Social Security Amendment Act 2025

1: Title
This Act is the Social Security Amendment Act 2025.
2: Commencement
General rule: commencement on 26 May 2025
1: This Act comes into force on 26 May 2025.
2: Subsection (1) is subject to subsections (3) and (4). Exception: commencement on 1 July 2025
3: The following sections (about work gap eligibility for, and expiry and regrant of, jobseeker support and other specified benefits) come into force on 1 July 2025: Amendments to Social Security Act 2018
a: section 5
b: section 49
c: section 50
d: section 51
e: section 58
f: section 60
g: section 63(8) Amendments to Social Security Regulations 2018
h: section 68
i: section 70
j: section 71
k: section 72
l: section 74
m: section 77 Exception: commencement on 20 October 2025
4: The following sections (about the non-financial sanctions that are report job search and upskilling) come into force on 20 October 2025: Amendments to Social Security Act 2018
a: section 6(2)
b: section 7(2)
c: section 8(2)
d: section 9(1)
e: section 12(2)
f: section 13(2)
g: section 14(2)
h: section 15(3)
i: section 18
j: section 19
k: section 21(2)
l: section 24(2)
m: section 25(5) and (7)
n: section 26(2) and (3)
o: section 28(4)
p: section 29(2)
q: section 31
r: section 46(3)
s: section 47(2)
t: section 48(2)
u: section 59(2)
v: section 63(3) to (6) Amendments to Social Security Regulations 2018
w: section 65(2)
x: section 67
1: Amendments to Social Security Act 2018
3: Principal Act
This Part amends the Social Security Act 2018 2025-05-26 Social Security Act 2018 Refer to section 2(2) minus those amendments as shown in section 2(3) and (4). Plus new empowering clause 103 which will be inserted into the Schedule and will need to be put in the SLS tool 2025-07-01 Social Security Act 2018 refer to section 2(3)(a) to (g) 2025-10-20 Social Security Act 2018 refer to section 2(4)(a) to (v)
4: Section 5 amended (Guide to this Act)
In section 5(4) for example, jobseeker profiles,
5: Section 21 amended (What is work gap)
Repeal section 21(3)
6: Section 119 amended (Person who fails to comply with requirement to undergo work ability assessment is subject to sanction)
1: In section 119 section 236, 236A, 236B,
2: In section 119 236B, 236E, 236H,
7: Section 126 amended (Person who fails to comply with work-preparation obligation subject to sanction)
1: In section 126 section 236, 236A,
2: In section 126 236A, 236H,
8: Section 136 amended (Person who fails to comply with obligations in relation to dependent children is subject to sanction)
1: In section 136(1) section 236, 236A, 236B,
2: In section 136(1) 236B, 236E, 236H,
3: In section 136(2) section 243 section 243AAA, 243,
9: Section 181 amended (Application of health and safety legislation, etc)
1: Replace section 181(1)(a)
a: is doing work as part of a job-search activity—
i: in accordance with P’s work-test obligations; or
ii: under section 236E
iii: under section 261 (how person recomplies after failure to comply with obligation); or
iv: under section 261C
v: under section 324 (effect of participation in certain activities on non-entitlement period); or
2: Replace section 181(1)(b)
b: is a beneficiary and is doing work as part of—
i: an employment-related activity arranged by MSD; or
ii: an activity in the community arranged by MSD.
10: Section 183 amended (What this Part does)
Before section 183(2)(a)
aaa: jobseeker profiles:
11: New sections 183A to 183D and cross-heading inserted
In Part 4, after the subpart 2 Factors affecting benefits: jobseeker profiles
183A: Requirement to have completed jobseeker profile
When this section applies
1: This section applies if—
a: MSD is contacted by a person ( P
b: 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—
i: jobseeker support; or
ii: sole parent support; and
c: MSD considers that—
i: the appropriate financial assistance would be a benefit that is jobseeker support or sole parent support; or
ii: the appropriate financial assistance would be a benefit that is an emergency benefit and, if that financial assistance were granted to P, P would, or would likely, be subject to conditions that are or include that P be available for, and take reasonable steps to obtain, suitable employment. Requirement for P
2: MSD must require P to have a jobseeker profile completed to MSD’s satisfaction. Requirement for specified spouse or partner of P
3: If P has a spouse or partner who is not, in the spouse’s or partner’s own right, receiving or applying for a main benefit under this Act, New Zealand superannuation, or a veteran’s pension, and who is not, or is not likely to be, subject to obligations under section 166 or 167, MSD must also require P’s spouse or partner to have a jobseeker profile completed to MSD’s satisfaction. Jobseeker profile
4: In this section and sections 183B to 183D jobseeker profile
a: by or on behalf of MSD to P or P’s spouse or partner; and
b: 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. Form and revocation of requirement
5: A requirement under subsection (2) or (3)—
a: may be oral or written; and
b: 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.
183B: If person does not have jobseeker profile completed
1: MSD is not required under section 298(1) to inquire into a claim for any benefit referred to in section 183A(1) P
a: P has the jobseeker profile completed to MSD’s satisfaction; or
b: MSD has revoked the requirement under section 183A(2)
2: Subsection (1) applies whether or not an application for a benefit has been completed by or on behalf of P.
3: Any application for a benefit made by or on behalf of P lapses unless—
a: P has the jobseeker profile completed to MSD’s satisfaction within the period allowed under section 183D(1)
b: MSD has revoked the requirement under section 183A(2)
183C: If person’s spouse or partner does not have jobseeker profile completed
1: This section applies if—
a: a person specified in section 183A(1) P
b: P’s spouse or partner fails to have the jobseeker profile completed to MSD’s satisfaction within the period allowed under section 183D(1)
2: If this section applies under subsection (1), it applies until—
a: P’s spouse or partner has the jobseeker profile completed to MSD’s satisfaction; or
b: MSD revokes the requirement under section 183A(3)
3: P receives the following forms of assistance (if all or any of them is granted) at the following rate or rates only:
a: any benefit referred to in section 183A(1)
i: who is in a relationship; and
ii: whose spouse or partner is not granted a benefit in the spouse’s or partner’s own right; and
b: 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.
183D: Period allowed for completion
Default period allowed
1: The period allowed ( see sections 183B(3)(a) and 183C(1)(b)
a: the period that—
i: starts on the date of first contact by or on behalf of P; and
ii: ends on the 20th working day after that date; or
b: a longer period allowed by MSD under subsection (2). MSD may allow longer period
2: Before or after the end of the 20-working-day period referred to in subsection (1)(a), MSD may allow P or P’s spouse or partner a longer period if MSD considers that good and sufficient reason exists for P or P’s spouse or partner not being able to have the jobseeker profile completed to MSD’s satisfaction within that 20-working-day period.
12: Section 230 amended (How non-entitlement period, etc, affects supplementary benefits, and spouse or partner)
1: After section 230(1)(b)
ba: a reduction of the rate of a main benefit to zero under section 236, 236A, or 236C
2: In section 230(1)(ba) or 236C 236C, 236F, or 236I
13: Section 232 amended (Sanctions for failure to comply with certain obligations under this Act)
1: Replace section 232(2)(a)
a: reduction of the rate of a main benefit or imposition of a non-financial sanction in accordance with sections 236, 236A, and 236B
2: In section 232(2)(a) and 236B 236B, 236E, and 236H
3: After section 232(2)
3: MSD must not impose under this section a non-financial sanction on a young person to whom section 276(2)(a) or (b) or 278(2)(a) or (b) applies.
4: This section is subject to sections 243AAA, 243, and 245 to 248.
14: New section 233A inserted (Cancellation of main benefit for continuing failure to comply)
1: After section 233
233A: Cancellation of main benefit for continuing failure to comply
1: MSD must cancel a person’s ( P’s
a: MSD has, under section 232, imposed a sanction described in subsection (2)(a) or (b) of that section on P; and
b: P fails to recomply, within 13 weeks after the sanction takes effect, with each obligation—
i: for which the sanction was imposed for a failure to comply with; and
ii: that P has not ceased to have (including, without limitation, under section 321 or 322); and
c: section 320 does not apply to P.
2: On cancellation under this section of P’s main benefit, to be again entitled to a main benefit under this Act, P must apply for the benefit and establish that P is eligible for it.
3: This section is subject to sections 236D(3)(d) and 245 to 248.
2: In section 233A(3) 236D(3)(d) , 236G(3)(d), 236J(3)(d),
15: Section 234 amended (Hierarchy of sanctions)
1: In section 234 The sanction that MSD must impose under section 232(1) (subject to section 232(3) and (4)
2: Replace section 234(a)
a: for a first failure, reduction of the rate of a main benefit or imposition of a non-financial sanction in accordance with sections 236, 236A, and 236B
3: In section 234(a) and 236B 236B, 236E, and 236H
16: Section 235 amended (Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations)
In section 235 failure first failure second failure third failure failure
a: by the person, or in relation to the person’s dependent children or the person’s spouse or partner’s dependent children, to comply with an obligation that is specified in section 233; and
b: that occurred at any time (however, if it occurred more than 24 months or, if applicable, 12 months, before the failure for which the calculation is made, then see also sections 287 and 287A
c: that, for the purposes of section 242(1), is taken to have occurred on the date MSD decides that the person has, as a beneficiary, failed, without a good and sufficient reason, to comply with the appropriate obligation ( see first failure
a: by the person, or in relation to the person’s dependent children or the person’s spouse or partner’s dependent children; and
b: that is the first one by the person, or in relation to the person’s dependent children or the person’s spouse or partner’s dependent children second failure
a: by the person, or in relation to the person’s dependent children or the person’s spouse or partner’s dependent children; and
b: that occurs after the person has recomplied with the obligation to which a first failure related third failure
a: by the person, or in relation to the person’s dependent children or the person’s spouse or partner’s dependent children; and
b: that occurs after the person has recomplied with the obligation to which a second failure related.
