Unable to recomply
A client or partner, who is subject to 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
If a client or partner is subject to a 13 week non-entitlement period, and is unable to complete the 6 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 is subject to 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 Jobseeker Support on the ground of a 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
- Deferral of work-test obligations section 155 Social Security Act 2018
- Deferral of work-test obligations of person with dependent child under age of 1 year regulations 74-80 Social Security Regulations 2018
- Variation or discharge of deduction notice regulation 225 Social Security Regulations 2018
- Person not subject to work-test obligations section 142 Social Security Act 2018
- Effect of deferral of work-test obligations section 156 Social Security Act 2018
- Exemption from work test obligations: all work-tested beneficiaries regulation 101 Social Security Regulations 2018
- Exemption from work test obligations: work-tested sole parents receiving jobseeker support regulation 103 Social Security Regulations 2018
- Exemption from work test obligations: work-tested spouses or partners regulation 102 Social Security Regulations 2018
- Effect of no longer being subject to work-test or young person obligations section 320 Social Security Act 2018
- Effect of participation in certain activities on non-entitlement period section 324 Social Security Act 2018
- Effect of employment on non-entitlement period section 323 Social Security Act 2018
- Sanction for first failure: reduction in main benefit sections 236-239 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
- Notice relates to single failure section 253 Social Security Act 2018
- Definitions are in dictionary in Schedule 2 section 6 Social Security Act 2018
- Basic rule: no work-tested benefit for 13 weeks after leaving employment or scheme or loss of employment due to misconduct sections 225 - 229 Social Security Act 2018
- Dictionary schedule 2 Social Security Act 2018
- Commencement, stand downs, ending, and expiry and regrant sections 311-319 Social Security Act 2018
- Exemptions from, and period of, stand down regulations 177-185 Social Security Regulations 2018
- Persons not subject to work-preparation obligations section 122 Social Security Act 2018
