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New Zealand law explained for everyone

Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Hierarchy of sanctions

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

You could also call this:

“Explaining what happens when you don't follow the rules, and how many times you can break them”

In this part of the law, there are some important words you need to know about. These words are about what happens when you don’t follow the rules.

A ‘failure’ is when you don’t do something that you’re supposed to do. If this happens, MSD (which stands for Ministry of Social Development) has to give you a punishment.

A ‘first failure’ is the very first time you don’t follow a rule that MSD has to punish you for.

A ‘second failure’ happens after you’ve fixed your first mistake and then break a rule again.

A ‘third failure’ is when you break a rule again after fixing your second mistake.

These words help MSD keep track of how many times you’ve broken the rules. This is important because it helps them decide what kind of punishment you might get.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783621.

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234: Hierarchy of sanctions, or

"Different punishments for breaking benefit rules"

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236: Sanction for first failure: reduction in main benefit, or

"What happens if you break the rules for getting money from the government for the first time"

Part 5 Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Hierarchy of sanctions

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

  1. In this subpart,—

    failure means a failure to comply with an obligation for which MSD must impose a sanction

      first failure means the first failure to comply with an obligation for which MSD must impose a sanction

        second failure means a failure that occurs after a person has recomplied with the obligation to which a first failure related

          third failure means a failure that occurs after a person has recomplied with the obligation to which a second failure related.

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