Review of decision for pre-benefit requirements
Whether a client can request a review of decision about their pre-benefit requirements depends on which aspect of the pre-benefit requirements they wish to review.
Assigned pre-benefit activity
A client can request a review of the decision to assign a pre-benefit activity. In these cases, while the review of decision is being decided, MSD would proceed with the application process. If the client does not complete the assigned pre-benefit activity within 20 working days of their date of first contact, the application for benefit would lapse on the 21st working day. If the client still wishes to apply for a benefit, they will need to re-start the application process and re-establish their eligibility.
A Benefit Review Committee cannot change the 20 working day rule of the application process. The client should be advised that the review may not be completed within 20 working days of the date of first contact, and the application for benefit will still lapse on the 21st working day.
Mandatory Jobseeker Profile
If a client is applying for a benefit that requires a Jobseeker Profile to be completed before benefit can be granted, a client can apply for a review if they consider it is not reasonable for them to complete it and MSD has decided not to revoke the requirement.
In these cases, while the review of decision is being decided, MSD would proceed with the application process. If the client does not complete the Jobseeker Profile within 20 working days of their date of first contact, the application for benefit would lapse on the 21st working day. If the client still wishes to apply for a benefit, they will need to re-start the application process and re-establish their eligibility.
A Benefit Review Committee cannot change the 20 working day rule of the application process. The client should be advised that the review may not be completed within 20 working days of the date of first contact, and the application for benefit will still lapse on the 21st working day.
Client does not complete a pre-benefit activity or mandatory Jobseeker Profile
A client cannot request a review of decision where their application for benefit has lapsed because they have not completed their pre-benefit activity or mandatory Jobseeker Profile within 20 working days from their date of first contact.
There are no good and sufficient reasons for failure to complete an assigned pre-benefit activity or mandatory Jobseeker Profile and the 20 working day period cannot be extended to allow the client more time to complete it.
Interview or offer of suitable employment
A client can request a review of the decision to decline their application for benefit or to cancel a benefit already granted for a failure to comply with a request to attend an interview for or accept an offer of suitable employment.
For more information see:
- Pre-benefit activity requirements for clients
- Core policy Reviews and Appeals
- Request for financial assistance [no link find out why] procedures
Legislation
- Requirement to have completed jobseeker profile section 183A Social Security Act 2018
- Regulations may prescribe pre-benefit activities section 184 Social Security Act 2018
- Who can MSD require to undertake activities? regulation 109 Social Security Regulations 2018
- Requirements related to activities regulation 110 Social Security Regulations 2018