17: Sections 236 and 237 replaced
Replace sections 236 237
236: Sanction for first failure: reduction of rate of main benefit
Eligibility
1: This section applies to a person ( P
a: P does not meet the eligibility requirements in sections 236A(1)(b) and 236B(1)(b)
i: P is not subject to active case management by MSD; and
ii: P does not have 1 or more dependent children; or
b: P does meet the eligibility requirements in sections 236A(1)(b) and 236B(1)(b) Imposition
2: If this section applies to P, MSD must, for the first failure of P, reduce the rate of P’s main benefit by half until P recomplies. Effect
3: If the rate of P’s main benefit is reduced by half under this section, MSD must not, for the first failure of P, do the following:
a: impose money management; or
b: impose community work experience.
4: If P fails to recomply within 4 weeks after the initial reduction under this section takes effect, MSD must reduce the rate of P’s main benefit to zero until the earlier of the following events:
a: P recomplies:
b: MSD cancels P’s main benefit under section 233A Relationship with other sections
5: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
236A: Sanction for first failure: money management
Eligibility
1: This section applies to a person ( P
a: P has a first failure; and
b: either—
i: P is subject to active case management by MSD; or
ii: P has 1 or more dependent children; and
c: MSD is satisfied—
i: that it is appropriate in the circumstances to impose money management on P; and
ii: that it is more appropriate to impose that sanction than any other sanction that can be imposed for P’s first failure. Imposition
2: If this section applies to P, MSD must, for the first failure of P, impose money management—
a: under section 232(2)(a)
b: 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. Effect: general
3: If money management is imposed on P, MSD must not, for the first failure of P,—
a: reduce the rate of P’s main benefit by half under section 236(2)
b: impose a non-financial sanction other than money management.
4: While money management that is imposed on P has effect,—
a: the prescribed proportion of an instalment of P’s main benefit that is an instalment payable to P ( see section 418(1)(ia) see
b: the rest of the instalment is paid under section 339:
c: specified arrears are credited or paid, and specified debt is recovered, under regulations made under section 418(1)(jb)
5: If P fails to recomply ( see section 261A see section 418(1)(ib)
a: P recomplies ( see section 261A
b: MSD cancels P’s main benefit under section 233A Duration
6: Money management that is imposed on P has effect for the following duration:
a: from the date stated in the notice of non-financial sanction under section 252A(2)(c)
b: until the end of the prescribed period from that date ( see section 418(1)(ib) section 261A(2)(a) and (b)
7: Subsection (6)(b) applies even if P’s main benefit is suspended for reasons unrelated to a sanction for failure to comply with 1 or more obligations under this Act that are specified in section 233. Relationship with other sections
8: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
236B: Sanction for first failure: community work experience: general
Eligibility
1: This section applies to a person ( P
a: P has a first failure; and
b: either—
i: P is subject to active case management by MSD; or
ii: P has 1 or more dependent children; and
c: P’s first failure is not a failure to comply with a drug-testing obligation; and
d: P has—
i: work-test obligations under either or both of sections 144 and 146; and
ii: no currently-in-force deferrals of, or exemptions from, those work-test obligations; and
e: P’s first failure does not involve either or both of the following:
i: more than 1 failure of the same obligation:
ii: a failure of more than 1 obligation; and
f: MSD is satisfied—
i: that it is appropriate in the circumstances to impose community work experience on P; and
ii: that it is more appropriate to impose that sanction than any other sanction that can be imposed for P’s first failure. Imposition
2: If this section applies to P, MSD must, for the first failure of P, impose community work experience—
a: under section 232(2)(a)
b: 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. Effect: general
3: If community work experience is imposed on P, MSD must not, for the first failure of P, do the following (except under section 236D
a: reduce the rate of P’s main benefit by half under section 236(2)
b: impose a non-financial sanction other than community work experience.
4: While community work experience that is imposed on P has effect,—
a: P must, within the prescribed search period starting when the sanction takes effect under subsection (5)(a) ( see section 418(1)(ic)
i: each of which is a position—
A: with a community or voluntary sector organisation that MSD is satisfied is reasonably suitable; and
B: that MSD is satisfied is reasonably suitable; and
ii: that alone is, or that together are, for at least the following ( see section 418(1)(id)
A: the prescribed minimum number of hours per week; and
B: the prescribed minimum number of weeks that start as specified in paragraph (b)(ii); and
iii: that may be or include 1 or more positions that start in the prescribed search period, in which case the prescribed minimum number of weeks start at the earliest start of those 1 or more positions ( see
b: P must perform the duties of the 1 or more positions that comply with paragraph (a) for at least the following:
i: the prescribed minimum number of hours per week; and
ii: the prescribed minimum number of weeks that start—
A: immediately after the prescribed search period; or
B: if paragraph (a)(iii) applies, at the earliest start in the prescribed search period of those 1 or more positions. Duration
5: Community work experience that is imposed on P has effect—
a: from the date stated in the notice of non-financial sanction under section 252A(2)(c)
b: until whichever occurs first of the following:
i: P recomplies after the community work experience is imposed on P ( see section 261B
ii: the rate of P’s main benefit is reduced to zero under section 236C
iii: a replacement sanction imposed under section 236D Relationship with other sections
6: This section is subject to sections 236C, 236D, 243AAA, 243, 245 to 248, and 320 to 322.
236C: Sanction for first failure: community work experience: failure without good and sufficient reason to meet requirements
When this section applies
1: This section applies if, after community work experience that is imposed on P has effect,—
a: P has not met the requirements that apply to P under section 236B(4) see
b: 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. When P has not met requirements that apply to P
2: For the purposes of subsection (1)(a) and of section 236D(1)(a) section 236B(4)
a: at the end of the prescribed search period ( see section 418(1)(ic) section 236B(4)(a)
b: at the end of the prescribed search period ( see section 418(1)(ic) section 236B(4)(a)
c: at the end of 5 days after the prescribed minimum number of weeks ( see section 418(1)(id) section 236B(4)(b)
3: Subsection (2) does not limit the generality of subsection (1)(a) or of section 236D(1)(a) Reasonable period
4: The reasonable period mentioned in subsection (1)(b) and in section 236D(1)(b)
a: MSD considers reasonable in the circumstances of P; and
b: ends no later than the end of the prescribed minimum number of weeks ( see section 418(1)(id) MSD must reduce rate of P’s main benefit to zero
5: MSD must reduce the rate of P’s main benefit to zero with effect—
a: 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,—
i: starting on the first day after the prescribed search period or (if applicable) after the prescribed minimum number of weeks, if P has not in that period or (if applicable) in those weeks contacted MSD about P’s non-compliance; or
ii: starting on the first day of the prescribed search period or (if applicable) of the prescribed minimum number of weeks if—
A: P has in or after that period or (if applicable) in or after those weeks contacted MSD about P’s non-compliance; and
B: MSD has not been provided with supporting evidence that satisfies MSD of the date of P’s non-compliance; and
b: ending on whichever occurs first of the following events:
i: P recomplies ( see section 261B(3) and (4)
ii: MSD cancels P’s main benefit under section 233A Exception to general rule about when reduction to zero takes effect
6: However, if P satisfies MSD within a period that complies with subsection (4)(a), but that does not also comply with subsection (4)(b), that a good and sufficient reason existed as to why P failed to meet the requirements that apply to P under section 236B(4) see section 418(1)(id) Consequences of rate of P’s main benefit being reduced to zero
7: If the rate of P’s main benefit is reduced to zero under subsection (5),—
a: P is no longer required to meet the requirements that apply to P under section 236B(4)
b: P recomplies under section 261B(3) and (4)
c: the 13-week period in section 233A(1)(b) Relationship with other sections
8: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
236D: Sanction for first failure: community work experience: replacement sanction if good and sufficient reason why cannot meet requirements
When this section applies
1: This section applies if, at any time after community work experience that is imposed on P has effect,—
a: P has not met the requirements that apply to P under section 236B(4) see also section 236C(2) and (3)
b: P has satisfied MSD within the reasonable period specified in section 236C(4) MSD must impose replacement sanction
2: MSD must impose on P, without giving a section 252 notice, a replacement sanction under section 236(2)
a: 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) see section 418(1)(ic)
b: on the first day after the end of the prescribed search period ( see section 418(1)(ic) section 236B(4)(a)
i: after the end of the prescribed search period; and
ii: before or at the end of the prescribed minimum number of weeks ( see section 418(1)(id)
c: at the time (within the reasonable period specified in section 236C(4) section 236B(4)(b) Consequences of replacement sanction
3: If a replacement sanction under section 236(2)
a: P is no longer required to meet the requirements that apply to P under section 236B(4)
b: the replacement sanction under section 236(2)
c: P recomplies under section 261 ( see section 261(3)(b)
d: for the purposes of the 13-week period in section 233A(1)(b) Relationship with other sections
4: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
237: Sanction for second failure: suspension of main benefit
1: For a second failure by a person ( P
a: P recomplies:
b: MSD cancels P’s main benefit under section 233A
2: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
18: Section 236 amended (Sanction for first failure: reduction of rate of main benefit)
1: Replace section 236(1)(a) and (b)
a: P is ineligible for a non-financial sanction because P does not meet the eligibility requirements in any of the following provisions:
i: section 236A(1)(b)
ii: section 236B(1)(b) to (e)
iii: section 236E(1)(b) to (e)
iv: section 236H(1)(b) to (d)
b: P is eligible for a non-financial sanction because P meets the eligibility requirements in all or any of the provisions specified in paragraph (a)(i) to (iv), and MSD does not impose a non-financial sanction for P’s first failure.
2: Replace section 236(3)
3: If the rate of P’s main benefit is reduced by half under this section, MSD must not, for the first failure of P, impose a non-financial sanction.
19: New sections 236E to 236J inserted
After section 236D
236E: Sanction for first failure: report job search: general
Eligibility
1: This section applies to a person ( P
a: P has a first failure; and
b: either—
i: P is subject to active case management by MSD; or
ii: P has 1 or more dependent children; and
c: P’s first failure is not a failure to comply with a drug-testing obligation; and
d: P has—
i: work-test obligations under either or both of sections 144 and 146; and
ii: no currently-in-force deferrals of, or exemptions from, those work-test obligations; and
e: P’s first failure does not involve either or both of the following:
i: more than 1 failure of the same obligation:
ii: a failure of more than 1 obligation; and
f: MSD is satisfied—
i: that it is appropriate in the circumstances to impose report job search on P; and
ii: that it is more appropriate to impose that sanction than any other sanction that can be imposed for P’s first failure. Imposition
2: If this section applies to P, MSD must, for the first failure of P, impose report job search—
a: under section 232(2)(a)
b: 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. Effect: general
3: If report job search is imposed on P, MSD must not, for the first failure of P, do the following (except under section 236G
a: reduce the rate of P’s main benefit by half under section 236(2)
b: impose a non-financial sanction other than report job search.
4: If report job search is imposed on P,—
a: 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 section 418(1)(ie)
b: 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
c: P must provide MSD with supporting evidence of all of the job-search activities that P has reported under this section,—
i: only to the extent that the evidence is of a kind that it is reasonable in the circumstances for P to provide; and
ii: in a way that MSD decides, and advises P when MSD requires the evidence, is appropriate in the circumstances; and
iii: promptly after MSD requires the evidence, and in any case within 5 days after the prescribed period. Duration
5: Report job search that is imposed on P has effect—
a: from the date stated in the notice of non-financial sanction under section 252A(2)(c)
b: until whichever occurs first of the following:
i: P recomplies after report job search is imposed on P ( see section 261C
ii: the rate of P’s main benefit is reduced to zero under section 236F
iii: a replacement sanction imposed under section 236G Relationship with other legislation
6: This section is subject to sections 236F, 236G, 243AAA, 243, 245 to 248, and 320 to 322.
7: This section does not limit any regulations made under section 432(1) that require a person to undertake 1 or more stated pre-benefit activities that are or include reporting on the progress of job-search activities.
236F: Sanction for first failure: report job search: failure without good and sufficient reason to meet requirements
When this section applies
1: This section applies if, after report job search that is imposed on P has effect,—
a: P has not met the requirements that apply to P under section 236E(4) see
b: 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. When P has not met requirements that apply to P
2: For the purposes of subsection (1)(a) and of section 236G(1)(a) section 236E(4) see section 418(1)(ie)
3: Subsection (2) does not limit the generality of subsection (1)(a) or of section 236G(1)(a) Reasonable period
4: The reasonable period mentioned in subsection (1)(b) and in section 236G(1)(b)
a: MSD considers reasonable in the circumstances of P; and
b: ends no later than the end of the prescribed period for the purposes of section 236E(4) see section 418(1)(ie) MSD must reduce rate of P’s main benefit to zero
5: MSD must reduce the rate of P’s main benefit to zero with effect—
a: 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,—
i: starting on the first day after the prescribed period for the purposes of section 236E(4) see section 418(1)(ie)
ii: starting on the first day of the prescribed period for the purposes of section 236E(4) see section 418(1)(ie)
A: P has in or after that period contacted MSD about P’s non-compliance; and
B: MSD has not been provided with supporting evidence that satisfies MSD of the date of P’s non-compliance; and
b: ending on whichever occurs first of the following events:
i: P recomplies under section 261C(3) and (4)
ii: MSD cancels P’s main benefit under section 233A Exception to general rule about when reduction to zero takes effect
6: However, if P satisfies MSD within a period that complies with subsection (4)(a), but that does not also comply with subsection (4)(b), that a good and sufficient reason existed as to why P failed to meet the requirements that apply to P under section 236E(4) see section 418(1)(ie) Consequences of rate of P’s main benefit being reduced to zero
7: If the rate of P’s main benefit is reduced to zero under subsection (5),—
a: P is no longer required to meet the requirements that apply to P under section 236E(4)
b: P recomplies under section 261C(3) and (4)
c: the 13-week period in section 233A(1)(b) Relationship with other sections
8: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
236G: Sanction for first failure: report job search: replacement sanction if good and sufficient reason why cannot meet requirements
When this section applies
1: This section applies if, at any time after report job search that is imposed on P has effect,—
a: P has not met the requirements that apply to P under section 236E(4) see also section 236F(2) and (3)
b: P has satisfied MSD within the reasonable period specified in section 236H(4) MSD must impose replacement sanction
2: MSD must impose on P, without giving a section 252 notice, a replacement sanction under section 236(2)
a: P satisfies MSD that the good and sufficient reason existed:
b: the date on which the rate of P’s main benefit is reduced to zero under section 236F(5)(a) section 236E(4) see section 418(1)(ie) Consequences of replacement sanction
3: If a replacement sanction under section 236(2)
a: P is no longer required to meet the requirements that apply to P under section 236E(4)
b: the replacement sanction under section 236(2)
c: P recomplies under section 261 ( see
d: for the purposes of the 13-week period in section 233A(1)(b) Relationship with other sections
4: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
236H: Sanction for first failure: upskilling: general
Eligibility
1: This section applies to a person ( P
a: P has a first failure; and
b: either—
i: P is subject to active case management by MSD; or
ii: P has 1 or more dependent children; and
c: P’s first failure is not a failure to comply with a drug-testing obligation; and
d: P’s first failure does not involve either or both of the following:
i: more than 1 failure of the same obligation:
ii: a failure of more than 1 obligation; and
e: MSD is satisfied—
i: that it is appropriate in the circumstances to impose upskilling on P; and
ii: that it is more appropriate to impose that sanction than any other sanction that can be imposed for P’s first failure. Imposition
2: If this section applies to P, MSD must, for the first failure of P, impose upskilling—
a: under section 232(2)(a)
b: 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. Effect: general
3: If upskilling is imposed on P, MSD must not, for the first failure of P, do the following (except under section 236J
a: reduce the rate of P’s main benefit by half under section 236(2)
b: impose a non-financial sanction other than upskilling.
4: If upskilling is imposed on P,—
a: 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 section 418(1)(if)
b: 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
c: P must provide MSD with supporting evidence of all of the programmes or courses that P has reported under this section,—
i: only to the extent that the evidence is of a kind that it is reasonable in the circumstances for P to provide; and
ii: in a way that MSD decides, and advises P when MSD requires the evidence, is appropriate in the circumstances; and
iii: promptly after MSD requires the evidence, and in any case within 5 days after the prescribed period. Duration
5: Upskilling that is imposed on P has effect—
a: from the date stated in the notice of non-financial sanction under section 252A(2)(c)
b: until whichever occurs first of the following:
i: P recomplies after upskilling is imposed on P ( see section 261D
ii: the rate of P’s main benefit is reduced to zero under section 236I
iii: a replacement sanction imposed under section 236J Relationship with other legislation
6: This section is subject to sections 236I, 236J, 243AAA, 243, 245 to 248, and 320 to 322.
236I: Sanction for first failure: upskilling: failure without good and sufficient reason to meet requirements
When this section applies
1: This section applies if, after upskilling that is imposed on P has effect,—
a: P has not met the requirements that apply to P under section 236H(4) see
b: 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. When P has not met requirements that apply to P
2: For the purposes of subsection (1)(a) and of section 236J(1)(a) section 236H(4) see section 418(1)(if)
3: Subsection (2) does not limit the generality of subsection (1)(a) or of section 236J(1)(a) Reasonable period
4: The reasonable period mentioned in subsection (1)(b) and in section 236J(1)(b)
a: MSD considers reasonable in the circumstances of P; and
b: ends no later than the end of the prescribed period for the purposes of section 236H(4) see section 418(1)(if) MSD must reduce rate of P’s main benefit to zero
5: MSD must reduce the rate of P’s main benefit to zero with effect—
a: 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,—
i: starting on the first day after the prescribed period for the purposes of section 236H(4) see section 418(1)(if)
ii: starting on the first day of the prescribed period for the purposes of section 236H(4) see section 418(1)(if)
A: P has in or after that period contacted MSD about P’s non-compliance; and
B: MSD has not been provided with supporting evidence that satisfies MSD of the date of P’s non-compliance; and
b: ending on whichever occurs first of the following events:
i: P recomplies ( see section 261D(3) and (4)
ii: MSD cancels P’s main benefit under section 233A Exception to general rule about when reduction to zero takes effect
6: However, if P satisfies MSD within a period that complies with subsection (4)(a), but that does not also comply with subsection (4)(b), that a good and sufficient reason existed as to why P failed to meet the requirements that apply to P under section 236H(4) see section 418(1)(if) Consequences of rate of P’s main benefit being reduced to zero
7: If the rate of P’s main benefit is reduced to zero under subsection (5),—
a: P is no longer required to meet the requirements that apply to P under section 236H(4)
b: P recomplies under section 261D(3) and (4)
c: the 13-week period in section 233A(1)(b) Relationship with other sections
8: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
236J: Sanction for first failure: upskilling: replacement sanction if good and sufficient reason why cannot meet requirements
When this section applies
1: This section applies if, at any time after upskilling that is imposed on P has effect,—
a: P has not met the requirements that apply to P under section 236H(4) see also section 236I(2) and (3)
b: P has satisfied MSD in the reasonable period specified in section 236I(4) MSD must impose replacement sanction
2: MSD must impose on P, without giving a section 252 notice, a replacement sanction under section 236(2)
a: P satisfies MSD that the good and sufficient reason existed:
b: the date on which the rate of P’s main benefit is reduced to zero under section 236I(5)(a) section 236H(4) see section 418(1)(if) Consequences of replacement sanction
3: If a replacement sanction under section 236(2)
a: P is no longer required to meet the requirements that apply to P under section 236E(4)
b: the replacement sanction under section 236(2)
c: P recomplies under section 261 ( see
d: for the purposes of the 13-week period in section 233A(1)(b) Relationship with other sections
4: This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.
20: Section 238 amended (Sanction for third failure: cancellation of main benefit)
In section 238(3) sections 245 to 248 and 320 to 324 sections 243, 245 to 248, and 320 to 324
21: Section 239 replaced (Reduction or suspension of reduced benefit)
1: Replace section 239
239: Continuation of sanction following regrant of specified benefit
1: This section applies to a person’s ( P’s
a: when P’s specified benefit expires under section 332,—
i: the rate of P’s specified benefit is reduced under section 236
ii: money management imposed on P has effect ( see section 236A
iii: community work experience imposed on P has effect ( see section 236B
iv: P’s specified benefit is suspended under section 237
b: P is regranted a specified benefit under section 336.
2: P’s regranted specified benefit under section 336 is subject to the relevant sanction specified in subsection (1)(a)(i), (ii), (iii), or (iv)—
a: on and after the commencement of that specified benefit; but
b: 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.
2: After section 239(1)(a)(iii)
iiia: report job search imposed on P has effect ( see section 236E
iiib: upskilling imposed on P has effect ( see section 236H
22: Section 242 amended (Failures that cannot be counted)
1: In section 242(1) 12 24
2: In section 242(3) 12-month 24-month
23: New section 243AAA inserted (Exclusion of sanction for first or second failure, if not failure to accept offer of suitable employment, and timely recompliance occurs)
Before section 243
243AAA: Exclusion of sanction for first or second failure, if not failure to accept offer of suitable employment, and timely recompliance occurs
MSD must cancel the imposition of a sanction (for example, a non-financial sanction) for a first or second failure by a person ( P
a: the failure is not a failure to comply with the work-test obligation to accept any offer of suitable employment ( see
b: 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
c: 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.
24: Sections 245 to 248 replaced and amended
1: Replace sections 245 to 248
244A: Meaning of default amount of main benefit payable
In sections 245 to 248 default amount of main benefit payable
a: the applicable rate of the main benefit payable to them (before any reduction on account of income):
b: the appropriate income test applying to that rate:
c: regulations made under section 442(2)(e) (regulations: payments: apportionment) for the purposes of section 337 (how benefits are paid):
d: all other legislation that affects (for example, that requires deductions from) any amount of the main benefit payable to them.
245: Variation for breach of specified obligation by one spouse or partner
When this section applies
1: This section applies if—
a: a main benefit is payable at a work-test couple rate; and
b: 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
c: the reduction of the rate of benefit (by half or to zero), or the money management, suspension, or cancellation of the benefit, results from—
i: the failure of one spouse or partner ( P
ii: the application to one spouse or partner ( P Reduction (by half or to zero) of rate of benefit, or money management, suspension, or cancellation of benefit
2: For the period that the rate of 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,—
a: 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
b: the other spouse or partner is entitled to receive any default amount of main benefit payable to them.
3: Any amount remaining after a reduction by half, or money management, is applied under subsection (2)(a) is payable to P.
246: Variation for breach of specified obligation by both spouses or partners
When this section applies
1: This section applies if—
a: a main benefit is payable at a work-test couple rate; and
b: 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
i: the failure of one spouse or partner ( P
ii: the application to one spouse or partner ( P
c: 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
i: the failure of the other spouse or partner to comply with 1 or more specified obligations under this Act; or
ii: the application to the other spouse or partner of section 227; and
d: the couple have no dependent children. Reduction (by half or to zero) of rate of benefit, or money management, suspension, or cancellation of benefit
2: For the period that sanction A and sanction B both apply,—
a: sanction A applies only to any default amount of main benefit payable to P; and
b: sanction B applies only to any default amount of main benefit payable to the other spouse or partner.
3: Any amount remaining after a sanction is applied under subsection (2)(a) or (b) is payable to the spouse or partner referred to in that paragraph.
247: Variation for reduction of rate of benefit (by half or to zero), or money management, suspension, or cancellation of benefit, or non-entitlement period, affecting couple with 1 or more dependent children
When this section applies
1: This section applies if—
a: a main benefit is payable at a work-test couple rate; and
b: either—
i: 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
A: the failure of one spouse or partner ( P
B: the application to one spouse or partner ( P
ii: under sections 225 and 227, one spouse or partner ( P
A: has not been granted a main benefit; and
B: is not entitled for a period of 13 weeks ( non-entitlement period A
c: either—
i: 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
A: the failure of the other spouse or partner to comply with 1 or more specified obligations under this Act; or
B: the application to the other spouse or partner of section 227; or
ii: under sections 225 and 227, the other spouse or partner—
A: has not been granted a main benefit; and
B: is not entitled for a period of 13 weeks ( non-entitlement period B
d: the couple have 1 or more dependent children. Reduction (by half or to zero) of rate of benefit, or benefit subject to money management, suspension, cancellation, or non-entitlement period
2: For the period that sanction A or non-entitlement period A, and sanction B or non-entitlement period B, applies,—
a: sanction A or non-entitlement period A applies,—
i: if it is a reduction by half or money management, only to any default amount of main benefit payable to P; or
ii: if it is a reduction to zero, a suspension, or cancellation, or a non-entitlement period, only to half of any default amount of main benefit payable to P; and
b: sanction B or non-entitlement period B applies,—
i: if it is a reduction by half or money management, only to any default amount of main benefit payable to the other spouse or partner; or
ii: if it is a reduction to zero, a suspension, or cancellation, or a non-entitlement period, only to half of any default amount of main benefit payable to the other spouse or partner.
3: Any amount remaining after a sanction or a non-entitlement period is applied under subsection (2)(a) or (b) is payable to the spouse or partner referred to in that paragraph.
248: Variation for reduction to zero of rate of main benefit, or suspension or cancellation of main benefit, or non-entitlement period, affecting sole parent
When this section applies
1: This section applies if,—
a: under any 1 or more of sections 227, 232, 233A, 236, 236A, 236C, and 236D, for a main benefit of a person ( P
b: under sections 225 and 227, a sole parent ( P
i: has not been granted a main benefit; and
ii: is not entitled for a period of 13 weeks to a work-tested benefit. Reduction to zero of rate of benefit, or benefit subject to suspension, cancellation, or non-entitlement period
2: For the period of the reduction to zero, suspension, cancellation, or non-entitlement,—
a: the reduction to zero, suspension, cancellation, or non-entitlement applies only to half of any default amount of main benefit payable to P; and
b: P is entitled to receive half of any default amount of main benefit payable to P.
