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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 - Hierarchy of sanctions

236C: Sanction for first failure: community work experience: failure without good and sufficient reason to meet requirements

You could also call this:

"If you don't do your community work and don't have a good reason, your benefit payments might stop."

If you do not meet the requirements of your community work experience, and you do not have a good reason for this, your main benefit rate may be reduced to zero. This happens if you have not met the requirements under section 236B(4) and you have not given the Ministry of Social Development (MSD) a good reason for this within a reasonable time. The reasonable time is decided by MSD and must end no later than a certain number of weeks, as set out in regulations made under section 418(1)(id). You will no longer have to meet the requirements under section 236B(4) if your main benefit rate is reduced to zero.

Your main benefit rate will be reduced to zero from the first day of the week you did not meet the requirements, or from the first day after the search period or minimum number of weeks if MSD cannot determine when you did not meet the requirements. This reduction will end when you meet the requirements again, as set out in section 261B(3) and (4), or when MSD cancels your main benefit under section 233A. If you give MSD a good reason for not meeting the requirements within a certain time, but not within the time set out in regulations, your main benefit rate will still be reduced to zero, but from a later date.

If your main benefit rate is reduced to zero, you will meet the requirements again under section 261B(3) and (4) and a new 13-week period will start when your community work experience begins, as set out in section 233A(1)(b). This section is subject to other parts of the law, including sections 243AAA, 243, 245 to 248, and 320 to 322.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1444300.

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236B: Sanction for first failure: community work experience: general, or

"What happens if you don't meet your responsibilities for the first time: doing community work"

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236D: Sanction for first failure: community work experience: replacement sanction if good and sufficient reason why cannot meet requirements, or

"What happens if you can't do community work and have a good reason"

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

236CSanction for first failure: community work experience: failure without good and sufficient reason to meet requirements

  1. This section applies if, after community work experience that is imposed on P has effect,—

  2. P has not met the requirements that apply to P under section 236B(4) (see subsections (2) and (3)); and
    1. P has not satisfied MSD within the reasonable period specified in subsection (4) that a good and sufficient reason existed as to why P failed to meet those requirements.

      1. For the purposes of subsection (1)(a) and of section 236D(1)(a), P has not met the requirements that apply to P under section 236B(4) if—

      2. at the end of the prescribed search period (see regulations made under section 418(1)(ic)), MSD has not been provided with supporting evidence of P’s compliance with requirements under section 236B(4)(a); or
        1. at the end of the prescribed search period (see regulations made under section 418(1)(ic)), MSD has been provided with supporting evidence of P’s compliance with requirements under section 236B(4)(a), but at the end of 5 days after the prescribed search period that evidence has not satisfied MSD of P’s compliance with those requirements; or
          1. at the end of 5 days after the prescribed minimum number of weeks (see regulations made under section 418(1)(id)), MSD has not been provided with supporting evidence that has satisfied MSD of P’s compliance with requirements under section 236B(4)(b).

            1. Subsection (2) does not limit the generality of subsection (1)(a) or of section 236D(1)(a).

            2. The reasonable period mentioned in subsection (1)(b) and in section 236D(1)(b) must be one that—

            3. MSD considers reasonable in the circumstances of P; and
              1. ends no later than the end of the prescribed minimum number of weeks (see regulations made under section 418(1)(id)).

                1. MSD must reduce the rate of P’s main benefit to zero with effect—

                2. starting on the first day of the week of P’s non-compliance or, if MSD is unable to determine the date of P’s non-compliance,—
                  1. starting on the first day after the prescribed search period or (if applicable) after the prescribed minimum number of weeks, if P has not in that period or (if applicable) in those weeks contacted MSD about P’s non-compliance; or
                    1. starting on the first day of the prescribed search period or (if applicable) of the prescribed minimum number of weeks if—
                      1. P has in or after that period or (if applicable) in or after those weeks contacted MSD about P’s non-compliance; and
                        1. MSD has not been provided with supporting evidence that satisfies MSD of the date of P’s non-compliance; and
                      2. ending on whichever occurs first of the following events:
                        1. P recomplies (see section 261B(3) and (4)):
                          1. MSD cancels P’s main benefit under section 233A.

                          2. However, if P satisfies MSD within a period that complies with subsection (4)(a), but that does not also comply with subsection (4)(b), that a good and sufficient reason existed as to why P failed to meet the requirements that apply to P under section 236B(4), then MSD must reduce the rate of P’s main benefit to zero under subsection (5) with effect on and after the first day after the prescribed minimum number of weeks (see regulations made under section 418(1)(id)).

                          3. If the rate of P’s main benefit is reduced to zero under subsection (5),—

                          4. P is no longer required to meet the requirements that apply to P under section 236B(4); and
                            1. P recomplies under section 261B(3) and (4); and
                              1. the 13-week period in section 233A(1)(b) starts when community work experience imposed on P takes effect.

                                1. This section is subject to sections 243AAA, 243, 245 to 248, and 320 to 322.

                                Notes
                                • Section 236C: inserted, on , by section 17 of the Social Security Amendment Act 2025 (2025 No 25).