leaves New Zealand while in receipt of a benefit; and

returns to take up ordinary residence in New Zealand within 5 years; and

later applies for a benefit of the same class.

PAYE income payments (as that term is used in the Income Tax Act 2007) from which P, P’s employer, or any other relevant person must withhold an amount of tax under the PAYE rules as defined in that Act:

source deduction payments,—

P’s employer (or any other relevant person) deducted or withheld tax from payments made under subclause (1); and

P did not contribute to the employer’s (or any other relevant person’s) failure to pay that tax to the Commissioner.

P must be treated as being resident and present in New Zealand during the period to which this regulation applies:

if the spouse or partner or any child of P was with P during that period or any part of it, the spouse or partner or child must be treated as being resident and present in New Zealand during that period or that part of it, as the case may be:

any child of P born outside New Zealand during that period must be treated as having been born in New Zealand.

a medical practitioner:

a dentist:

a midwife:

a nurse practitioner.

a medical practitioner:

a psychologist:

a nurse practitioner.

a medical practitioner:

a psychologist:

a nurse practitioner.

a medical practitioner:

a nurse practitioner.

a medical practitioner:

a nurse practitioner.

the young person is receiving a youth payment or a young parent payment; and

the young person has, since starting to receive a youth support payment, completed 6 months’ participation and achievement in education, training, or work-based learning, as the case may be; and

the contracted service provider in question has confirmed to MSD, or, as the case requires, MSD is satisfied, that the young person has complied with paragraph (b).

the young person is receiving a youth payment or a young parent payment; and

the young person has, since starting to receive a youth support payment, completed 3 continuous months’ attendance and participation in discussions on budgeting with the person’s contracted service provider or, as the case requires, MSD; and

the young person has completed a budgeting programme approved by MSD for the purposes of section 162(1)(b) of the Act; and

the service provider has confirmed to MSD, or, as the case requires, MSD is satisfied, that the young person has complied with paragraph (b).

the young person is receiving a young parent payment; and

the young person has, since starting to receive a youth support payment, completed 3 continuous months’ regular engagement with the person’s contracted service provider or, as the case requires, MSD; and

the service provider has confirmed to MSD, or, as the case requires, MSD is satisfied, that the young person has complied with paragraph (b); and

the young person has participated in and completed a parenting education programme approved by MSD for the purposes of section 164(1)(a) of the Act; and

each of the young person’s dependent children is enrolled with a primary health organisation; and

each of the young person’s dependent children aged 5 years or below is up to date with checks under the WellChild programme or any similar programme established in its place; and

each of the young person’s dependent children aged 5 years or below attends an approved early childhood education programme or is placed in other suitable childcare during any time that the young person spends in education, training, work-based learning, or part-time work.

$16,200, in the case of—

$8,100, in any other case.

for a single beneficiary under the age of 25 years, the maximum weekly rate of a benefit that the beneficiary would have been entitled to receive, before any abatement or deduction, if the beneficiary had attained the age of 25 years:

for a single beneficiary with 1 or more dependent children,—

for any other single beneficiary, the maximum weekly rate of a benefit that the beneficiary would be entitled to receive before any abatement or deduction:

for a beneficiary who is in a relationship and is not a beneficiary to whom paragraph (e) applies,—

for a beneficiary who is in a relationship and whose spouse or partner is not entitled to an accommodation supplement under section 230 of the Act, the rate specified in paragraph (d) as if a rate of a benefit were paid in respect of that spouse or partner:

for a single non-beneficiary with 1 or more dependent children,—

for any other single non-beneficiary, the weekly rate of jobseeker support at the rate in clause 1(d) of Part 1 of Schedule 4 of the Act before any abatement or deduction:

for a non-beneficiary who is in a relationship,—

under subpart 10 of Part 2 and Part 7 of Schedule 4 of the Act and these regulations; and

for a non-beneficiary (as defined in regulation 17).

for a single applicant without dependent children, at the maximum rate in clause 1(d) of Part 1 of Schedule 4 of the Act; or

for a sole parent, at the appropriate maximum rate in clause 1(e) or (f) of Part 1 of Schedule 4 of the Act as if Income Test 3 applied to that rate instead of Income Test 1; or

for any other applicant, at the appropriate maximum rate in Part 1 of Schedule 4 of the Act.

that is provided by the Government in order to purchase hours of childcare; and

under which the amount provided per hour for childcare exceeds the hourly rate of childcare assistance as calculated under regulation 24.

no more than the actual hourly fee payable (or, if subclause (3) applies, the averaged hourly fee payable) for that participation; or

if regulation 28 applies, the higher of the fee charged for keeping open the child’s place in the programme and the hourly fee calculated under paragraph (a).

subtracting from that flat fee any payment made by a person other than the applicant towards the flat fee; and

dividing the amount calculated under paragraph (a) by the number of hours during the period concerned for which the child is enrolled to participate in the programme.

the assistance would not otherwise be payable because the caregiver is not working; but

the caregiver is unable to work because of a health condition, an injury, or a disability.

the assistance has been granted on the basis of the employment of the principal caregiver of the child concerned (or, if applicable, of the child’s other caregiver); and

the employment has ended but the caregiver has arranged new employment.

commencing on the first day of the child’s absence from the programme; and

including only the time during the absence when the programme is available.

