235Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations

1. In this subpart,—

   failure, in relation to a person, means a failure—

   1. 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
   2. 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 section 242(1) and (3) and, if applicable, the express modifications made to section 242(1) and (3) by sections 287 and 287A); and
   3. 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 section 242(2))

   first failure, in relation to a person, means a failure (as defined in this section)—

   1. by the person, or in relation to the person’s dependent children or the person’s spouse or partner’s dependent children; and
   2. 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, in relation to a person, means a failure (as defined in this section)—

   1. by the person, or in relation to the person’s dependent children or the person’s spouse or partner’s dependent children; and
   2. that occurs after the person has recomplied with the obligation to which a first failure related

   third failure, in relation to a person, means a failure (as defined in this section)—

   1. by the person, or in relation to the person’s dependent children or the person’s spouse or partner’s dependent children; and
   2. that occurs after the person has recomplied with the obligation to which a second failure related.