Unable to recomply
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 work 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 6 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 Student Hardship on the ground of a health condition, injury or a disability.
For details of the requirements for a client or partner who has a health condition, injury or disability see:
Legislation
- Person not subject to work-test obligations section 142 Social Security Act 2018
- Deferral of work-test obligations sections 155-156 Social Security Act 2018
- Factors affecting benefit: voluntary unemployment or loss of employment through misconduct, etc sections 225-229 Social Security Act 2018
- Hierarchy of sanctions sections 236-239 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
- Recompliance sections 261-263 Social Security Act 2018
- Work-tested benefit of applicant subject to non-entitlement period section 314 Social Security Act 2018
- Restoration of entitlement after suspension, reduction, cancellation, or non-entitlement sections 320-324 Social Security Act 2018
- Dictionary Schedule 2 Social Security Act 2018
- Subpart 2—Deferral of work-test obligations Part 3, subpart 2 Social Security Regulations 2018
- 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
