236HSanction for first failure: upskilling: 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’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
6. MSD is satisfied—
   1. that it is appropriate in the circumstances to impose upskilling 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.

7. If this section applies to P, MSD must, for the first failure of P, impose upskilling—

8. under section 232(2)(a) and this section; and
9. 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.

10. If upskilling is imposed on P, MSD must not, for the first failure of P, do the following (except under section 236J):

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

13. If upskilling is imposed on P,—

14. P must within the prescribed period (starting when the sanction takes effect under subsection (5)(a)) attend and participate in for at least the prescribed minimum number of hours per week (see regulations made under section 418(1)(if)) 1 or more employment-related training programmes or courses that MSD considers are suitable; and
15. P must, by the end of each week of that period, report to MSD, to MSD’s satisfaction, about the programmes or courses of that kind that P has in that week attended and participated in to satisfy the requirements of paragraph (a), and about the nature of those programmes or courses; and
16. P must provide MSD with supporting evidence of all of the programmes or courses 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.

17. Upskilling that is imposed on P has effect—

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

20. This section is subject to sections 236I, 236J, 243AAA, 243, 245 to 248, and 320 to 322.

Notes

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