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 don't meet your obligations and how to fix it"

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You recomply after failing to meet an obligation if you fix the failure. If you got a notice about more than one failure, you must fix all of them to recomply. This rule does not apply in certain situations, such as when money management is imposed (see section 261A), or when community work experience is imposed (see section 261B), unless a replacement sanction is imposed (see section 236D). You also can't use this rule for a drug-testing obligation (see section 263). Other situations where this rule does not apply include when report job search is imposed (see section 261C), unless a replacement sanction is imposed (see section 236G), and when upskilling is imposed (see section 261D), unless a replacement sanction is imposed (see section 236J).

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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. an obligation, if a failure to comply with it resulted in report job search being imposed and taking effect (see section 261C), unless a replacement sanction is imposed (see section 236G):
        1. an obligation, if a failure to comply with it resulted in upskilling being imposed and taking effect (see section 261D), unless a replacement sanction is imposed (see section 236J):
          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).
            • Section 261(3)(ba): inserted, on , by section 29(2) of the Social Security Amendment Act 2025 (2025 No 25).
            • Section 261(3)(bb): inserted, on , by section 29(2) of the Social Security Amendment Act 2025 (2025 No 25).