2: In sections 245(1)(b) and (2) 246(1)(b) and (c) 247(1)(b)(i) and (c)(i) 248(1)(a) and 236D 236D, 236F, 236G, 236I, and 236J
25: Section 252 amended (MSD must give notice of sanction)
1: In section 252(1) reduce the rate of
2: Replace section 252(2)(c)
c: either,—
i: if P’s failure is a first or second failure and the specified obligation is not the work-test obligation to accept any offer of suitable employment ( see
ii: if P’s failure is a third failure or the specified obligation is the work-test obligation to accept any offer of suitable employment, state that, on the basis of P’s failure, MSD is cancelling P’s benefit; and
3: In section 252(2)(g) reduce the rate of
4: After section 252(2)(g)
ga: advise P that MSD may, instead of reducing the rate of the benefit, impose a non-financial sanction on P, but only if—
i: P is eligible for a non-financial sanction ( see sections 236A(1) and 236B(1)
ii: in the 5 working days from the giving of the notice, P discusses with MSD, in an appointment with MSD, P’s failure to comply; and
5: In section 252(2)(ga)(i) 236A(1) and 236B(1) 236A(1), 236B(1), 236E(1), and 236H(1)
6: After section 252(2)
3: No section 252 notice is required for a replacement sanction imposed under section 236D
7: In section 252(3) 236D , 236G, or 236J
26: New section 252A inserted (MSD must give notice of non-financial sanction)
1: After section 252
252A: MSD must give notice of non-financial sanction
1: Before, on, or as soon as is reasonably practicable after, imposing a non-financial sanction on a person ( P section 252A notice
2: The notice must state—
a: the non-financial sanction that is to be, or has been, imposed on P; and
b: that sanction’s requirements (including, without limitation, what P must do while P is subject to that sanction); and
c: 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
d: the duration of that sanction ( see sections 236A(6) and 236B(5)
e: 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
2: In section 252A(2)(d) 236A(6) and 236B(5) 236A(6), 236B(5), 236E(5), and 236H(5)
3: In section 252A(2)(e) or 261B 261B, 261C, or 261D
27: Section 254 amended (How notice of sanction may be given)
1: In the heading to section 254 sanction or of non-financial sanction
2: In section 254(1) a section 252 notice or a section 252A notice
28: Section 256 amended (When reduction, suspension, or cancellation of benefit takes effect)
1: In the heading to section 256 reduction, suspension, or cancellation of benefit sanction
2: In section 256 The reduction, suspension, or cancellation of a benefit A sanction (including, without limitation, a non-financial sanction)
3: In section 256
2: However, a replacement sanction imposed under section 236D
4: Replace section 256(2)
2: However,—
a: a replacement sanction imposed under section 236D
b: a replacement sanction imposed under section 236G
c: a replacement sanction imposed under section 236J
29: Section 261 amended (How person recomplies after failure to comply with obligation)
1: Replace section 261(3)
3: This section does not apply to recompliance with—
a: an obligation, if a failure to comply with it resulted in money management being imposed and taking effect ( see section 261A
b: an obligation, if a failure to comply with it resulted in community work experience being imposed and taking effect ( see section 261B see section 236D
c: a drug-testing obligation ( see
2: After section 261(3)(b)
ba: an obligation, if a failure to comply with it resulted in report job search being imposed and taking effect ( see section 261C see section 236G
bb: an obligation, if a failure to comply with it resulted in upskilling being imposed and taking effect ( see section 261D see section 236J
30: New sections 261A and 261B inserted
After section 261
261A: How person recomplies after failure that resulted in money management being imposed and taking effect
1: This section sets out how a person ( P
a: to comply with an obligation; and
b: that resulted in money management being imposed on P and taking effect.
2: P recomplies when both of the following have occurred:
a: 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):
b: money management imposed on P ceases to have effect under section 236A(6)
3: However, if the obligation that P failed to comply with is a drug-testing obligation, subsection (2)(a) requires P to recomply under section 263 (how person recomplies after failure to comply with drug-testing obligation).
4: However, subsection (5) applies instead of subsection (2) if MSD has—
a: reduced the rate of P’s main benefit to zero under section 236A
b: not yet cancelled P’s main benefit under section 233A
5: P recomplies if P remedies P’s failure under section 261.
6: However, if the obligation that P failed to comply with is a drug-testing obligation, subsection (5) requires P to recomply under section 263 (how person recomplies after failure to comply with drug-testing obligation).
261B: How person recomplies after failure that resulted in community work experience being imposed and taking effect
1: This section sets out how a person ( P
a: to comply with an obligation; and
b: that resulted in community work experience being imposed on P and taking effect.
2: P recomplies if P meets the requirements of community work experience that apply to P under section 236B(4)
3: However, subsection (4) applies instead of subsection (2) if MSD has—
a: reduced the rate of P’s main benefit to zero under section 236C
b: not yet cancelled P’s main benefit under section 233A
4: P recomplies if P remedies P’s failure under section 261.
31: New sections 261C and 261D inserted
After section 261B
261C: How person recomplies after failure that resulted in report job search being imposed and taking effect
1: This section sets out how a person ( P
a: to comply with an obligation; and
b: that resulted in report job search being imposed on P and taking effect.
2: P recomplies if P meets the requirements of report job search that apply to P under section 236E(4)
3: However, subsection (4) applies instead of subsection (2) if MSD has—
a: reduced the rate of P’s main benefit to zero under section 236F
b: not yet cancelled P’s main benefit under section 233A
4: P recomplies if P remedies P’s failure under section 261.
261D: How person recomplies after failure that resulted in upskilling being imposed and taking effect
1: This section sets out how a person ( P
a: to comply with an obligation; and
b: that resulted in upskilling being imposed on P and taking effect.
2: P recomplies if P meets the requirements of upskilling that apply to P under section 236H(4)
3: However, subsection (4) applies instead of subsection (2) if MSD has—
a: reduced the rate of P’s main benefit to zero under section 236I
b: not yet cancelled P’s main benefit under section 233A
4: P recomplies if P remedies P’s failure under section 261.
32: Section 262 replaced (Impossibility of remedying failure of work-test obligation)
Replace section 262
262: Impossibility of remedying failure of work-preparation or work-test obligation
If it is impossible to remedy a failure to comply with a work-preparation or work-test obligation, a person ( P
33: Section 263 amended (How person recomplies after failure to comply with drug-testing obligation)
1: In section 263(2) 12–month 24-month
2: In section 263(3) 12-month 24-month
34: Section 265 amended (Failure of drug test for purposes of recompliance constitutes third failure)
In section 265 12-month 24-month
35: New section 270A inserted (Cancellation of youth payment and incentive payments for continuing failure to comply)
After section 270
270A: Cancellation of youth payment and incentive payments for continuing failure to comply
1: MSD must cancel a young person’s ( P’s
a: MSD has, under section 270, imposed a sanction described in section 270(2) on P; and
b: P fails to recomply, within 13 weeks after the sanction takes effect, with each obligation—
i: for which the sanction was imposed for a failure to comply with; and
ii: that P has not ceased to have; and
c: section 320 does not apply to P.
2: On cancellation under this section of P’s youth payment,—
a: MSD must also cancel the following benefits if P is receiving them:
i: accommodation supplement:
ii: temporary additional support:
iii: disability allowance (but not child disability allowance); but
b: 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.
3: On cancellation under this section of P’s youth payment, to be again entitled to youth payment under this Act, P must apply for youth payment and establish that P is eligible for youth payment.
4: If P is again entitled to youth payment under this Act, to be entitled again to incentive payments, P must satisfy the criteria for incentive payments (as those criteria are prescribed for the purposes of section 55 by regulations made under section 418(1)(c)).
36: Section 272 amended (Effect of cancellation of youth payment on accommodation supplement or temporary additional support)
In section 272(3)(a) and (b) any accommodation supplement or temporary additional support the rate of
37: Section 276 amended (Sanctions for failure by young person required to receive youth services to comply with obligations: other cases)
1: In section 276(3)(a) or suspension in the rate of
2: After section 276(3)
4: Section 232(3)
38: Section 278 amended (Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases)
1: In section 278(3)(a) or suspension in the rate of
2: After section 278(3)
4: Section 232(3)
39: New section 280A inserted (Cancellation of young parent payment and incentive payments for continuing failure to comply)
After section 280
280A: Cancellation of young parent payment and incentive payments for continuing failure to comply
1: MSD must cancel a young person’s ( P’s
a: MSD has, under section 280, imposed a sanction described in section 280(2) on P; and
b: P fails to recomply, within 13 weeks after the sanction takes effect, with each obligation—
i: for which the sanction was imposed for a failure to comply with; and
ii: that P has not ceased to have; and
c: section 320 does not apply to P.
2: On cancellation under this section of P’s young parent payment,—
a: MSD must also cancel the following benefits if P is receiving them:
i: accommodation supplement:
ii: temporary additional support:
iii: disability allowance (but not child disability allowance); but
b: 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.
3: On cancellation under this section of P’s young parent payment, to be again entitled to young parent payment under this Act, P must apply for young parent payment and establish that P is eligible for young parent payment.
4: If P is again entitled to young parent payment under this Act, to be entitled again to incentive payments, P must satisfy the criteria for incentive payments (as those criteria are prescribed for the purposes of section 62 by regulations made under section 418(1)(d)).
40: Section 282 amended (Effect of cancellation of young parent payment)
In section 282(2) (restoration of entitlement after suspension, reduction, cancellation, or non-entitlement) (restoration of entitlement after suspension, reduction, non-financial sanction, cancellation, or non-entitlement)
41: Section 283 amended (Effect of cancellation of young parent payment on accommodation supplement or temporary additional support)
In section 283(3)(a) and (b) any accommodation supplement or temporary additional support the rate of
42: New section 285A and cross-heading inserted (Exclusion of sanction for first or second failure if timely recompliance occurs)
After section 285 Special cases: variations on ordinary sanctions rules
285A: Exclusion of sanction for first or second failure if timely recompliance occurs
MSD must not impose a sanction under section 270 or 280 for a first or second failure by a young person if the young person recomplies within 5 working days of being given a section 252 notice in relation to the failure.
