236ESanction for first failure: report job search: general

1. This section applies to a person (P) if—

2. P has a first failure; and
3. either—
   1. P is subject to active case management by MSD; or
   2. P has 1 or more dependent children; and
4. P’s first failure is not a failure to comply with a drug-testing obligation; and
5. P has—
   1. work-test obligations under either or both of sections 144 and 146; and
   2. no currently-in-force deferrals of, or exemptions from, those work-test obligations; and
6. P’s first failure does not involve either or both of the following:
   1. more than 1 failure of the same obligation:
   2. a failure of more than 1 obligation; and
7. MSD is satisfied—
   1. that it is appropriate in the circumstances to impose report job search on P; and
   2. that it is more appropriate to impose that sanction than any other sanction that can be imposed for P’s first failure.

8. If this section applies to P, MSD must, for the first failure of P, impose report job search—

9. under section 232(2)(a) and this section; and
10. only if, in the 5 working days from the giving of the section 252 notice, P discusses with MSD, in an appointment with MSD, P’s failure to comply.

11. If report job search is imposed on P, MSD must not, for the first failure of P, do the following (except under section 236G):

12. reduce the rate of P’s main benefit by half under section 236(2); or
13. impose a non-financial sanction other than report job search.

14. If report job search is imposed on P,—

15. P must within the prescribed period (starting when the sanction takes effect under subsection (5)(a)) undertake at least the prescribed minimum number of job-search activities per week (see regulations made under section 418(1)(ie)); and
16. P must, by the end of each week of that period, report to MSD, to MSD’s satisfaction, about the job-search activities that P has in that week undertaken to satisfy the requirements of paragraph (a), and about the nature of those activities; and
17. P must provide MSD with supporting evidence of all of the job-search activities that P has reported under this section,—
    1. only to the extent that the evidence is of a kind that it is reasonable in the circumstances for P to provide; and
    2. in a way that MSD decides, and advises P when MSD requires the evidence, is appropriate in the circumstances; and
    3. promptly after MSD requires the evidence, and in any case within 5 days after the prescribed period.

18. Report job search that is imposed on P has effect—

19. from the date stated in the notice of non-financial sanction under section 252A(2)(c); and
20. until whichever occurs first of the following:
    1. P recomplies after report job search is imposed on P (see section 261C):
    2. the rate of P’s main benefit is reduced to zero under section 236F:
    3. a replacement sanction imposed under section 236G takes effect.

21. This section is subject to sections 236F, 236G, 243AAA, 243, 245 to 248, and 320 to 322.

22. This section does not limit any regulations made under section 432(1) that require a person to undertake 1 or more stated pre-benefit activities that are or include reporting on the progress of job-search activities.

Notes

• Section 236E: inserted, on 20 October 2025, by section 19 of the Social Security Amendment Act 2025 (2025 No 25).