MSD is contacted by a person (P) (or by some other person acting on P’s behalf) requesting financial assistance under this Act for P; and

the request for financial assistance for P is not a request for the regrant under section 336 of a specified benefit (as defined in section 331) that is—

MSD considers that—

by or on behalf of MSD to P or P’s spouse or partner; and

to enable P or P’s spouse or partner, by completing the form, to record P’s or P’s spouse or partner’s work experience, qualifications, and work preferences.

may be oral or written; and

may be revoked orally or in writing if, and only if, MSD considers the requirement is not reasonable in the circumstances of P, of P’s spouse or partner, or of both.

P has the jobseeker profile completed to MSD’s satisfaction; or

MSD has revoked the requirement under section 183A(2) for P to have the jobseeker profile completed to MSD’s satisfaction.

P has the jobseeker profile completed to MSD’s satisfaction within the period allowed under section 183D(1); or

MSD has revoked the requirement under section 183A(2) for P to have the jobseeker profile completed to MSD’s satisfaction.

a person specified in section 183A(1) (P) has a spouse or partner who is required to have a jobseeker profile completed to MSD’s satisfaction under section 183A(3); and

P’s spouse or partner fails to have the jobseeker profile completed to MSD’s satisfaction within the period allowed under section 183D(1).

P’s spouse or partner has the jobseeker profile completed to MSD’s satisfaction; or

MSD revokes the requirement under section 183A(3) for P’s spouse or partner to have the jobseeker profile completed to MSD’s satisfaction.

any benefit referred to in section 183A(1) that P is granted, at half of the rate of that benefit payable to a beneficiary—

the accommodation supplement, temporary additional support, or both (if any), to which P and P’s spouse or partner would apart from this subsection be entitled, at half of the otherwise applicable rate or rates.

the period that—

a longer period allowed by MSD under subsection (2).

MSD has, under section 232, imposed a sanction described in subsection (2)(a) or (b) of that section on P; and

P fails to recomply, within 13 weeks after the sanction takes effect, with each obligation—

section 320 does not apply to P.

P does not meet the eligibility requirements in sections 236A(1)(b) and 236B(1)(b) because—

P does meet the eligibility requirements in sections 236A(1)(b) and 236B(1)(b), and MSD does not impose a non-financial sanction for P’s first failure.

P recomplies:

MSD cancels P’s main benefit under section 233A.

P has a first failure; and

either—

MSD is satisfied—

under section 232(2)(a) and this section; and

only if, in the 5 working days from the giving of the section 252 notice, P discusses with MSD, in an appointment with MSD, P’s failure to comply.

reduce the rate of P’s main benefit by half under section 236(2); or

impose a non-financial sanction other than money management.

the prescribed proportion of an instalment of P’s main benefit that is an instalment payable to P (see regulations made under section 418(1)(ia)) is paid by the required manner of payment for money management (see regulations made under section 418(1)(jb)):

the rest of the instalment is paid under section 339:

specified arrears are credited or paid, and specified debt is recovered, under regulations made under section 418(1)(jb).

P recomplies (see section 261A):

MSD cancels P’s main benefit under section 233A.

from the date stated in the notice of non-financial sanction under section 252A(2)(c); and

until the end of the prescribed period from that date (see regulations made under section 418(1)(ib)), even if P recomplies (that is, both of the things specified in section 261A(2)(a) and (b) have occurred) within the prescribed period.

P has a first failure; and

either—

P’s first failure is not a failure to comply with a drug-testing obligation; and

P has—

P’s first failure does not involve either or both of the following:

MSD is satisfied—

under section 232(2)(a) and this section; and

only if, in the 5 working days from the giving of the section 252 notice, P discusses with MSD, in an appointment with MSD, P’s failure to comply.

reduce the rate of P’s main benefit by half under section 236(2); or

impose a non-financial sanction other than community work experience.