43: Section 287 replaced (Procedure for imposing sanctions for failure to comply with young person or young parent obligation)
Replace section 287
287: Procedure for imposing sanctions for failure to comply with young person or young parent obligation
1: The following sections apply with all necessary modifications, and subject to the express modifications set out in subsection (2), to the imposition of sanctions under sections 270, 271, 280, and 281:
a: sections 240 to 242 (how number of failures is counted):
b: sections 252 to 256 (procedure for imposing sanctions).
2: The express modifications referred to in subsection (1) are as follows:
a: the words “24 months” in section 242(1) must be read as “12 months”:
b: the words “24-month period” in section 242(3) must be read as “12-month period”.
287A: Procedure for imposing sanctions under section 276(2) or 278(2)
1: This section applies to a young person who is subject to a sanction—
a: under any of sections 233 and 236 to 239; and
b: for a failure that section 276(2)(a) or (b) or 278(2)(a) or (b) requires to be treated as having occurred.
2: Section 242 applies to the young person—
a: with any necessary modifications; and
b: subject to the express modifications set out in subsection (3).
3: The express modifications referred to in subsection (2)(b) are as follows:
a: the words “24 months” in section 242(1) must be read as “12 months”:
b: the words “24-month period” in section 242(3) must be read as “12-month period”.
44: Section 298 amended (MSD must inquire into claim for benefit)
Before section 298(2)(a)
aaa: sections 183A to 183D
45: Cross-heading above section 320 amended
In the cross-heading above section 320 suspension, reduction, non-financial sanction,
46: Section 320 amended (Effect of no longer being subject to work-test or young person obligations)
1: In section 320(1) a person whose benefit has been suspended or reduced, a person whose benefit has been suspended, or whose rate of benefit has been reduced (by half or to zero), or who is subject to a non-financial sanction,
2: In section 320(1) 236 236A, 236B,
3: In section 320(1) 236B, 236E, 236H,
4: In section 320(1)(a) and (b) other than because of the imposition of that suspension, reduction, non-financial sanction,
5: In section 320(2)(a) suspension or reduction of the benefit suspension of the benefit or reduction (by half or to zero) of the rate of benefit
6: After section 320(2)(a)
aa: the non-financial sanction ceases to have effect in respect of the person; or
47: Section 321 amended (Effect of no longer being subject to dependent children obligations)
1: In section 321(1)(a) 236 236A, 236B,
2: In section 321(1)(a) 236B, 236E, 236H,
48: Section 322 amended (Effect of no longer being subject to work-preparation obligations)
1: In section 322(1)(a) 236 236A, 236B,
2: In section 322(1)(a) 236B, 236E, 236H,
49: Section 325 amended (General rule if person’s entitlement to benefit ceases)
Replace section 325(2)
2: This section is subject to sections 326 to 330, and to regulations made under section 441(1), (2)(d), and (4A)
a: the specified benefit; and
b: all other assistance under this Act—
i: that is payable to the person immediately before the expiry date for the specified benefit; and
ii: that would have continued to be payable to the person had their specified benefit not expired.
50: Section 332 amended (General rule)
Replace section 332(2)
2: This section is subject to sections 334 and 336, and to regulations made under section 441(1), (2)(d), and (4A)
a: the specified benefit; and
b: all other assistance under this Act—
i: that is payable to the person immediately before the expiry date for the specified benefit; and
ii: that would have continued to be payable to the person had their specified benefit not expired.
51: Section 334 replaced (Exemptions)
Replace section 334
334: Exceptions for specified benefit based on prescribed circumstances
1: This section applies to a specified benefit if 1 or more of the prescribed circumstances apply to the beneficiary at any time or times, or at all times, on or after the date on which—
a: 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
b: MSD takes reasonable steps to advise the beneficiary of those matters, as required by section 335(2) and (3).
2: In particular, this section applies (without limiting the generality of subsection (1)) to a specified benefit if 1 or more of the prescribed circumstances apply to the beneficiary at any time or times, or at all times,—
a: on or after the expiry date for that benefit; and
b: within any period regulations made under section 441 provide for completing requirements for regrant of that benefit.
3: The specified benefit—
a: does not expire under section 332; and
b: 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.
4: This section overrides sections 325 and 332, but does not limit any review under section 304.
5: In this section, prescribed circumstances
a: circumstances in which under this section a specified benefit does not expire under section 332; and
b: prescribed for the purposes of this section by regulations made under section 441(1).
52: Section 339 amended (Payment generally to, or on account of, beneficiary personally)
After section 339(2)(a)
aa: section 340A
53: Section 340 amended (Required manner of payment: general)
Before section 340(2)(a)
aaa: section 340A
54: New sections 340A and 340B inserted
After section 340
340A: Required manner of payment: money management for certain payments to people subject to sanction for first failure
1: Regulations made under section 418(1)(jb) P
a: who is subject to a sanction for a first failure; and
b: to whom section 236A
c: while money management imposed on P has effect.
2: Those regulations may, without limitation,—
a: 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 section 418(1)(ia)
i: that MSD considers are essential; and
ii: from participating suppliers:
b: define participating suppliers:
c: 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—
i: the prescribed proportion of the specified arrears is credited to P’s payment card; and
ii: the rest of the specified arrears is paid to P personally under section 339(1)):
d: 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—
i: from P personally; and
ii: not from, or from amounts to be credited to, P’s payment card):
e: 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—
i: section 346 (required manner of payment: payment on death of beneficiary); or
ii: any applicable regulations made under section 442 for the purposes of section 337 (how benefits are paid).
340B: Credit on payment card at end of money management
1: This section applies to a person to whom section 236A P
a: money management—
i: is imposed on P, and has effect, when P dies; or
ii: was, but is no longer, imposed on P (whether or not P has died); and
b: under the prescribed required manner of payment for money management for certain payments to P ( see section 340A section 418(1)(jb)
c: the amounts on the card have not been fully spent.
2: An application to MSD to have MSD pay the amount standing to the credit of P on the card to, or on account of, P under section 339 may be made by,—
a: if P is alive, P or a person acting on P’s behalf; or
b: if P has died and has a surviving spouse or partner, P’s surviving spouse or partner; or
c: 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
d: if P has died and has no surviving spouse, partner, or dependent child, P’s personal representative.
3: An application made under this section may be made—
a: orally or in writing; and
b: in any form, and using any wording, that is reasonable for the purpose.
4: On an application made under this section, MSD may pay the amount standing to the credit of P on the card to, or on account of, P under section 339.
55: Section 346 amended (Required manner of payment: payment on death of beneficiary)
1: In section 346 that instalment the instalment
2: After section 346(b)
ba: if the instalment and the beneficiary were subject to money management, in the manner in which the instalment would have been paid if—
i: the beneficiary had not died; and
ii: the instalment and the beneficiary had not been subject to money management; or
56: Subpart 5A heading in Part 6 amended
In Part 6, in the subpart 5A in respect of information share child support payments
57: Section 363A amended (Use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions)
1: Replace the heading above section 363A(3) What specified provision must be about
2: Replace section 363A(3)
3: The specified provision must be about—
a: how an information share child support payment is or affects any person’s assets, income, or other means of any kind (however described), for the purposes of, or for any purpose related to,—
i: a benefit; or
ii: any other assistance under this Act; or
b: sanctions for breach of obligations other than young person or young parent obligations; or
c: sanctions for breach of young person or young parent obligations.
58: Section 363A amended (Use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions)
After section 363A(3)(c)
d: expiry and regrant of specified benefits.
59: Section 418 amended (Regulations: general)
1: Before section 418(1)(j)
ia: section 236A(4)(a)
ib: section 236A(5) and (6)(b)
ic: sections 236B(4) and 236C
id: sections 236B(4) and 236C
2: After section 418(1)(id)
ie: sections 236E(4) and 236F(2) and (4)
if: sections 236H(4) and 236I(2) and (4)
3: After section 418(1)(ja)
jb: section 340A
60: Section 441 amended (Regulations: expiry and regrant of specified benefits)
1: Replace section 441(2)(c) and (d)
c: specify circumstances for the exception under section 334(1)
d: specify, for section 336(2), requirements—
i: for the regrant of a specified benefit; and
ii: that may override sections 325 to 332 in the way specified in subsection (4A); but
iii: that must otherwise be not inconsistent with this Act.
2: After section 441(4)
4A: Subsection (2)(d) authorises (without limitation) the regulations to require granting and payment to a person of conditional payments of—
a: the specified benefit; and
b: all other assistance under this Act—
i: that is payable to the person immediately before the expiry date for the specified benefit; and
ii: that would have continued to be payable to the person had their specified benefit not expired.
4B: Conditional payments mentioned in subsection (4A) are—
a: for the relevant period, on and after that expiry date, in which the requirements for regrant of the specified benefit must be completed; and
b: subject to the condition that the person is liable to repay the whole of any amount paid for that relevant period if the person’s specified benefit is not regranted.
61: Amendments to update references to money management
Amend the principal Act as set out in Schedule 1
62: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 2
b: make all necessary consequential amendments.
