Recompliance and change of circumstances
A partner who has a failure in progress or a sanction imposed may be unable to recomply because they:
- had a change of circumstances that means they can no longer comply with an obligation, or the social obligation is no longer relevant to them or
- had a change in obligations which means they are no longer required to comply with any activity that is specific to their previous obligations, for example a partner moves between work obligations and work preparation obligations
In these situations, a partner should not be required to recomply. However, the failure will still be included in the 24-month count.
Note young partners who failed a youth activity obligation will have this counted for 12 months, even if they are no longer subject to youth activity obligations.
Once the partner has new obligations, MSD may ask them to complete any activities in relation to their new obligations.
Examples
Examples of where MSD cannot require the partner to complete a recompliance activity:
- where a child leaves care or changes age and the social obligation they had is no longer relevant (for example the client has failed the early childhood education social obligation and the child has now turned six years old)
- where a partner who is subject to work obligations has failed a drug test obligation and is transferred to work preparation obligations
- where a client who has work preparation obligations has failed to undertake planning for employment and is transferred to work obligations
- where a partner who has work or work preparation obligations has failed an obligation and has been transferred to Supported Living Payment or Emergency Benefit with no obligations
For more information see:
