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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.
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(3) This paragraph applies where— the claimant is receiving and participating in a structured, recovery-orientated, course of alcohol or drug dependency treatment, for a period of up to six months (where the course is for more than six months, this sub-paragraph only applies for the first six months);the claimant is a person for whom arrangements have been made by a protection provider under section 82 of the Serious Organised Crime and Police Act 2005(34), for a period of up to three months (where the arrangements are for more than three months, this sub-paragraph only applies for the first three months).
(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.
(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.
(5) In the case of a claimant who is a relevant carer or a responsible carer or has a physical or mental impairment, a work search and work availability requirement must be limited to the number of hours that is determined to be the claimant’s expected number of hours per week in accordance with regulation 9(2).
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a requirement imposed on that claimant under sections 6 to 6G of the Act ceases to have effect for a period of 13 consecutive weeks starting on the date of the notification referred to in paragraph (3)(a); andthe claimant notifies the Secretary of State, in such manner as the Secretary of State specifies, that domestic violence has been inflicted on or threatened against the claimant by a person specified in paragraph (4) during the period of six months ending on the date of the notification;the claimant’s circumstances are consistent with those of a person who has had domestic violence inflicted on or threatened against them during the period of six months ending on the date of the notification; andthe claimant’s grandparent, grandchild, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, step-brother, brother-in-law, sister, step-sister or sister-in-law; or (5) In this regulation— “domestic violence” means abuse of a kind specified on page 11 of section 2.2 of ‘Responding to domestic abuse: a handbook for health professionals’ published by the Department of Health in December 2005(32); “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(33); “person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the claimant’s employer, a representative of the claimant’s trade union or any public, voluntary or charitable body which has had direct contact with the claimant in connection with domestic violence; “registered social worker” means a person registered as a social worker in a register maintained by— “able and willing immediately to take up work” under a work availability requirement means able and willing to take up paid work, or attend an interview, immediately once the circumstances set out in paragraph (3), (4) or (5) no longer apply.