Disputes and reviews of an obligations failure
A client has the right to dispute or review if they disagree with any decision relating to:
- an obligations failure or
- a sanction being imposed
A client can do this by:
- disputing the decision or
- lodging a formal Review of Decision
- lodging an appeal to the Medical Appeals Board (drug test failure only)
A Review of Decision or appeal to the Medical Appeals Board can be lodged at any stage, within three months of the obligations failure being initiated, or within three months of the sanction being imposed.
If a client disputes their obligations failure or sanction more than 20 working days after it is initiated or imposed, you need to advise the client to lodge a formal Review of Decision or an appeal to the Medical Appeals Board (drug test failure only) in writing.
For more information see:
- Disputing more than one obligations failure
- The disputes process
- Recording decisions on a dispute
- Core policy Reviews and Appeals
- Core policy, Reviews and Appeals Medical Appeals Board
Legislation
- Reviews and Appeals Part 7 Social Security Act 2018
- What this Part does section 390 Social Security Act 2018
- Decision under specified social assistance enactments section 397 Social Security Act 2018
- Appeal must be begun within 60 working days of notification or further allowed period section 400 Social Security Act 2018
- Right of appeal on medical grounds section 411 Social Security Act 2018
