When the sanction is imposed
Sanctions can only be imposed 5 working days after the client has been sent a letter about their obligations failure. This is called the 5 working day notice period.
If a client recomplies within the initial 5 working day notice period their benefit is not sanctioned but the obligations failure is counted.
Note if a client has more than one obligation failure initiated on the same day, only one sanction can be imposed on the client. For the sanction to be lifted, the client must dispute or recomply with all the obligation failures.
How to count the 'five working day notice' period
The 5 working day notice period is counted from the date after the obligations failure letter has been sent to the client, to allow for posting and delivery of the letter.
The 5 working day notice period excludes weekends, public holidays, or the period 25 December to 15 January each year.
The table below provides an example of how to count the notice period.
Day 0 | Tuesday | Automatic failure in CMS occurs overnight |
Day 0 | Wednesday | An obligations failure letter is sent |
Day 1 | Thursday | 5 working day notice period begins |
Weekend | Saturday-Sunday | |
Day 3 | Monday | 5 working day notice period continues |
Day 6 | Thursday | Benefit sanction occurs in SWIFTT |
Legislation
- MSD must give notice of sanction section 252 Social Security Act 2018
- Notice relates to single failure section 253 Social Security Act 2018
- When reduction, suspension, or cancellation of benefit takes effect section 256 Social Security Act 2018
