) set out the limitations on a work search requirement and a work availability requirement.(2) A work search requirement and a work availability requirement must be limited to work that is in a location which would normally take the claimant— (3) Where a claimant has previously carried out work of a particular nature, or at a particular level of remuneration, a work search requirement and a work availability requirement must be limited to work of a similar nature, or level of remuneration, for such period as the Secretary of State considers appropriate; but (4) Where a claimant has a physical or mental impairment that has a substantial adverse effect on the claimant’s ability to carry out work of a particular nature, or in particular locations, a work search requirement or work availability requirement must not relate to work of such a nature or in such locations.(3) Where the sanctionable failure for which a reduction period is to be determined is a pre-claim failure, the reduction period is the lesser of— where the sanctionable failure relates to paid work that was due to last for a limited period, the period beginning with the day after the date of the sanctionable failure and ending with the last day of the limited period,—(1) The reduction period for a low-level sanction is the total of the number of days referred to in paragraphs (2) and (3).(2) The number of days beginning with the date of the sanctionable failure and ending with— where the claimant has been paid a jobseeker’s allowance for the benefit week referred to in paragraph (a), the first day of the first benefit week for which the claimant has not been paid a jobseeker’s allowance; orwhere the amount of the award of the jobseeker’s allowance for the benefit week referred to in paragraph (a) or (b) is already subject to a reduction because of a previous sanctionable failure, the first day of the first benefit week in respect of which the amount of the award is no longer subject to that the claimant becomes entitled to a new award of a jobseeker’s allowance before the period expires, that new award is subject to a reduction for the remainder of the total outstanding reduction award of a jobseeker’s allowance terminates before the Secretary of State determines that the amount of the award is to be reduced in accordance with section 6J or 6K of the Act in relation to a sanctionable failure; and—(1) A reduction in the amount of an award of a jobseeker’s allowance in accordance with section 6J or 6K of the Act is to be suspended for any period during which section 6B or 7 of the Social Security Fraud Act 2001(38) applies to the award.(2) The reduction ceases to have effect on the day on which that period begins and has effect again on the day after that period ends.

—(1) A reduction in the amount of an award of a jobseeker’s allowance in accordance with section 6J or 6K of the Act is to be terminated where, since the date of the most recent sanctionable failure which gave rise to such a reduction, the claimant has been in paid work— (3) The claimant is in paid work for the purposes of paragraph (1) where their weekly earnings are at least equal to their expected number of hours per week calculated under regulation 9 multiplied by the national minimum wage which would apply for a person of the claimant’s age under the National Minimum Wage Regulations 1999(39).

(4) This paragraph applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement, including if such a requirement were limited in accordance with section 6D(4) of the Act, because the claimant— for any further days when they are unfit for work, a statement given by a doctor in accordance with the rules set out in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976(35) which advises that the person is not fit for work.

For the purposes of this Part— “ESA sanctionable failure” means a failure by a claimant which is sanctionable under section 11J of the Welfare Reform Act 2007; “higher-level sanction” means a reduction of a jobseeker’s allowance in accordance with section 6J of the Act; “low-level sanction” means a reduction of a jobseeker’s allowance in accordance with section 6K of the Act for a sanctionable failure by the claimant to comply with— “pre-claim failure” means a sanctionable failure listed in section 6J(3) of the Act; “reduction period” means the number of days for which a reduction in the amount of an award of a jobseeker’s allowance is to have effect; “sanctionable failure” means a failure by a claimant which is sanctionable under section 6J or 6K of the Act; “total outstanding reduction period” means the total number of days for which no reduction has yet been applied for all of the claimant’s higher-level sanctions, medium-level sanctions, low-level sanctions and reductions to which regulation 30 applies; “UC sanctionable failure” means a failure by a claimant which is sanctionable under section 26 or 27 of the Welfare Reform Act 2012.

Where it has been determined that an award of a jobseeker’s allowance is to be reduced in accordance with section 6J or 6K of the Act, the amount of the reduction for each benefit week in respect of which a reduction has effect is to be calculated as follows.

Step 1 Take the number of days— and deduct any days in that benefit week or total outstanding reduction period for which the reduction is suspended in accordance with regulation 24.

the sanctionable failure is listed in section 6J(2)(b) or (c) of the Act (failure to apply for a vacancy for paid work or failure to take up an offer of paid work) and the vacancy has arisen because of a strike arising from a trade dispute;the sanctionable failure is listed in section 6J(3) of the Act (failures that occur before a claim is made) and the period of the reduction that would otherwise apply under regulation 19 is the same as or shorter than the number of days beginning with the day after the date of the sanctionable failure and ending with the day before the date of that claim;the sanctionable failure is that the claimant voluntarily ceases paid work as a member of the regular forces or the reserve forces (within the meanings in section 374 of the Armed Forces Act 2006(40)), or loses pay in that capacity; or (2) In this regulation— “redundancy” has the same meaning as in section 139(1) of the Employment Rights Act 1996; “strike” has the same meaning as in section 246 of the Trade Union and Labour Relations (Consolidation) Act 1992(41); “trade dispute” has the same meaning as in section 244 of that Act.