P must, within the prescribed search period starting when the sanction takes effect under subsection (5)(a) (see regulations made under section 418(1)(ic)), and with the support from MSD (if any) that MSD considers it appropriate to provide to P for the purpose, find 1 or more positions—

P must perform the duties of the 1 or more positions that comply with paragraph (a) for at least the following:

from the date stated in the notice of non-financial sanction under section 252A(2)(c); and

until whichever occurs first of the following:

P has not met the requirements that apply to P under section 236B(4) (see subsections (2) and (3)); and

P has not satisfied MSD within the reasonable period specified in subsection (4) that a good and sufficient reason existed as to why P failed to meet those requirements.

at the end of the prescribed search period (see regulations made under section 418(1)(ic)), MSD has not been provided with supporting evidence of P’s compliance with requirements under section 236B(4)(a); or

at the end of the prescribed search period (see regulations made under section 418(1)(ic)), MSD has been provided with supporting evidence of P’s compliance with requirements under section 236B(4)(a), but at the end of 5 days after the prescribed search period that evidence has not satisfied MSD of P’s compliance with those requirements; or

at the end of 5 days after the prescribed minimum number of weeks (see regulations made under section 418(1)(id)), MSD has not been provided with supporting evidence that has satisfied MSD of P’s compliance with requirements under section 236B(4)(b).

MSD considers reasonable in the circumstances of P; and

ends no later than the end of the prescribed minimum number of weeks (see regulations made under section 418(1)(id)).

starting on the first day of the week of P’s non-compliance or, if MSD is unable to determine the date of P’s non-compliance,—

ending on whichever occurs first of the following events:

P is no longer required to meet the requirements that apply to P under section 236B(4); and

P recomplies under section 261B(3) and (4); and

the 13-week period in section 233A(1)(b) starts when community work experience imposed on P takes effect.

P has not met the requirements that apply to P under section 236B(4) (see also section 236C(2) and (3)); and

P has satisfied MSD within the reasonable period specified in section 236C(4) that a good and sufficient reason existed as to why P could not meet those requirements.

at the time that P satisfied MSD that the good and sufficient reason existed, if the good and sufficient reason relates to requirements that apply to P under section 236B(4)(a) and that time is before or at the end of the prescribed search period (see regulations made under section 418(1)(ic)); and

on the first day after the end of the prescribed search period (see regulations made under section 418(1)(ic)), if the good and sufficient reason relates to requirements that apply to P under section 236B(4)(a) and the time that P satisfied MSD that the good and sufficient reason existed is—

at the time (within the reasonable period specified in section 236C(4)) that P satisfied MSD that the good and sufficient reason existed, if the good and sufficient reason relates to the requirements that apply to P under section 236B(4)(b).

P is no longer required to meet the requirements that apply to P under section 236B(4); and

the replacement sanction under section 236(2) operates in the same way as any other reduction of the rate of P’s main benefit by half under section 236(2); and

P recomplies under section 261 (see section 261(3)(b)); but

for the purposes of the 13-week period in section 233A(1)(b), the replacement sanction must be treated as if it takes effect when community work experience that it replaces takes effect.

P recomplies:

MSD cancels P’s main benefit under section 233A.

P has a first failure; and

either—

P’s first failure is not a failure to comply with a drug-testing obligation; and

P has—

P’s first failure does not involve either or both of the following:

MSD is satisfied—

under section 232(2)(a) and this section; and

only if, in the 5 working days from the giving of the section 252 notice, P discusses with MSD, in an appointment with MSD, P’s failure to comply.

reduce the rate of P’s main benefit by half under section 236(2); or

impose a non-financial sanction other than report job search.

P must within the prescribed period (starting when the sanction takes effect under subsection (5)(a)) undertake at least the prescribed minimum number of job-search activities per week (see regulations made under section 418(1)(ie)); and

P must, by the end of each week of that period, report to MSD, to MSD’s satisfaction, about the job-search activities that P has in that week undertaken to satisfy the requirements of paragraph (a), and about the nature of those activities; and

P must provide MSD with supporting evidence of all of the job-search activities that P has reported under this section,—

from the date stated in the notice of non-financial sanction under section 252A(2)(c); and

until whichever occurs first of the following:

P has not met the requirements that apply to P under section 236E(4) (see subsections (2) and (3)); and

P has not satisfied MSD within the reasonable period specified in subsection (4) that a good and sufficient reason existed as to why P failed to meet those requirements.

