Unable to recomply
A client or partner, who has a sanction or a 13 week non-entitlement period, may not need to complete a recompliance activity if:
- they meet the criteria for a full exemption from their work obligations or
- they qualify for a benefit that does not have the obligations to which they must recomply
Note social obligations are applied when a client or partner has a dependent child and are applied to all main benefits. This includes all clients who do not have work obligations, work preparation obligations or an exemption.
If a client or partner has a 13 week non-entitlement period, and is unable to complete the six week activity or programme of suitable activities, you cannot recover the provisional benefit if they do not complete the activity because they meet the criteria for a full exemption from their work obligations.
Example
A partner who has a sanction who develops a health condition or becomes, injured or disabled, and meets the criteria for the exemption 'would qualify for Jobseeker Support - health condition, injury or disability'. They are unable to complete a recompliance activity.
In this situation you should add the exemption reason in SWIFTT, and follow the disputes process (so that the benefit can be resumed). Also consider the person's eligibility for Emergency Benefit on the ground of health condition, injury or disability.
For details of the requirements for a client or partner who has a health condition, injury or disability see:
Legislation
- Exemption for work test obligations: all work-tested beneficiaries regulation 101 Social Security Regulations 2018
- Exemption from work test obligations: work-tested spouses or partners regulation 102 Social Security Regulations 2018
- Factors affecting benefit: voluntary unemployment or loss of employment through misconduct sections 225 - 229 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
- Recompliance sections 261 - 263 Social Security Act 2018
- Work-tested benefit of applicant subject to non-entitlement period section 314 Social Security Act 2018
- Effect of no longer being subject to work-test or young person obligations section 320 Social Security Act 2018
- Effect of employment on non-entitlement period section 323 Social Security Act 2018
- Effect of participation in certain activities on non-entitlement period section 324 Social Security Act 2018
