Failing more than one obligation at the same time
If a client fails more than one obligation or activity at the same time and does not have a good and sufficient reason for one or more of the failures, the failures are counted as one failure.
However, the client will need to recomply with all the failures before the sanction can be lifted.
Note Money Management is the only non-financial sanction that can be imposed when a client has failed more than one obligation at the same time at grade 1. A client must resolve all of these failures during the 4-week Money Management period in order to recomply.
For grade 1 and 2 failures, if the client successfully disputes one of the failures, the sanction imposed will remain until they recomply with any remaining failures initiated at the same time.
This policy only applies to the first and second time a client fails their obligations in a 24 month period, or 12-month period if the client has youth activity obligations.
For grade 3 failures, a client will need to complete one six-week approved activity or programme of activities (if they wish to recomply).
Initiating the failures on the same day
The obligations or activities that the client has not complied with can be over a recent period (eg within the last 5 days) or they may not have been complied with all on the same day. However, the client can only be required to recomply with failures that are initiated on the same day.
As soon as MSD is aware that a client has failed their obligations without a good and sufficient reason, MSD must initiate an obligations failure – it cannot be delayed.
For more information see:
Legislation
- Procedure for imposing sanction sections 252-253 and section 256 Social Security Act 2018
- Person who fails to comply with requirement to undergo work ability assessment is subject to sanction section 119 Social Security Act 2018
- Person who fails to comply with obligations in relation to dependent children is subject to sanction section 136 Social Security Act 2018
- Person who fails to comply with requirement under section 170(2) subject to sanction section 171 Social Security Act 2018
- Obligations that carry sanction for failure to comply section 233
- Notice relates to single failure section 253 Social Security Act 2018
- How number of failures is counted sections 240-242 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