MSD considers reasonable in the circumstances of P; and

ends no later than the end of the prescribed period for the purposes of section 236E(4) (see regulations made under section 418(1)(ie)).

starting on the first day of the week of P’s non-compliance or, if MSD is unable to determine the date of P’s non-compliance,—

ending on whichever occurs first of the following events:

P is no longer required to meet the requirements that apply to P under section 236E(4); and

P recomplies under section 261C(3) and (4); and

the 13-week period in section 233A(1)(b) starts when the report job search imposed on P takes effect.

P has not met the requirements that apply to P under section 236E(4) (see also section 236F(2) and (3)); and

P has satisfied MSD within the reasonable period specified in section 236F(4) that a good and sufficient reason existed as to why P could not meet those requirements.

P satisfies MSD that the good and sufficient reason existed:

the date on which the rate of P’s main benefit is reduced to zero under section 236F(5)(a) within the prescribed period for the purposes of section 236E(4) (see regulations made under section 418(1)(ie)).

P is no longer required to meet the requirements that apply to P under section 236E(4); and

the replacement sanction under section 236(2) operates in the same way as any other reduction of the rate of P’s main benefit by half under section 236(2); and

P recomplies under section 261 (see section 261(3)(ba)); but

for the purposes of the 13-week period in section 233A(1)(b), the replacement sanction must be treated as if it takes effect when report job search that it replaces takes effect.

P has a first failure; and

either—

P’s first failure is not a failure to comply with a drug-testing obligation; and

P’s first failure does not involve either or both of the following:

MSD is satisfied—

under section 232(2)(a) and this section; and

only if, in the 5 working days from the giving of the section 252 notice, P discusses with MSD, in an appointment with MSD, P’s failure to comply.

reduce the rate of P’s main benefit by half under section 236(2); or

impose a non-financial sanction other than upskilling.

P must within the prescribed period (starting when the sanction takes effect under subsection (5)(a)) attend and participate in for at least the prescribed minimum number of hours per week (see regulations made under section 418(1)(if)) 1 or more employment-related training programmes or courses that MSD considers are suitable; and

P must, by the end of each week of that period, report to MSD, to MSD’s satisfaction, about the programmes or courses of that kind that P has in that week attended and participated in to satisfy the requirements of paragraph (a), and about the nature of those programmes or courses; and

P must provide MSD with supporting evidence of all of the programmes or courses that P has reported under this section,—

from the date stated in the notice of non-financial sanction under section 252A(2)(c); and

until whichever occurs first of the following:

P has not met the requirements that apply to P under section 236H(4) (see subsections (2) and (3)); and

P has not satisfied MSD in the reasonable period specified in subsection (4) that a good and sufficient reason existed as to why P failed to meet those requirements.

MSD considers reasonable in the circumstances of P; and

ends no later than the end of the prescribed period for the purposes of section 236H(4) (see regulations made under section 418(1)(if)).

starting on the first day of the week of P’s non-compliance or, if MSD is unable to determine the date of P’s non-compliance,—

ending on whichever occurs first of the following events:

P is no longer required to meet the requirements that apply to P under section 236H(4); and

P recomplies under section 261D(3) and (4); and

the 13-week period in section 233A(1)(b) starts when upskilling imposed on P takes effect.

P has not met the requirements that apply to P under section 236H(4) (see also section 236I(2) and (3)); and

P has satisfied MSD in the reasonable period specified in section 236I(4) that a good and sufficient reason existed as to why P could not meet those requirements.

P satisfies MSD that the good and sufficient reason existed:

the date on which the rate of P’s main benefit is reduced to zero under section 236I(5)(a) within the prescribed period for the purposes of section 236H(4) (see regulations made under section 418(1)(if)).

P is no longer required to meet the requirements that apply to P under section 236E(4); and

the replacement sanction under section 236(2) operates in the same way as any other reduction of the rate of P’s main benefit by half under section 236(2); and

P recomplies under section 261 (see section 261(3)(bb)); but

for the purposes of the 13-week period in section 233A(1)(b), the replacement sanction must be treated as if it takes effect when upskilling that it replaces takes effect.

when P’s specified benefit expires under section 332,—

P is regranted a specified benefit under section 336.

on and after the commencement of that specified benefit; but

otherwise in the same way as that sanction would have continued to apply to P’s specified benefit had it not expired under section 332.

