Good and sufficient reasons for failing to comply with a social obligation

Once a client has been through the regular engagement and support process and is not taking all reasonable steps to meet one of their social obligations, you then need to be satisfied that they do not have a good and sufficient reason for failing to meet their social obligation, based on the information you have, before you initiate an obligations failure.

You should also consider whether a client has a good and sufficient reason for failing to comply with their social obligations if they dispute an obligations failure after it has been initiated.

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?

Good and sufficient reasons for failing to comply with a social obligation may include (but are not limited to) when a client:

• is in hospital
• has a death or illness in the immediate family
• is experiencing family violence
• experiences an emergency or adverse event
• was dependent on the provision of assistance by Work and Income to complete the activity, and that assistance was not supplied
• is being prosecuted under the Education and Training Act 2020

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.

Note where a client has a partner, social obligations apply to both. If a client has a good and sufficient reason for failing a social obligation, talk with them to find out whether their good and sufficient reason also applies to their partner. In most cases, it is likely that if the client has a good and sufficient reason this reason will also apply to their partner.

You should also consider whether a client has taken all reasonable steps to meet their social obligation before deciding that they have failed to comply with their social obligation.

There are also some circumstances where social obligations do not apply. For example, when a child leaves school at age 15 with a Ministry of Education Early Leaving Exemption, the obligation to ensure that child is enrolled in and attending school no longer applies.

Make sure you have provided the client with the appropriate engagement and support before considering that the client has failed their obligation and that this has been recorded in OBMAN.

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

• Obligations failures