Informing a partner of the drug test obligation failure
Once MSD has decided that the partner has failed a drug test work obligations, MSD must initiate an obligations failure. The partner will then be sent a letter stating that their benefit will be sanctioned and that their benefit will only be increased, restarted, regranted, or continued if they:
- complete a recompliance activity
- dispute the decision to impose the sanction and MSD accepts that they have a good and sufficient reason for not meeting their work obligations or
- lodge a Review of Decision and MSD reconsiders their position and agrees with the partner's review
For some partners, if it's their first obligation failure they may be eligible for a non-financial sanction instead of a financial sanction. For more information see: Non-financial sanctions.
Recompliance for a drug test work obligation failure
Partners may have their benefit increased or restarted from the date they start a drug test failure recompliance activity.
For more information see:
Legislation
- Specific obligations: work-test obligations part 3, subpart 3 section 144 and 146-149 Social Security Act 2018
- Requirements for drug test regulation 86 Social Security Regulations 2018
- Obligations section 119, section 126, section 136, sections 153-154, section 161 and section 233 Social Security Act 2018
