Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Special cases: variations on ordinary sanctions rules

245: Variation for breach of work-test obligation by 1 spouse or partner

You could also call this:

“Changes to couple's benefit when one person doesn't follow work rules”

This law is about what happens when one person in a couple doesn’t follow their work rules. If you and your partner get a benefit together, and one of you doesn’t do what you’re supposed to for work, your benefit might be reduced, stopped, or cancelled.

If this happens, only half of your benefit will be affected. The person who followed the rules can still get their half of the benefit. When they work out how much money that person gets, they’ll look at their income, but they’ll be more generous about how much they can earn before it affects their benefit.

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244: Variation for failure to comply with work-test obligation to accept offer of suitable employment, or

“Your benefit will be cancelled if you refuse a suitable job offer”


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246: Variation for breach of work-test obligation by both partners or spouses, or

“What happens if you and your partner both don't follow work rules while on a benefit”

Part 5 Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Special cases: variations on ordinary sanctions rules

245Variation for breach of work-test obligation by 1 spouse or partner

  1. This section applies when—

  2. a main benefit is payable at a work-test couple rate; and
    1. the benefit is reduced, suspended, or cancelled under section 227 or 232; and
      1. the reduction, suspension, or cancellation results from the failure of one spouse or partner to comply with a work-test obligation or results from the application of section 227.
        1. In a case to which this section applies,—

        2. the reduction, suspension, or cancellation applies to only half the applicable rate of main benefit before any reduction on account of income; and
          1. the other spouse or partner is entitled to receive half that rate (and the appropriate income test applies to that rate, but at half the abatement rate in that test).
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