Recompliance (13 week non-entitlement period)

A client can complete certain activities to get a temporary provisional benefit if they have a 13-week non-entitlement period because they:

• left a job voluntarily
• lost a job through misconduct
• have a grade 3 sanction imposed or
• refused an offer of suitable employment

If a client wants to recomply, MSD must make a 6 week approved activity or programme of activities available to them at the earliest opportunity.

An approved activity can start as soon as a sanction has been imposed, there is no waiting period.

The client must do their approved activity for 6 continuous weeks, or until the 13-week non-entitlement period ends (whichever is earlier). This can be through:

• satisfactory participation in a 6 week approved activity or programme of activities or
• satisfactory participation in part-time employment (if they have part-time work obligations)

If the client fails to satisfactorily complete their 6 week activity or programme, and their obligations have not changed, their provisional benefit must be reduced from the date it was increased.

The portion of the benefit that the client was paid provisionally must be established as a debt. The client must wait until the end of the 13-week non-entitlement period get their full rate of benefit reinstated.

When a client makes contact at the end of the 13 weeks, MSD should review their circumstances to confirm that the client still qualifies and what rate of payment they should get. MSD must determine the appropriate date to increase the rate from, but this cannot be any earlier than the end of the 13-week period.

Only one approved activity or programme can be assigned to the client. MSD cannot give the client a different activity if they fail to satisfactorily complete the original approved activity.

If a client fails their obligations for a third time, and the third failure is a social obligation failure, then their 6 week recompliance activity will be different.

In this situation it may not be appropriate to choose an activity focused on work outcomes. A programme of short-term approved activities may be more appropriate instead.

For more information see:

• Failing a social obligation

Here are some examples of suitable 6 week approved activities:

• Employment and training
• [no link find out why] Work experience, Activity in the Community and Voluntary work

Note these are examples only. An approved activity or programme should be relevant to the obligation the client failed, and be fair and reasonable.

If there is no appropriate 6 week approved activity available, consider a programme of suitable activities.

For more information see:

• Recompliance programme example

For when to grant or increase the benefit, see:

• Provisional benefit and end of non-entitlement period

For what to do if a client cannot recomply see:

• Unable to recomply