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Subpart 1—Guide to this Part
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| 231
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What this Part does
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Subpart 2—Sanctions for breach of obligations other than young person or young parent obligations
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Types of sanction
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| 232
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Sanctions for failure to comply with certain obligations under this Act
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| 233
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Obligations that carry sanction for failure to comply
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Hierarchy of sanctions
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| 234
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Hierarchy of sanctions
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| 235
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Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations
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| 236
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Sanction for first failure: reduction in main benefit
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| 237
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Sanction for second failure: suspension of main benefit
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| 238
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Sanction for third failure: cancellation of main benefit
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| 239
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Reduction or suspension of reduced benefit
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How number of failures is counted
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| 240
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Failures that can be counted
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| 241
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Meaning of continuous payment
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| 242
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Failures that cannot be counted
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Special cases: variations on ordinary sanctions rules
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| 243
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Exclusion of sanction if failure is subject of prosecution under Education Act 1989
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| 244
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Variation for failure to comply with work-test obligation to accept offer of suitable employment
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| 245
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Variation for breach of work-test obligation by 1 spouse or partner
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| 246
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Variation for breach of work-test obligation by both partners or spouses
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| 247
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Variation for suspension or cancellation of benefit or non-entitlement period affecting couple with 1 or more dependent children
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| 248
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Variation for suspension or cancellation of main benefit or non-entitlement period affecting sole parent
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Good and sufficient reason for non-compliance
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| 249
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Good and sufficient reason for non-compliance: default by MSD
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| 250
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Good and sufficient reason for failure to comply with drug-testing obligation
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| 251
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Good and sufficient reason for failure to supervise dependent child
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Procedure for imposing sanction
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| 252
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MSD must give notice of sanction
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| 253
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Notice relates to single failure
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| 254
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How notice of sanction may be given
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| 255
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Breach of obligation in relation to dependent children: additional steps before notice may be given
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| 256
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When reduction, suspension, or cancellation of benefit takes effect
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Evidential drug test
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| 257
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Request for evidential drug test if sanction imposed for failing screening drug test
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| 258
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Effect of request for evidential drug test
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| 259
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Effect of failure of evidential drug test
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| 260
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Costs of evidential drug test
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Recompliance
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| 261
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How person recomplies after failure to comply with obligation
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| 262
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Impossibility of remedying failure of work-test obligation
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| 263
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How person recomplies after failure to comply with drug-testing obligation
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| 264
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Drug testing for purposes of recompliance
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| 265
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Failure of drug test for purposes of recompliance constitutes third failure
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| 266
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Costs of drug testing for purposes of recompliance
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Miscellaneous
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| 267
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Case management support for beneficiary in breach of obligation in relation to dependent children
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Subpart 3—Sanctions for breach of young person or young parent obligations
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Interpretation
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| 268
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Failure, and first, second, and third failure, defined for young person or young parent obligations
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Sanctions: young person obligations
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| 269
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Sanction for failure to comply with young person obligation
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| 270
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Sanction for first or second failure: suspension of in-hand allowance and incentive payments
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| 271
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Sanction for third failure: cancellation of youth payment and incentive payments
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| 272
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Effect of cancellation of youth payment on accommodation supplement or temporary additional support
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| 273
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Effect of cancellation of youth payment on emergency benefit
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| 274
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Effect of cancellation of youth payment on disability allowance or child disability allowance
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| 275
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Sanctions for failure by young person required to receive youth services to comply with obligations: money management
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| 276
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Sanctions for failure by young person required to receive youth services to comply with obligations: other cases
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| 277
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Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: money management
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| 278
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Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases
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Sanctions: young parent obligations
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| 279
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Sanction for failure to comply with young parent obligation
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| 280
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Sanction for first or second failure: suspension of in-hand allowance and incentive payments
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| 281
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Sanction for third failure: cancellation of young parent payment and incentive payments
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| 282
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Effect of cancellation of young parent payment
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| 283
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Effect of cancellation of young parent payment on accommodation supplement or temporary additional support
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| 284
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Effect of cancellation of young parent payment on emergency benefit
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| 285
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Effect of cancellation of young parent payment on disability allowance or child disability allowance
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How obligation satisfied
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| 286
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How young person satisfies obligation after failure to comply
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Procedure
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| 287
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Procedure for imposing sanctions for failure to comply with young person or young parent obligation
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Incentive payments
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| 288
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Effect of regrant of youth payment on incentive payment
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| 289
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MSD may cancel incentive payment
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Subpart 4—Offences
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| 290
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Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits
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| 291
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Offences: spouse or partner knowingly benefiting from excess amount obtained by beneficiary’s fraud
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| 292
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Offence of demanding or accepting fee or other consideration in relation to grant of benefit
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| 293
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Offence of demanding or accepting acknowledgement or undertaking
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| 294
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General penalty for offences
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| 295
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Time for filing charging document
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