63: Schedule 2 amended
1: In Schedule 2 community work experience sections 232(2)(a) and 236B default amount of main benefit payable section 244A sections 245 to 248 jobseeker profile sections 183A to 183D money management sections 232(2)(a) and 236A non-financial sanction
a: money management:
b: community work experience section 252A notice section 252A youth money management manner of payment
2: In Schedule 2 drug-testing obligation
a: before 250, 236B,
b: after 261, 261A,
3: In Schedule 2 drug-testing obligation 236B, 236E, 236H,
4: In Schedule 2 job-search activity job-search activity P
a: as a work-tested beneficiary, or under section 261, 261C, or 324; and
b: to seek or obtain employment (including, without limitation, to help to comply with P’s work-test obligation under section 144(a) to be available for, and take reasonable steps to obtain, suitable employment)
5: In Schedule 2 non-financial sanction non-financial sanction
a: money management:
b: community work experience:
c: report job search:
d: upskilling
6: In Schedule 2 report job search sections 232(2)(a) and 236E upskilling sections 232(2)(a) and 236H
7: In Schedule 2 money management manner of payment
8: In Schedule 2 prescribed circumstances prescribed circumstances section 334(5)
2: Amendments to Social Security Regulations 2018
64: Principal regulations
This Part amends the Social Security Regulations 2018 2025-05-26 Social Security Regulations 2018 refer to section 2(2) 2025-07-01 Social Security Regulations 2018 refer to section 2(3)(h) to (m) 2025-10-20 Social Security Regulations 2018 refer to section 2(4)(w), (x)
65: Regulation 163 amended (Guide to Part 5)
1: After regulation 163(a)
aa: prescribes a proportion and a period for the non-financial sanction called money management; and
ab: prescribes a search period, and a minimum number of hours per week for a minimum number of weeks, for the non-financial sanction called community work experience; and
2: After regulation 163(ab)
ac: prescribes a period, and a minimum number of job-search activities per week, for the non-financial sanction called report job search; and
ad: prescribes a period, and a minimum number of hours per week of attendance at and participation in 1 or more employment-related training programmes or courses that MSD considers are suitable, for the non-financial sanction called upskilling; and
66: New regulations 163A and 163B inserted
After regulation 163
163A: Money management: prescribed proportion and prescribed period
1: For the purposes of section 236A(4)(a)
2: For the purposes of section 236A(5) and (6)(b)
163B: Community work experience: prescribed search period and prescribed minimum number of hours per week for prescribed minimum number of weeks
1: For the purposes of sections 236B(4) and 236C
2: For the purposes of sections 236B(4) and 236C
a: the prescribed minimum number of hours per week is 5; and
b: the prescribed minimum number of weeks (that start as specified in section 236B(4)(b)(ii)
67: New regulations 163C and 163D inserted
After regulation 163B
163C: Report job search: prescribed period and prescribed minimum number of job-search activities per week
1: For the purposes of sections 236E(4) and 236F(2) and (4)
2: For the purposes of section 236E(4)
163D: Upskilling: prescribed period and prescribed minimum number of hours per week of attendance at, and participation in, 1 or more employment-related training programmes or courses
1: For the purposes of sections 236H(4) and 236I(2) and (4)
2: For the purposes of section 236H(4)
68: Regulation 165 amended (Guide to Part 6)
In regulation 165(c) 190 190P
69: Regulation 165 amended (Guide to Part 6)
After regulation 165(d)
da: subpart 4A (regulation 192A) deals with money management:
70: Regulation 187 amended (Expiry date for jobseeker support)
1: In the heading to regulation 187(1) 12-month anniversary of 26 weeks after
2: In regulation 187(1) to (6)) the 12-month anniversary of and (3)) the date that is 26 weeks after
3: Replace regulation 187(2)
2: For a beneficiary whose sole parent support is replaced with jobseeker support under section 33 of the Act when the beneficiary’s youngest dependent child turns 14 years old, that expiry date is the earlier of—
a: the 12-month anniversary of the date on which the beneficiary’s original benefit commenced or, as the case may be, last commenced; and
b: the date that is 26 weeks after the beneficiary’s jobseeker support commenced.
4: Revoke regulation 187(4) to (6)
71: Regulation 189 replaced (Exemptions from expiry)
Replace regulation 189
189: Circumstances in which under section 334 of Act specified benefit does not expire under section 332 of Act
Each of the following paragraphs prescribes circumstances in which under section 334
a: the beneficiary is a patient in hospital care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001:
b: 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:
c: 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:
d: 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:
e: 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).
72: Regulation 190 replaced (Requirements for regrant of specified benefits)
Replace regulation 190 Requirements for regrant: specified benefits other than jobseeker support
190: Specified benefits to which regulations 190A to 190G apply
1: Regulations 190A to 190G
2: A reference in regulations 190A to 190G see regulations 190H to 190P
190A: Requirements for reapplication form, supporting evidence, etc
1: A specified benefit must not be regranted to a person to whom section 336 of the Act applies unless—
a: MSD has received—
i: a reapplication form (provided by MSD for the purpose) completed to MSD’s satisfaction by or on behalf of the beneficiary and the beneficiary’s spouse or partner who is included in the beneficiary’s specified benefit (if any) (in this regulation, and in regulations 190B to 190G included spouse or partner
ii: any supporting evidence reasonably required by MSD; and
b: 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.
2: Subclause (1) is subject to subclause (3) and to regulations 190B to 190G
3: For the purposes of this regulation, a failure of a beneficiary’s work-tested spouse or partner to participate in a comprehensive work assessment in accordance with subclause (1)(b)—
a: must not be treated as a failure to complete the requirements of subclause (1)(a) and (b); but
b: must be treated as a failure by that spouse or partner to comply with that spouse’s or partner’s work-test obligations.
190B: Requirements completed before expiry date
1: This regulation applies only if, in relation to a person, the requirements of regulation 190A(1)(a) and (b)
2: MSD must regrant the person’s specified benefit if MSD is satisfied that the person meets or continues to meet the eligibility criteria for that benefit.
3: If regranted, that benefit commences on that expiry date.
190C: Requirements completed in 20 working days starting on expiry date
1: This regulation applies if, in relation to a person and any included spouse or partner,—
a: the requirements of regulation 190A(1)(a) and (b)
b: 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:
i: gave the beneficiary a notice stating the matters set out in section 335(1)(a) to (c) of the Act, as required by section 335(1) of the Act; or
ii: took reasonable steps to advise the beneficiary of those matters, as required by section 335(2) and (3) of the Act.
2: MSD must regrant the person’s specified benefit if MSD is satisfied that—
a: 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
b: 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.
3: If regranted, that benefit commences on that expiry date.
4: If regranted, that benefit is not payable to the person for the relevant period as well as the conditional payment to the person for the relevant period of the following that are payable under regulation 190E
a: the specified benefit; and
b: the other assistance specified in regulation 190E(3)(b)
190D: Person intending to reapply contacts MSD before expiry date
1: This regulation applies if a person intending to reapply for a specified benefit, or any included spouse or partner, contacts MSD before the expiry date for the person’s specified benefit.
2: MSD may set a time (being a time within 10 working days starting on that expiry date) before which the requirements of regulation 190A(1)(a) and (b)
3: If those requirements are completed (by the person and by any included spouse or partner) before that time, MSD may regrant that benefit if MSD is satisfied that—
a: 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
b: 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.
4: If regranted, that benefit commences on that expiry date.
5: If regranted, that benefit is not payable to the person for the relevant period as well as the conditional payment to the person for the relevant period of the following that are payable under regulation 190E
a: the specified benefit; and
b: the other assistance specified in regulation 190E(3)(b)
190E: Conditional payment of specified benefit and other assistance
1: This regulation applies only if, in relation to a person,—
a: the requirements of regulation 190A(1)(a) and (b)
b: the person’s specified benefit is not regranted, and does not commence on that expiry date, under regulation 190B(2) and (3)
c: those requirements may be completed in the relevant period.
2: The relevant period
a: the 20-working-day period mentioned in regulation 190C
b: if regulation 190D
i: starts when the person, or any included spouse or partner, contacts MSD; and
ii: ends at the time MSD sets under regulation 190D regulation 190A(1)(a) and (b)
3: MSD must, for the relevant period, grant and pay the person—
a: the specified benefit; and
b: all other assistance under this Act—
i: payable to the person immediately before the expiry date for the specified benefit; and
ii: that would have continued to be payable to the person had their specified benefit not expired.
4: Subclause (3) does not limit any review under section 304 of the Act.
5: Payment of a benefit and assistance granted under this regulation is subject to the condition that the person is liable to repay the whole of any amount paid for the relevant period if the person’s specified benefit is not regranted under regulation 190C or 190D
6: Any amount the person is liable to repay under this regulation is a debt due to the Crown and subject to recovery under section 362(1) of the Act (MSD’s duty to recover debts) by MSD from the person.
190F: When reapplication form meets application form requirements
Regulations 190A to 190D
190G: When reapplication form treated as new application form
1: This regulation applies to a person if the requirements of regulation 190A(1)(a) and (b)
a: 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
b: 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.
2: The specified benefit must not be regranted to the person.
