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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 - Recompliance

261D: How person recomplies after failure that resulted in upskilling being imposed and taking effect

You could also call this:

"What to do after failing and being required to upskill to meet your obligations again"

Illustration for Social Security Act 2018

You need to follow some rules to recomply after failing to meet an obligation. You failed and had to do upskilling, which has taken effect. You can recomply if you meet the upskilling requirements under section 236H(4). If the Ministry of Social Development reduced your main benefit to zero under section 236I, but did not cancel it under section 233A, then different rules apply. You can recomply if you fix your failure under section 261. This is how you recomply after failing and having upskilling imposed on you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1551803.

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"What to do if you failed to meet a rule and got a report job search penalty"

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262: Impossibility of remedying failure of work-preparation or work-test obligation, or

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

261DHow person recomplies after failure that resulted in upskilling being imposed and taking effect

  1. This section sets out how a person (P) recomplies after a failure—

  2. to comply with an obligation; and
    1. that resulted in upskilling being imposed on P and taking effect.

      1. P recomplies if P meets the requirements of upskilling that apply to P under section 236H(4).

      2. However, subsection (4) applies instead of subsection (2) if MSD has—

      3. reduced the rate of P’s main benefit to zero under section 236I; but
        1. not yet cancelled P’s main benefit under section 233A.

          1. P recomplies if P remedies P’s failure under section 261.

          Notes
          • Section 261D: inserted, on , by section 31 of the Social Security Amendment Act 2025 (2025 No 25).