Sanctions for a couple without dependent children - both fail their obligations
Grade 1 sanction
If both partners fail their obligations for the first time, each person's portion of the benefit is reduced by 50%, unless they have a non-financial sanction imposed.
For more information on non-financial sanctions see:
The couple will continue to get a total of 50% of the married rate.
While their benefit is reduced, the couple can continue to get supplementary assistance. Winter Energy Payment can continue to be paid as the client is still getting a qualifying benefit.
If either partner has not recomplied within 4 weeks, they will have their portion of the benefit and supplementary assistance suspended. Winter Energy Payment cannot continue to be paid to the client who has not recomplied as they are not getting a qualifying benefit.
Their benefit will remain suspended until they recomply or their portion of the benefit is automatically cancelled after 13 weeks.
Note if a client has more than one obligation failure initiated on the same day, only one sanction can be imposed on the client. For the sanction to be lifted, the client must successfully dispute or recomply with all the obligation failures initiated on the same day.
Grade 2 sanction
If both partners fail their obligations for the second time, each person's portion of the benefit is suspended.
While the benefit is suspended, the couple's supplementary assistance is also suspended. Winter Energy Payment cannot continue to be paid as they are not getting a qualifying benefit.
Their benefit will remain suspended until they recomply or their portion of the benefit is automatically cancelled after 13 weeks.
Note if a client has more than one obligation failure initiated on the same day, only one sanction can be imposed on the client. For the sanction to be lifted, the client must successfully dispute or recomply with all the obligation failures initiated on the same day.
Grade 3 sanction
If both partners fail their obligations for a third time, each person's portion of the benefit is cancelled. They have a non-entitlement period for a period of 13 weeks. The client may get a provisional benefit if they start a 6 week approved activity or programme of activities.
If they have not started a 6-week approved activity or programme of activities, they may reapply at the end of the non-entitlement period to get a benefit.
When the client's benefit is cancelled, supplementary assistance is also cancelled. Winter Energy Payment cannot continue to be paid as they are not getting a qualifying benefit.
Young partners
The effect of a sanction on a young partner's assistance depends on whether the client has children and is youth money managed or not.
For more information see:
Legislation
- How non-entitlement period, etc, affects supplementary benefits, and spouse or partner section 230 Social Security Act 2018
- Hierarchy of sanctions sections 236 - 239 Social Security Act 2018
- Variation for failure to comply with work-test obligation to accept offer of suitable employment section 244 Social Security Act 2018
- Notice relates to single failure section 253 Social Security Act 2018