the failure is not a failure to comply with the work-test obligation to accept any offer of suitable employment (see section 144(b)); and

P has been given a section 252 notice stating that, on the basis of P’s failure, MSD is reducing the rate of, or suspending, P’s benefit; and

P recomplies under section 261(1) or (2) or 263 within 5 working days from the giving of the section 252 notice in relation to the failure.

the applicable rate of the main benefit payable to them (before any reduction on account of income):

the appropriate income test applying to that rate:

regulations made under section 442(2)(e) (regulations: payments: apportionment) for the purposes of section 337 (how benefits are paid):

all other legislation that affects (for example, that requires deductions from) any amount of the main benefit payable to them.

a main benefit is payable at a work-test couple rate; and

the rate of the benefit is reduced (by half or to zero), or the benefit is money managed, suspended, or cancelled, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, and 236D; and

the reduction of the rate of benefit (by half or to zero), or the money management, suspension, or cancellation of the benefit, results from—

the reduction of the rate of benefit (by half or to zero), or the money management, suspension, or cancellation, applies only to any default amount of main benefit payable to P; and

the other spouse or partner is entitled to receive any default amount of main benefit payable to them.

a main benefit is payable at a work-test couple rate; and

the benefit or the rate of the benefit is, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, and 236D, subject to a reduction (by half or to zero), money management, a suspension, or cancellation (sanction A) because of—

the benefit or the rate of the benefit is, under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, and 236D, subject to a reduction (by half or to zero), money management, a suspension, or cancellation (sanction B) because of—

the couple have no dependent children.

sanction A applies only to any default amount of main benefit payable to P; and

sanction B applies only to any default amount of main benefit payable to the other spouse or partner.

a main benefit is payable at a work-test couple rate; and

either—

either—

the couple have 1 or more dependent children.

sanction A or non-entitlement period A applies,—

sanction B or non-entitlement period B applies,—

under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, and 236D, for a main benefit of a person (P) who is a sole parent, the rate of the benefit is reduced to zero, or the benefit is suspended or cancelled; or

under sections 225 and 227, a sole parent (P)—

the reduction to zero, suspension, cancellation, or non-entitlement applies only to half of any default amount of main benefit payable to P; and

P is entitled to receive half of any default amount of main benefit payable to P.

the non-financial sanction that is to be, or has been, imposed on P; and

that sanction’s requirements (including, without limitation, what P must do while P is subject to that sanction); and

the date (which must be after the 5 working days from the giving of the related section 252 notice) on which that sanction takes effect; and

the duration of that sanction (see sections 236A(6) and 236B(5)); and

how P recomplies with an obligation if the failure to comply with it resulted in that non-financial sanction being imposed and taking effect (see section 261, 261A, or 261B).

to comply with an obligation; and

that resulted in money management being imposed on P and taking effect.

P remedies the failure (if a section 252 notice does not specify more than 1 failure of the same obligation, or a failure of more than 1 obligation) or P remedies all the failures (if a section 252 notice specifies more than 1 failure of the same obligation, or a failure of more than 1 obligation):

money management imposed on P ceases to have effect under section 236A(6).

reduced the rate of P’s main benefit to zero under section 236A; but

not yet cancelled P’s main benefit under section 233A.

to comply with an obligation; and

that resulted in community work experience being imposed on P and taking effect.

reduced the rate of P’s main benefit to zero under section 236C; but

not yet cancelled P’s main benefit under section 233A.

to comply with an obligation; and

that resulted in report job search being imposed on P and taking effect.

reduced the rate of P’s main benefit to zero under section 236F; but

not yet cancelled P’s main benefit under section 233A.

to comply with an obligation; and

that resulted in upskilling being imposed on P and taking effect.

reduced the rate of P’s main benefit to zero under section 236I; but

not yet cancelled P’s main benefit under section 233A.

MSD has, under section 270, imposed a sanction described in section 270(2) on P; and

P fails to recomply, within 13 weeks after the sanction takes effect, with each obligation—

section 320 does not apply to P.

MSD must also cancel the following benefits if P is receiving them:

that cancellation of those benefits does not, if P reapplies for all or any of them, affect or limit P’s entitlement to all or any of them.

