Counting previous obligations failures
The sanction imposed depends on how often the client or partner has failed to comply with their obligations in the previous 24 months while getting a benefit.
Previous failures are only counted if the failure occurred within the last 24 months while continuously getting a benefit.
Note this does not apply to young partners who fail their youth activity obligations. These failures are counted for 12 months.
The 24-month count starts from the day the obligation failure is imposed. Each obligation failure has its own 24-month count.
Transfer between benefits
If a client transfers between benefits, any obligations failures within the previous 24 months are still counted.
Failures on a previous benefit type will count toward the failure count on the new benefit, even if the same obligations do not apply.
Note there are very limited circumstances where a client granted Jobseeker Support Student Hardship would have previous obligations failures still counted.
This could happen with a transfer of benefit, e.g. a client studying full-time no longer qualifies for Sole Parent Support and transfers to Jobseeker Support Student Hardship during the break between academic years, before their Student Allowance begins.
Failure of different obligations add to failure count
The failure count includes all obligation failures. If a client or partner fails a work obligation and then a later failure related to social obligations in a 24 month period, this would be counted as two failures.
Youth clients
When a client transfers from Young Parent Payment or Youth Payment to a benefit without youth activity obligations the count will be zero. This is because the sanction regime is different for young people getting these payments.
Note the count does not return to zero when young partners of main beneficiaries with youth activity obligations move to having different obligations.
Calculating continuous receipt of benefit
To determine whether a client has been in continuous receipt of a main benefit, MSD must disregard any period that the benefit was suspended or cancelled because:
- the client was in employment and
- the employment was less than 10 working days
Transitional arrangements ended on 26 May 2026
From 26 May 2025, the obligations failure count period increased from 12 months to 24 months for working age clients.
Any obligation failures that were initiated before 26 May 2025 were only counted for 12 months.
Note youth activity obligation failures are still counted for 12 months only.
For more information see:
Legislation
- Hierarchy of sanctions sections 234-239 Social Security Act 2018
- Failures that can be counted section 240 Social Security Act 2018
- Meaning of continuous payment section 241 Social Security Act 2018
- Failures that cannot be counted section 242 Social Security Act 2018
- Variation for failure to comply with work-test obligation to accept offer of suitable employment section 244 Social Security Act 2018
- Notice relates to single failure section 253 Social Security Act 2018
