Provisional benefit and end of non-entitlement period
Generally, a temporary provisional benefit can be paid to the client or their partner while they are doing an approved activity or programme of activities during their 13-week non-entitlement period (except when the approved activity for a partner is full-time employment).
Provisional benefit
MSD can grant or increase a provisional benefit from the date the client or partner starts their approved activity or programme of suitable activities.
The benefit continues to be provisionally paid while the client or partner is satisfactorily participating in the approved activity. The provisional payment will continue until:
- the 6-week activity period ends, or
- the 13-week non-entitlement period ends
whichever is earlier.
Some examples of this:
- a client starts their approved activity in the beginning of week 3 of their non-entitlement period. The client participates continuously for 6 weeks, and the rest of the 13-week non-entitlement period is cancelled. After the follow-up appointment, the client’s benefit is reinstated to their usual benefit, instead of a provisional benefit.
- a client starts their approved activity in the beginning of week 10 of the non-entitlement period. The client does the approved activity for the rest of the 13-week non-entitlement period (3 weeks). At the end of the 13-week non-entitlement period, the client's benefit is reinstated to their usual benefit, instead of a provisional benefit.
End of approved activity or non-entitlement period
At the end of the approved activity or programme of activities a follow-up appointment is required (in approximately 6 weeks' time).
At the appointment MSD should discuss with the client or partner whether they:
- have satisfactorily participated in the approved activity, and
- can still meet the qualifications and obligations of their benefit.
Note if the client or their partner does not recomply, they will have to reapply at the end of the 13-week non-entitlement period if they wish to get a benefit.
Leaves approved activity or does not satisfactorily participate
If a client or partner leaves early or does not satisfactorily participate in the approved activity or programme of suitable activities, without a change in their obligations, their provisional benefit must be reduced or stopped from the date it was increased or granted.
The benefit amount that was provisionally paid during the 13-week non-entitlement period must be established as a debt and recovered.
MSD cannot recover the provisional benefit if they did not complete the approved activity because they:
- transferred to a benefit with no work obligations, or
- meet the criteria for a full exemption from their work obligations
Only one approved activity or programme can be assigned to a client. MSD cannot give the client a different approved activity if they fail to satisfactorily complete their approved activity.
For more information see:
Legislation
- Effect of participation in certain activities on non-entitlement period section 324 Social Security Act 2018
- Work-tested benefit of applicant subject to non-entitlement period section 314 Social Security Act 2018
