252MSD must give notice of sanction

1. MSD must not under section 232 reduce the rate of, suspend, or cancel a benefit payable to a person (P) unless MSD has first given P a written notice for the purposes of this section (a section 252 notice) that complies with subsection (2).

2. The notice must—

3. state that P has failed to comply with a specified obligation under this Act; and
4. specify the nature of P’s failure to comply; and
5. either,—
   1. 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 section 144(b)), state that, on the basis of P’s failure, MSD will reduce the rate of P’s benefit or suspend P’s benefit unless P recomplies within 5 working days from the giving of the notice; or
   2. 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
6. specify the date on which the reduction, suspension, or cancellation is to take effect; and
7. in the case of a reduction or suspension, state the nature and duration of the reduction or suspension; and
8. state that P has 5 working days from the giving of the notice to dispute the reduction, suspension, or cancellation; and
9. advise P to contact MSD if P wants to dispute or discuss the decision to reduce the rate of, suspend, or cancel the benefit; and
10. advise P that MSD may, instead of reducing the rate of the benefit, impose a non-financial sanction on P, but only if—
    1. P is eligible for a non-financial sanction (see sections 236A(1) and 236B(1)); and
    2. 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
11. contain a clear statement of P's right, under section 391, to apply for a review of the decision, and of the procedure for applying for a review.

12. No section 252 notice is required for a replacement sanction imposed under section 236D.