MSD has, under section 280, imposed a sanction described in section 280(2) on P; and

P fails to recomply, within 13 weeks after the sanction takes effect, with each obligation—

section 320 does not apply to P.

MSD must also cancel the following benefits if P is receiving them:

that cancellation of those benefits does not, if P reapplies for all or any of them, affect or limit P’s entitlement to all or any of them.

sections 240 to 242 (how number of failures is counted):

sections 252 to 256 (procedure for imposing sanctions).

the words “24 months” in section 242(1) must be read as “12 months”:

the words “24-month period” in section 242(3) must be read as “12-month period”.

under any of sections 233 and 236 to 239; and

for a failure that section 276(2)(a) or (b) or 278(2)(a) or (b) requires to be treated as having occurred.

with any necessary modifications; and

subject to the express modifications set out in subsection (3).

the words “24 months” in section 242(1) must be read as “12 months”:

the words “24-month period” in section 242(3) must be read as “12-month period”.

MSD gives the beneficiary a notice stating the matters set out in section 335(1)(a) to (c), as required by section 335(1); or

MSD takes reasonable steps to advise the beneficiary of those matters, as required by section 335(2) and (3).

on or after the expiry date for that benefit; and

within any period regulations made under section 441 provide for completing requirements for regrant of that benefit.

does not expire under section 332; and

must continue to be paid until the date that would be the expiry date for it if it had expired and were reapplied for and was regranted.

circumstances in which under this section a specified benefit does not expire under section 332; and

prescribed for the purposes of this section by regulations made under section 441(1).

who is subject to a sanction for a first failure; and

to whom section 236A applies; and

while money management imposed on P has effect.

require, while money management imposed on P has effect, that the prescribed proportion of an instalment of P’s main benefit that is an instalment payable to P (see regulations made under section 418(1)(ia)) must be paid to P by crediting an amount to a payment card for a prescribed period to enable P to obtain goods or services—

define participating suppliers:

provide for how specified arrears that MSD must pay, and that are arrears that relate to a period while money management imposed on P has effect, are credited or paid (for example, by providing that—

provide for how specified debt that MSD must recover, and that is debt that relates to a period while money management imposed on P has effect, is recovered (for example, by providing that the specified debt is recovered—

require, if P dies while money management imposed on P has effect, that the prescribed proportion of an instalment of P’s main benefit that is an instalment payable to P, or specified arrears that MSD must pay, and that are arrears that relate to a period while money management imposed on P has effect, and that are arrears that relate to a suspension unrelated to a sanction for failure to comply with P’s obligations under section 233, must be paid under—

money management—

under the prescribed required manner of payment for money management for certain payments to P (see section 340A and regulations made under section 418(1)(jb)), P has a payment card to which 1 or more amounts payable to P have been credited for the purchase of goods or services; and

the amounts on the card have not been fully spent.

if P is alive, P or a person acting on P’s behalf; or

if P has died and has a surviving spouse or partner, P’s surviving spouse or partner; or

if P has died and has no surviving spouse or partner but has a surviving dependent child, the person who has the care of the child; or

if P has died and has no surviving spouse, partner, or dependent child, P’s personal representative.

orally or in writing; and

in any form, and using any wording, that is reasonable for the purpose.

the prescribed minimum number of hours per week is 5; and

the prescribed minimum number of weeks (that start as specified in section 236B(4)(b)(ii) of the Act) is 4.

the beneficiary is a patient in hospital care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001:

the beneficiary is in residential disability care or rest home care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001:

the beneficiary resides in, or is present in and cannot reasonably leave, an area in respect of which a state of local emergency or state of national emergency is in force under Part 4 of the Civil Defence Emergency Management Act 2002:

the beneficiary resides in, or is present in and cannot reasonably leave, an area that is or may be affected by an outbreak of a quarantinable disease in respect of which an epidemic notice has been given, and is in force, under section 5(1) of the Epidemic Preparedness Act 2006:

the beneficiary resides in, or is present in and cannot reasonably leave, an area that is or may be affected by any exceptional circumstances other than those prescribed by paragraphs (c) and (d).

