Determining when a client became non-compliant
When a client fails to complete Upskilling without a good and sufficient reason, MSD must determine from which point the client was non-compliant.
The client's benefit will be suspended or reduced from the first day of the week that MSD determines a client was non-compliant.
The start of each week is based on when Upskilling was imposed. This means the week may not begin on a Monday.
For example, if a client's Upskilling is imposed on a Wednesday, the beginning of the week for the sanction will be Wednesday.
Client engaged initially and then stopped
A client may engage with Upskilling for a period of time and then fail to meet the requirements before their Upskilling has ended.
In this case, MSD will consider that a client was non-compliant from first day of the week in which a client stopped meeting the requirements.
Example
Nami failed a work obligation and MSD imposed Upskilling as a non-financial sanction. In the third week of her sanction period, she does not participate in or report on at least 5 hours of her employment-related training or course. Her benefit is automatically stopped.
She contacts MSD says she did not participate as she forgot to attend the course and report the hours.
MSD is satisfied that Nami was complying with the requirements of Upskilling in weeks 1 and 2, but she was no longer compliant in week 3. MSD determines non-compliance from day one of week 3. Nami's payments are stopped from this date, and a debt is established. She is given a different recompliance activity to complete.
Client does not provide evidence
If a client attends their recompliance appointment and has been reporting on their employment-related training or courses in MyMSD but cannot provide MSD with evidence of this (without a good and sufficient reason) non-compliance should be backdated to the beginning of the week they stopped meeting their sanction requirements.
Example
Robin had Upskilling imposed and successfully participated in 5 hours of employment-related training a week over a 4-week period.
At the end of the 4-week period, Robin attends her recompliance meeting but does not provide verification of the employment-related training she did. She informs MSD she doesn't have sufficient evidence of her participation because she thought reporting in MyMSD would be enough. MSD determines this is not a good and sufficient reason and that she has not meet the requirements of Upskilling.
MSD determines Robin was non-compliant from week one of her sanction as she was unable to provide any supporting evidence of the employment-related training or courses she did.
Her payments are stopped from the beginning of week one and a debt is established.
Client does not make contact
When a client does not make contact with MSD at the end of their 4-week period, they will be considered non-compliant from the first day after the 4-week period ended.
If a client later makes contact with MSD and has no good and sufficient reason for not meeting their requirements (including not providing sufficient evidence), non-compliance should be backdated to the beginning of the week in which they were no longer complying with the sanction.
MSD cannot determine when non-compliance occurred
When a client makes contact with MSD, MSD must use the information provided to determine when their non-compliance occurred. If the client does not provide enough information for MSD to determine this, non-compliance must be backdated to the beginning of the sanction period.
For more information see:
Legislation
- Sanction for first failure: upskilling: failure without good and sufficient reason to meet requirements section 236I Social Security Act 2018
