Unable to recomply due to meeting the criteria for an exemption
A young person, 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 an exemption from their activity obligations (this may be a full or partial exemption).
If a young person is subject to a 13 week non-entitlement period, and is unable to complete the six week activity, you cannot recover the provisional benefit if they do not complete the activity because they meet the criteria for an exemption from their activity obligations.
Example - young person develops a health condition, injury or disability
A young person who is subject to a sanction develops a health condition, injury or disability, and meets the criteria for the exemption "would qualify for Jobseeker Support - health condition, injury, disability". They are unable to complete a recompliance activity.
In this situation you should add the exemption reason in SWIFTT (medical incapacity), and follow the disputes process so that the benefit can be resumed.
Proof
To support their exemption, the young person is required to provide a medical certificate. The information required on the medical certificate is:
- a diagnosis (what theĀ health conditionĀ is)
- the impact of the condition on their ability to undertake activity obligations
- the likely duration of the impact
- their capacity for education, training and work-based learning and
- any other information that is required
For more information see:
Legislation
- Regulations may specify categories of exempt persons and grounds for exemption sections 157-161 Social Security Act 2018
- Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations section 431 Social Security Act 2018
- Procedure for grant of exemption regulations 97-98 Social Security Regulations 2018