MSD has received—

the beneficiary and the beneficiary’s work-tested spouse or partner (if they are an included spouse or partner) have participated, to the satisfaction of MSD, in a comprehensive work assessment of a kind specified by MSD.

must not be treated as a failure to complete the requirements of subclause (1)(a) and (b); but

must be treated as a failure by that spouse or partner to comply with that spouse’s or partner’s work-test obligations.

the requirements of regulation 190A(1)(a) and (b) are completed (by the person and by any included spouse or partner) within 20 working days starting on the expiry date for the person’s specified benefit; and

MSD is satisfied that, at any time or times when or after MSD did the following, exceptional circumstances existed that prevented those requirements from being completed before that expiry date:

the person meets the eligibility criteria (including, without limitation, the requirements in section 29 of the Act) for that benefit set out in Part 2 of the Act; and

on and after that expiry date, and unless exceptional circumstances prevented the person from doing so, the person continued to meet the eligibility criteria for that benefit.

the specified benefit; and

the other assistance specified in regulation 190E(3)(b).

the person meets the eligibility criteria (including, without limitation, the requirements in section 29 of the Act) for that benefit set out in Part 2 of the Act; and

on and after that expiry date, and unless exceptional circumstances prevented the person from doing so, the person continued to meet the eligibility criteria for that benefit.

the specified benefit; and

the other assistance specified in regulation 190E(3)(b).

the requirements of regulation 190A(1)(a) and (b) are not completed (by the person and by any included spouse or partner) before the expiry date (as defined in section 331(1) of the Act); and

the person’s specified benefit is not regranted, and does not commence on that expiry date, under regulation 190B(2) and (3); and

those requirements may be completed in the relevant period.

the 20-working-day period mentioned in regulation 190C; or

if regulation 190D applies, the period that—

the specified benefit; and

all other assistance under this Act—

are not completed (by the person and by any included spouse or partner) within 20 working days starting on the expiry date for the person’s specified benefit; or

were completed (by the person and by any included spouse or partner) within that 20-working-day period, and MSD is satisfied that there were no exceptional circumstances that prevented those requirements from being completed (by the person and by any included spouse or partner) before that expiry date.

for the purposes of the person and any included spouse or partner completing requirements in regulation 190J(1)(a) and (b), the period specified in subclause (2); and

for the purposes of the person and any included spouse or partner completing requirements in regulation 190J(1)(c), the period specified in subclause (3).

starts when MSD gives the person notice of the matters set out in section 335(1)(a) to (c) of the Act, as required by section 335(1) of the Act, or when MSD takes reasonable steps to advise the person of those matters, as required by section 335(2) and (3) of the Act; and

ends at the close of the day before the expiry date (as defined in section 331(1) of the Act) for the person’s jobseeker support.

starts on the day that is 13 weeks before the expiry date (as defined in section 331(1) of the Act) for the person’s jobseeker support; and

ends at the close of the day before the expiry date (as defined in section 331(1) of the Act) for the person’s jobseeker support.

MSD receives within the period allowed to complete the requirements—

the person and any included spouse or partner have confirmed to MSD within the period allowed to complete the requirements that they will continue to meet their obligations under Part 3 of the Act; and

MSD is satisfied within the period allowed to complete the requirements that—

subclauses (3) to (5); and

regulations 190K to 190P.

a person who holds an exemption granted under section 158(1) of the Act from all of the person’s—

a person who is receiving jobseeker support on the ground of a health condition, injury, or disability, and who has—

available to MSD during that period; and

related to the circumstances of the person and any included spouse or partner, and to their entitlement to assistance under this Act.

the requirements of regulation 190J(1)(a) to (c) are completed (by the person and by any included spouse or partner) within 20 working days starting on the expiry date for the person’s jobseeker support; and

MSD is satisfied that, at any time or times within the period allowed to complete the requirements, exceptional circumstances existed that prevented those requirements from being completed within that period.

the person meets the eligibility criteria for that benefit in section 20 of the Act; and

on and after that expiry date, and unless exceptional circumstances prevented the person from doing so, the person continued to meet the eligibility criteria for that benefit in section 20 of the Act.

jobseeker support; and

the other assistance specified in regulation 190N(3)(b).

the person meets the eligibility criteria for that benefit in section 20 of the Act; and

on and after that expiry date, and unless exceptional circumstances prevented the person from doing so, the person continued to meet the eligibility criteria for that benefit in section 20 of the Act.

jobseeker support; and