Part 5Enforcement: sanctions and offences
Sanctions for breach of young person or young parent obligations: Sanctions: young person obligations
278Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases
This section applies to a young person—
- who is—
- aged 16 or 17 years, without dependent children, and is the spouse or partner of a specified beneficiary; or
- aged 16 to 19 years, with a dependent child or children, and is the spouse or partner of a specified beneficiary; and
- aged 16 or 17 years, without dependent children, and is the spouse or partner of a specified beneficiary; or
- whose benefit is not subject to youth money management; and
- who MSD is satisfied has, without good and sufficient reason, failed to comply with an obligation that applies to the young person under section 166(2) or 167(2) and (3).
MSD must treat the young person’s failure referred to in subsection (1)(c),—
- in the case of a young person who would, but for section 166(4) or 167(5), be subject to the work test, as a failure to comply with the work test for the purposes of sections 233 and 236 to 239; and
- in the case of a young person who would, but for section 166(4) or 167(5), be required to comply with section 124, as a failure to comply with a work-preparation obligation under section 124 or 125 for the purposes of sections 233 and 236 to 239.
MSD must, in the case of a young person who is subject to a sanction under sections 233 and 236 to 239 for a failure that subsection (2)(a) or (b) of this section requires to be treated as having occurred,—
- suspend the young person’s incentive payments (if any) (if that sanction is a reduction in the rate of or suspension of the young person’s benefit) until the young person recomplies; or
- cancel the young person’s incentive payments (if any) (if that sanction is the cancellation of the young person’s benefit).
Section 232(3) prevents MSD from imposing under section 232 a non-financial sanction on a young person to whom subsection (2)(a) or (b) of this section applies.
Compare
- 1964 No 136 s 174A(3), (4)
Notes
- Section 278(1)(b): amended, on , by section 61 of the Social Security Amendment Act 2025 (2025 No 25).
- Section 278(3)(a): amended, on , by section 38(1) of the Social Security Amendment Act 2025 (2025 No 25).
- Section 278(4): inserted, on , by section 38(2) of the Social Security Amendment Act 2025 (2025 No 25).