Recomplying second drug test obligation failure
When a client has failed their drug test obligations the second time, they must agree that they will take and pass a drug test within 25 working days (of the agreement). The benefit can be reinstated from the day the client recomplies, ie the day the client agrees to take the test.
The drug test can be either a screening test or an evidential test.
Period to take and provide a drug test
A client has 25 working days, from the day after they have agreed to recomply with their second drug test obligations failure, to take and pass a drug test. The client must provide proof of undertaking and passing the drug test, within 30 working days from the day after they have agreed to recomply
A client cannot dispute the 25 working day period to take and pass the drug test. They must take and pass the drug test within that time period or they will fail their obligations for the third time.
Work and Income has an additional 5 working days to receive the results from the client and to process the information.
Generally, the results of the drug test should be provided to Work and Income within the 25 working days, but they can be accepted in the 5 working day period following.
Day 0 | A second drug test failure is in-progress and client has agreed to recomply by taking and passing a drug test within 25 working days Recompliance 2 is recorded and automatic count in IT system occurs overnight | Client can provide the results of the drug test at any time |
Day 1 - 25 | Letter is sent to the client advising them they have 25 working days to take and pass a drug test | |
Day 26 - 30 | 5 working days to allow time to receive and process the results of the test starts | |
Day 31 | If no "passed" drug test results are received a work test failure three is initiated and 5 working day notice period prior to Grade 3 sanction starts |
They will not be considered to have recomplied until a passed drug test result is received by Work and Income.
A client can only access help with the costs of the recompliance drug test once during the 25 working day period.
During the 25 working day period a "drug test referral delay" will be automatically added in CMS.
Test not taken
The client must take and pass the drug test within the 25 working day period. If they do not do this, they will be considered to have failed their work obligations, without a good and sufficient reason, for the third time and a Grade 3 sanction will be imposed.
Verification required
In order to make a decision that a client has taken and passed a drug test you must have received written confirmation from the client.
The written information that must be provided to Work and Income includes:
- the name of the client and the drug test provider and
- confirmation of a "passed" test result
The Drug test obligations verification [no link find out why] form can be used for this.
For more information see:
Legislation
- How person recomplies after failure to comply with obligation sections 261-263 Social Security Act 2018
- Drug testing for purposes of recompliance sections 264-266 Social Security Act 2018
