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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

264: Drug testing for purposes of recompliance

You could also call this:

“Rules for drug testing to get benefits back”

If you promise to take a drug test to get your benefits back, you need to do two things. First, you must go to a drug testing place within 25 working days of making your promise. You might need to take a quick test first, and if you don’t pass that, you’ll take a more detailed test. Or, you might just take the detailed test right away. Second, within 30 working days of making your promise, you need to show proof to the Ministry of Social Development that you passed either the quick test or the detailed test.

The day you make your promise is called the start date. If you don’t pass the tests within the testing time, you can try again at your own cost. This gives you another chance to keep your promise and get your benefits back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783686.

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

“How to fix things if you don't follow drug-testing rules”

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265: Failure of drug test for purposes of recompliance constitutes third failure, or

“Failing a drug test when trying to fix past mistakes counts as your third strike”

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

264Drug testing for purposes of recompliance

  1. A person (P) who has given an undertaking under section 263(3) must comply with both subsections (2) and (3).

  2. Within 25 working days after the start date, P must attend at the location of a drug-testing provider for the purpose of undertaking a drug test that is—

  3. a screening drug test and, if P fails that test, an evidential drug test; or
    1. an evidential drug test without any associated prior screening drug test.

      1. Within 30 working days after the start date, P must provide evidence to the satisfaction of MSD that P has passed a screening drug test or evidential drug test, as the case may be.

      2. In this section, start date means the date of P’s undertaking.

      3. A person who fails a screening drug test or an evidential drug test, or both, that is performed within the testing period may (in order to try to comply with the person’s undertaking despite that failure) undertake, at the person’s own expense, further drug testing within the testing period.

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