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Social Security Act 2018

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

263: How person recomplies after failure to comply with drug-testing obligation

You could also call this:

"What to do if you fail a drug test and want to fix things"

If you fail a drug test, it is called a drug test failure. You can recomply if you promise not to use controlled drugs, except for those prescribed by a health practitioner. This promise must be satisfactory to the Ministry of Social Development.

If you have a second drug test failure within 24 months, you can recomply by promising to undergo drug testing as stated in section 264. The Ministry of Social Development must tell you about the consequences of not keeping your promise. They must also tell you where to get a drug test and about the costs, as stated in sections 264(5) and 266.

The Ministry of Social Development has to make sure you know what you need to do to recomply. They have to give you information about what happens if you do not follow the rules. You need to understand what you are promising to do to recomply.

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264: Drug testing for purposes of recompliance, or

"Rules for drug testing to get benefits back"

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

263How person recomplies after failure to comply with drug-testing obligation

  1. In this section, drug test failure means a failure by a person (P) to comply with a drug-testing obligation.

  2. In the case of a first drug test failure within a 24-month period, P recomplies if P undertakes, in a manner that is satisfactory to MSD, not to use any controlled drugs (except any particular controlled drugs that are lawfully prescribed, and only at the dosage that is lawfully prescribed, for P by a health practitioner).

  3. In the case of a second drug test failure within a 24-month period of the first failure, P recomplies if P undertakes, in a manner satisfactory to MSD, to undergo drug testing in accordance with section 264.

  4. MSD must take reasonable and appropriate steps to make a person who has given an undertaking under subsection (3) aware of the following matters:

  5. the consequences of failing to comply with the undertaking; and
    1. the location of an appropriate drug-testing provider; and
      1. the matters in sections 264(5) and 266 (which relate to the costs of drug testing for the purpose of recompliance).

        Compare
        Notes
        • Section 263(2): amended, on , by section 33(1) of the Social Security Amendment Act 2025 (2025 No 25).
        • Section 263(3): amended, on , by section 33(2) of the Social Security Amendment Act 2025 (2025 No 25).