Disputes and reviews of an obligations failure
A client or partner has the right to dispute or review if they disagree with any decision relating to:
- an obligations failure or
- a sanction being imposed or
- the type of sanction being imposed
A client or partner can do this by:
- disputing the decision or
- lodging a formal Review of Decision
- lodging an appeal to the Medical Appeals Board (drug test failure only)
A Review of Decision or appeal to the Medical Appeals Board can be lodged at any stage, within three months of the obligations failure being initiated, or within three months of the sanction being imposed.
If a client or partner disputes their obligations failure or sanction more than 20 working days after it is initiated or imposed, MSD must advise the client or partner to lodge a formal Review of Decision or an appeal to the Medical Appeals Board (drug test failure only) in writing.
For more information see:
Legislation
- MSD must make people affected aware of their obligations, consequences of non-compliance, and their review and appeal rights section 106 Social Security Act 2018
- Decision under specified social assistance enactments section 397 Social Security Act 2018
- Appeal must be begun within 60 working days of notification or further allowed period section 400 Social Security Act 2018
- Reviews by benefit review committee Part 7, subpart 2 Social Security Act 2018
- Appeals to medical board Part 7, subpart 5 Social Security Act 2018