3: Any reapplication form received from or on behalf of that person must be treated as an application form for the purposes of section 297(1) of the Act and regulation 166. Requirements for regrant: specified benefits that are jobseeker support
190H: Specified benefits to which regulations 190J to 190P apply
Regulations 190J to 190P
190I: Meaning of period allowed to complete requirements
Definition
1: In regulations 190J to 190P period allowed to complete the requirements
a: for the purposes of the person and any included spouse or partner completing requirements in regulation 190J(1)(a) and (b)
b: for the purposes of the person and any included spouse or partner completing requirements in regulation 190J(1)(c) Period for requirements in regulation 190J(1)(a) and (b)
2: The period for requirements in regulation 190J(1)(a) and (b)
a: 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
b: 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. Period for requirements in regulation 190J(1)(c)
3: The period for requirements in regulation 190J(1)(c)
a: 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
b: 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.
190J: Requirements for reapplication form, supporting evidence, etc
Requirements
1: Jobseeker support must not be regranted to a person unless—
a: MSD receives within the period allowed to complete the requirements—
i: a reapplication form (provided by MSD for the purpose) completed to MSD’s satisfaction by the person, and by the person’s spouse or partner who is included in the person’s jobseeker support (if any) (in regulation 190I regulations 190K to 190P included spouse or partner
ii: any supporting evidence reasonably required by MSD; and
b: 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
c: MSD is satisfied within the period allowed to complete the requirements that—
i: information provided by or on behalf of the person and any included spouse or partner shows that the person meets the requirements in section 20(a) and (c) to (e) of the Act; and
ii: the person is available for work (within the meaning of sections 20(b) and 22 of the Act) and has participated, to the satisfaction of MSD, in an engagement that MSD considers suitable for improving their work readiness or prospects for employment; and
iii: any work-tested spouse or partner (if they are an included spouse or partner) has participated, to MSD’s satisfaction, in an engagement that MSD considers suitable for improving their work readiness or prospects for employment. Requirements subject to subclauses (3) to (5) and to regulations 190K to 190P
2: Subclause (1) is subject to—
a: subclauses (3) to (5); and
b: regulations 190K to 190P Exception to requirements in subclause (1)(a) to (c)
3: Any included spouse or partner is not required to complete the requirements in subclause (1)(a) to (c) regulation 189 Exception to requirements in subclause (1)(c)(ii)
4: The requirements in subclause (1)(c)(ii) do not apply to—
a: a person who holds an exemption granted under section 158(1) of the Act from all of the person’s—
i: work-preparation obligations; and
ii: work-test obligations; or
b: a person who is receiving jobseeker support on the ground of a health condition, injury, or disability, and who has—
i: a job to return to; and
ii: a confirmed return-to-work date. How MSD may be satisfied requirements in subclause (1)(a) to (c) completed
5: Requirements in subclause (1)(a) to (c) may be completed at different times within the period allowed to complete the requirements, and MSD may be satisfied that those requirements are completed based on information—
a: available to MSD during that period; and
b: related to the circumstances of the person and any included spouse or partner, and to their entitlement to assistance under this Act.
190K: Requirements completed before expiry date
1: This regulation applies only if, in relation to a person, the requirements of regulation 190J(1)(a) to (c)
2: MSD must regrant the person’s jobseeker support.
3: If regranted, that benefit commences on that expiry date.
190L: Requirements completed in 20 working days starting on expiry date
1: This regulation applies if, in relation to the person and any included spouse or partner,—
a: the requirements of regulation 190J(1)(a) to (c)
b: 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.
2: MSD must regrant the person’s jobseeker support if MSD is satisfied that—
a: the person meets the eligibility criteria for that benefit in section 20 of the Act; and
b: 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.
3: If regranted, that benefit commences on that expiry date.
4: If regranted, that benefit is not payable to the person for the relevant period as well as the conditional payment to the person for the relevant period of the following that are payable under regulation 190N
a: jobseeker support; and
b: the other assistance specified in regulation 190N(3)(b)
190M: Person intending to reapply contacts MSD before expiry date
1: This regulation applies if a person intending to reapply for jobseeker support, or any included spouse or partner, contacts MSD before the expiry date for the person’s jobseeker support.
2: MSD may set a time (being a time within 10 working days starting on that expiry date) before which the requirements of regulation 190J(1)(a) to (c)
3: If those requirements are completed (by the person and by any included spouse or partner) before that time, MSD may regrant the person’s jobseeker support if MSD is satisfied that—
a: the person meets the eligibility criteria for that benefit in section 20 of the Act; and
b: 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.
4: If regranted, that benefit commences on that expiry date.
5: If regranted, that benefit is not payable to the person for the relevant period as well as the conditional payment to the person for the relevant period of the following that are payable under regulation 190N
a: jobseeker support; and
b: the other assistance specified in regulation 190N(3)(b)
190N: Conditional payment of jobseeker support and other assistance
1: This regulation applies only if, in relation to a person,—
a: the requirements of regulation 190J(1)(a) to (c)
b: the person’s jobseeker support is not regranted, and does not commence on that expiry date, under regulation 190K(2) and (3)
c: those requirements may be completed in the relevant period.
2: The relevant period
a: the 20-working-day period mentioned in regulation 190L
b: if regulation 190M
i: starts when the person, or any included spouse or partner, contacts MSD; and
ii: ends at the time MSD sets under regulation 190M regulation 190J(1)(a) to (c)
3: MSD must, for the relevant period, grant and pay the person—
a: jobseeker support; and
b: all other assistance under this Act—
i: payable to the person immediately before the expiry date for the person’s jobseeker support; and
ii: that would have continued to be payable to the person had their jobseeker support not expired.
4: Subclause (3) does not limit any review under section 304 of the Act.
5: Payment of jobseeker support and assistance granted under this regulation is subject to the condition that the person is liable to repay the whole of any amount paid for the relevant period if the person’s jobseeker support is not regranted under regulation 190L or 190M
6: Any amount the person is liable to repay under this regulation is a debt due to the Crown and subject to recovery under section 362(1) of the Act (MSD’s duty to recover debts) by MSD from the person.
190O: When reapplication form meets application form requirements
Regulations 190J to 190M
190P: When reapplication form treated as new application form
1: This regulation applies to a person if the requirements of regulation 190J(1)(a) to (c)
a: 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 jobseeker support; or
b: 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) within the period allowed to complete the requirements.
2: Jobseeker support must not be regranted to the person.
3: Any reapplication form received from or on behalf of the person is treated as an application form for the purposes of section 297(1) of the Act and regulation 166.
73: New subpart 4A of Part 6 inserted
After regulation 192
4A: Money management
192A: Required manner of payment: money management for certain payments to people subject to sanction for first failure
Application
1: This regulation applies—
a: to a main benefit of a person to whom section 236A P
b: while money management imposed on P has effect.
2: In particular, this regulation applies to P’s main benefit (without limiting the generality of subclause (1)) while both of the following apply:
a: P’s main benefit is suspended for reasons unrelated to a sanction for failure to comply with 1 or more obligations under the Act that are specified in section 233 of the Act:
b: money management imposed on P has effect. General rule
3: The prescribed proportion of an instalment of P’s main benefit, and that is an instalment payable to P ( see regulation 163A(1)
a: that MSD considers are essential; and
b: from participating suppliers.
4: A participating supplier
a: that MSD considers are essential; and
b: to a person on whom money management has been imposed; and
c: on the person’s presentation of the payment card. Exceptions: arrears that MSD must pay, or debt that MSD must recover
5: Arrears that MSD must pay to P, and that are arrears that relate to a period while money management imposed on P has effect (even if the arrears are unrelated to P’s main benefit, but excluding arrears relating to a suspension to which subclause (2) applies), are—
a: paid to, or on account of, P personally under section 339(1) of the Act; and
b: not credited to P’s payment card.
6: Arrears that MSD must pay to P, and that are arrears that relate to a period while money management imposed on P has effect (even if the arrears are unrelated to P’s main benefit), and that are arrears relating to a suspension to which subclause (2) applies, are paid as follows:
a: the prescribed proportion of them is credited to P’s payment card:
b: the rest of them is paid to, or on account of, P personally under section 339(1) of the Act.
7: However, if P dies while money management imposed on P has effect, arrears to which subclause (6) applies must (despite that subclause) be paid under—
a: section 346 of the Act (required manner of payment: payment on death of beneficiary); or
b: regulation 192 (payment on death of beneficiary).
8: Debt that MSD must recover from P, and that is debt that relates to a period while money management imposed on P has effect (even if the debt is unrelated to P’s main benefit, and even if it is debt relating to a suspension to which subclause (2) applies), is recovered—
a: from, or on account of, P personally; and
b: not from, or from amounts to be credited to, P’s payment card. Exception: if P dies while money management has effect
9: However, if P dies while money management imposed on P has effect, the prescribed proportion of an instalment of P’s main benefit that is an instalment payable to P must (despite the rest of this regulation) be paid under—
a: section 346 of the Act (required manner of payment: payment on death of beneficiary); or
b: regulation 192 (payment on death of beneficiary).
74: Regulation 206 amended (Debts due to the Crown)
In regulation 206(b) regulation 185 An amount recoverable under regulation 190E(6) An amount recoverable under regulation 190N(6)
75: Amendments to update references to money management
Amend the principal regulations as set out in Schedule 3
76: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 4
b: make all necessary consequential amendments.
77: Schedule 6 amended
In Schedule 6 Jobseeker support paid at the rate in clause 1(c), (e), or (f) of Part 1 of Schedule 4 of the Act