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Emergency Maintenance Allowance : Contents

Good and sufficient reason before initiating an obligations failure

You need to be satisfied that the client does not have a good and sufficient reason for failing to meet their obligations, based on the information you have, before you initiate an obligations failure.

The guiding principle in determining 'good and sufficient' reason is one of 'reasonableness'. Having considered the circumstances, was it reasonable for the client not to have met their obligations?

For social obligations you will need to assess whether the client is taking all reasonable steps to meet all of their social obligations for each dependent child.

Good and sufficient reasons will depend on the obligation the client has failed. For more information see:

Decide in favour of the client if any doubt remains.

If you are aware that the client has a good and sufficient reason, do not initiate an obligations failure.

If the client does not have a good and sufficient reason, see:

Disputing the obligations failure

A client can dispute the decision to initiate the obligations failure or the sanction.

For more information see:

Legislation

  • 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 work-preparation obligation subject to sanction section 126 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
  • Specific obligations: work-test obligations sections 153-154 Social Security Act 2018
  • Person who fails to comply with requirement to attend interview is subject to sanction section 161 Social Security Act 2018
  • Obligations that carry sanction for failure to comply section 233 Social Security Act 2018
  • Good and sufficient reason for non-compliance sections 249-251 Social Security Act 2018
  • Exclusion of sanction if failure is subject of prosecution under Education and Training Act 2020 section 243 Social Security Act 2018
  • Breach of obligation in relation to dependent children: additional steps before notice may be given section 255 Social Security Act 2018
  • Case management support for beneficiary in breach of obligation in relation to dependent children section 267 Social Security Act 2018
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