Recompliance for work obligation failures
Clients who have failed their work obligations need to recomply to have their benefit:
- increased or resumed if they have been financially sanctioned or
- continued if they have a non-financial sanction imposed
Once a client or partner indicates they want to recomply MSD must have a discussion with them about what they need to do to recomply.
Work obligations failure (Grade 1 and 2)
For clients to recomply with a work obligations failure (grade 1 and 2) and have their benefit increased or resumed, the client or partner will need to complete:
- the activity they failed or
- an activity that is the same or substantially similar to the activity they failed
Note for grade 1 failures where a non-financial sanction has been imposed, the recompliance requirements may be different. For more information see:
Work obligations failure or failure to accept an offer of suitable employment (Grade 3)
For clients to recomply to a work obligations failure (grade 3) and be granted a provisional benefit, the client or partner will need to:
- start and complete a six week recompliance activity or programme of activities (13 week non-entitlement period) or
- wait until the end of the 13 week non-entitlement period
For more information see:
Legislation
- Meaning of recompliance section 261 Social Security Act 2018
- Impossibility of remedying failure of work-test obligation section 262
- How person recomplies after failure to comply with drug-testing obligation section 263
- Effect of no longer being subject to work-test or young person obligations section 320 Social Security Act 2018
- Effect of no longer being subject to dependent children obligations section 321 Social Security Act 2018
- Effect of no longer being subject to work-preparation obligations section 322 Social Security Act 2018
