Recompliance (Grade 1 and 2)
Young people with an activity obligations failure initiated must recomply within 5 working days. If they do this no sanction will be imposed but the activity obligations failure will be counted.
If the sanction has been imposed the young person must recomply to have their benefit increased or resumed.
When a young person indicates that they want to recomply an appointment must be made for them to discuss recomplying and make a recompliance activity available for them at the earliest opportunity.
Service provider or Work and Income 'in-house' service role in recompliance
The service provider or Work and Income 'in-house' service will need to discuss with the young person the activities they need to undertake to recomply.
To recomply they must:
- undertake the original activity (or activities if they have failed more than one obligation) if it is still available or
- if the original activity (or activities if they have failed more than one obligation) is not available, undertake another activity, to the satisfaction of MSD, that is the same as or substantially similar to the activity the young person failed to do
When a recompliance activity is allocated, MSD must:
- discuss with the young person what they need to do to satisfactorily undertake the recompliance activity and the implications of not doing this and
- make a note of the discussion
Same or substantially similar activity
If the young person is unable to undertake the same activity that they failed to do, they must undertake to the satisfaction of MSD another activity that is the same as or substantially similar to the activity they failed to do.
The 'same or substantially similar to' means that any recompliance activity should, as much as possible, require the same amount of time, effort and commitment as that which the young person failed to complete.
YSSU role in recompliance
The YSSU must decide whether the young person has satisfactorily undertaken their recompliance activity based on the recommendation from the service provider or Work and Income 'in-house' service. This will depend on the young person's circumstances and the nature of the recompliance activity.
When to resume or increase the benefit
The YSSU will resume or increase the payment from the date the service provider or Work and Income 'in-house' service are satisfied that the young person has started the recompliance activity.
Some examples of this:
- if the recompliance activity is a one-off, such as attending an interview with the service provider, the payment would be resumed from the date the young person attended and participated in the activity
- if the recompliance activity is ongoing, such as attending school or a training programme, the young person must satisfactorily attend school or the training programme and the payment will be resumed from the date the young person started to attend
For what to do if a young person cannot recomply due to a health condition see:
