When the sanction is imposed
Sanctions can only be imposed five working days after the young person has been notified by text message (where they have consented to receive information from us in this way) or in a letter about their activity obligations failure. This is called the 5 working day notice period.
Note that if a young person recomplies within the initial 5 working day notice period their benefit is not sanctioned but the activity obligations failure is counted.
How to count the '5 working day notice' period
The 5 working day notice period is counted from the date after the activity obligations text message (where the young person has consented to receive information from us in this way) or letter has been sent to the young person, to allow for posting and delivery of the letter.
The five working day notice period excludes weekends, public holidays, or the period 25 December to 15 January each year.
The tables below provide an example of how to count the notice period.
Day 0 | Tuesday | Automatic failure in CMS occurs overnight |
Day 0 | Wednesday | An activity obligations failure text message or letter is sent |
Day 1 | Thursday | 5 working days' notice period begins |
Weekend | Saturday-Sunday | |
Day 3 | Monday | 5 working days' notice period continues |
Day 6 | Thursday | Benefit sanction occurs in SWIFTT |
Legislation
- Procedure for imposing sanction sections 252-253 and section 256 Social Security Act 2018
- working day (definition) schedule 2 Social Security Act 2018
