236DSanction for first failure: community work experience: replacement sanction if good and sufficient reason why cannot meet requirements

1. This section applies if, at any time 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 also section 236C(2) and (3)); and
3. P has satisfied MSD within the reasonable period specified in section 236C(4) that a good and sufficient reason existed as to why P could not meet those requirements.

4. MSD must impose on P, without giving a section 252 notice, a replacement sanction under section 236(2) that is to reduce the rate of P’s main benefit by half until P recomplies, and that starts to take effect—

5. at the time that P satisfied MSD that the good and sufficient reason existed, if the good and sufficient reason relates to requirements that apply to P under section 236B(4)(a) and that time is before or at the end of the prescribed search period (see regulations made under section 418(1)(ic)); and
6. on the first day after the end of the prescribed search period (see regulations made under section 418(1)(ic)), if the good and sufficient reason relates to requirements that apply to P under section 236B(4)(a) and the time that P satisfied MSD that the good and sufficient reason existed is—
   1. after the end of the prescribed search period; and
   2. before or at the end of the prescribed minimum number of weeks (see regulations made under section 418(1)(id)); and
7. at the time (within the reasonable period specified in section 236C(4)) that P satisfied MSD that the good and sufficient reason existed, if the good and sufficient reason relates to the requirements that apply to P under section 236B(4)(b).

8. If a replacement sanction under section 236(2) is imposed under subsection (2),—

9. P is no longer required to meet the requirements that apply to P under section 236B(4); and
10. the replacement sanction under section 236(2) operates in the same way as any other reduction of the rate of P’s main benefit by half under section 236(2); and
11. P recomplies under section 261 (see section 261(3)(b)); but
12. for the purposes of the 13-week period in section 233A(1)(b), the replacement sanction must be treated as if it takes effect when community work experience that it replaces takes effect.

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