Social Security Act 2018

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

261: How person recomplies after failure to comply with obligation

You could also call this:

"What to do if you didn't meet a requirement and want to fix it."

Illustration for Social Security Act 2018

If you do not comply with an obligation, you can recomply by fixing the failure. You fix the failure by doing what you were supposed to do in the first place. If you got a notice saying you failed to comply with more than one obligation, or failed the same obligation more than once, you need to fix all the failures to recomply.

If you failed to comply with an obligation and this resulted in money management being imposed, this section does not apply, you can see section 261A for more information. This section also does not apply if you failed to comply with an obligation and this resulted in community work experience being imposed, unless a replacement sanction is imposed, you can see section 261B and section 236D for more information. You cannot use this section to recomply with a drug-testing obligation, you can see section 263 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783679.


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260: Costs of evidential drug test, or

"Who pays for drug tests that MSD asks you to take"


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261A: How person recomplies after failure that resulted in money management being imposed and taking effect, or

"Fixing a mistake to stop money management and get back on track with your benefits"

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

261How person recomplies after failure to comply with obligation

  1. A person (P) recomplies after a failure to comply with an obligation if P remedies the failure.

  2. If a section 252 notice specifies more than 1 failure of the same obligation, or a failure of more than 1 obligation, P recomplies if P remedies all the failures.

  3. This section does not apply to recompliance with—

  4. an obligation, if a failure to comply with it resulted in money management being imposed and taking effect (see section 261A):
    1. an obligation, if a failure to comply with it resulted in community work experience being imposed and taking effect (see section 261B), unless a replacement sanction is imposed (see section 236D):
      1. a drug-testing obligation (see section 263).
        Compare
        Notes
        • Section 261(3): replaced, on , by section 29(1) of the Social Security Amendment Act 2025 (2025 No 25).