Unable to recomply due to meeting the criteria for an exemption
A client or partner, who is subject to a sanction or a 13 week non-entitlement period, may not need to complete a recompliance activity if:
- they meet the criteria for a full exemption from their obligations or
- they qualify for a benefit that does not have the obligations to which they must recomply
If a client or partner is subject to a 13 week non-entitlement period, and is unable to complete the six week activity or programme of suitable activities, you cannot recover the provisional benefit if they do not complete the activity because they meet the criteria for a full exemption from their work obligations.
Example
A partner who is subject to a sanction who develops a health condition or becomes, injured or disabled, and meets the criteria for the exemption 'would qualify for Jobseeker Support - health condition, injury or disability'. They are unable to complete a recompliance activity.
In this situation you should add the exemption reason in SWIFTT, and follow the disputes process (so that the benefit can be resumed). Also consider the person's eligibility for Jobseeker Support on the ground of health condition, injury or disability.
For details of the requirements for a partner who has a health condition, injury or disability, see:
- Paying other assistance during a sanction
- Jobseeker Support Qualifications
Legislation
- Exemption from work-test obligations: all work-tested beneficiaries regulation 101 Social Security Regulations 2018
- Exemption from work-test obligations: work-tested spouses or partners regulation 102 Social Security Regulations 2018
- Restoration of entitlement after suspension, reduction, cancellation, or non-entitlement sections 320-322 Social Security Act 2018
- Effect of participation in certain activities on non-entitlement period section 324 Social Security Act 2018
- Effect of employment on non-entitlement period section 323 Social Security Act 2018
- Hierarchy of sanctions sections 236-239 Social Security Act 2018
- Factors affecting benefit: voluntary unemployment or loss of employment through misconduct, etc sections 225-229 Social Security Act 2018
- Work-tested benefit of applicant subject to non-entitlement period section 314 Social Security Act 2018
- Recompliance sections 261-263 Social Security Act 2018