6 weeks, if the absence is due to the child’s medical condition; or

3 weeks, if the absence is due to any other reason.

has applied for it on a form in writing provided by MSD for the purpose and completed in writing by or on behalf of the applicant (see also regulations 166(4)(f) and 172); and

has given MSD the evidence MSD requires to satisfy MSD that the person is eligible for the subsidy.

who is no older than 5 years and 28 days, and is not yet attending school; or

who is 5 years old, whose parent, principal caregiver, or guardian intends to enrol the child in a school that has a cohort entry policy in place, and who (under section 5B(2) of the Education Act 1989) may not be enrolled in that school until the term start date of the next term; or

who is under 6 years old, and for whom a child disability allowance is payable.

subclause (2) applies to the child, and either subclause (3) or (4) applies to each of those periods; or

a child disability allowance is payable for the child; or

the child’s principal caregiver is also the principal caregiver of some other child, who is either in hospital or is a child for whom a child disability allowance is payable.

the child has no other caregiver:

the child’s other caregiver is engaged in an approved activity:

the child’s other caregiver is not engaged in an approved activity, but MSD is satisfied that for some good reason the other caregiver cannot care for the child.

the child is participating in an approved early childhood education programme; and

the child’s principal caregiver is engaged in an approved activity or travelling between the place where the programme is provided and the place where the activity is engaged in.

is undertaking that employment; or

is travelling between the place where that employment is engaged in and—

employment (whether full-time or part-time, and whether permanent, temporary, or casual):

a rehabilitation programme approved by MSD:

any activity specified in section 146(1)(d) of the Act that the caregiver is required to undertake under that section or is undertaking under section 324 of the Act:

an employment-related training course offered by a course-provider accredited by the New Zealand Qualifications Authority:

any other employment-related training course approved by MSD:

a course of study at a secondary school (within the meaning of section 145(1) of the Education Act 1989) or a tertiary educational institution.

the child is participating in (or will participate in) 1 or more approved early childhood education programmes for a total of 3 or more hours a week; and

MSD is satisfied, in the light of a certificate from a medical practitioner or a nurse practitioner, that the child’s principal caregiver—

at least 1 of the following applies:

the child is participating in (or will participate in) 1 or more approved early childhood education programmes for a total of 3 or more hours a week; and

the child’s principal caregiver is not engaged in an approved activity; and

regulation 34 does not apply.

the service providing the programme; or

the service that arranged the scheme under which the programme is provided.

the sum represents an underpayment of the amounts that should have been paid to a provider of a licensed home-based education and care service in respect of the child’s participation in that service; and

the caregiver has already paid to the service or arranger the amount of the underpayment.

is a dependent child; and

is participating in (or will participate in) 1 or more OSCAR programmes for a total of 3 or more hours a week; and

is—

employment (whether full-time or part-time, and whether permanent, temporary, or casual):

any activity specified in section 146(1)(d) of the Act that the caregiver is required to undertake under that section or is undertaking under section 324 of the Act:

an employment-related training course offered by a course-provider accredited by the New Zealand Qualifications Authority:

a course of study at a secondary school (within the meaning of section 145(1) of the Education Act 1989) or a tertiary educational institution.

subclause (2) applies to the child, and either subclause (3) or (4) applies to each of those periods; or

a child disability allowance is payable for the child; or

the child’s principal caregiver is also the principal caregiver of some other child who is either in hospital or is a child for whom a child disability allowance is payable.

the child has no other caregiver:

the child’s other caregiver is engaged in an approved activity:

the child’s other caregiver is not engaged in an approved activity, but MSD is satisfied that for some good reason the other caregiver cannot care for the child.

the child is participating in an OSCAR programme; and

the child’s principal caregiver is engaged in an approved activity or travelling between the place where the programme is participated in and the place where the activity is engaged in.

is undertaking that employment; or

is travelling between the place where that employment is engaged in and—

the child is participating in (or will participate in) 1 or more OSCAR programmes for a total of 3 or more hours a week; and

MSD is satisfied, in the light of a certificate from a medical practitioner or a nurse practitioner, that the child’s principal caregiver—

at least 1 of the following applies:

may be unconditional or subject to conditions stated in the notice; and

may be for an indefinite period or for a period stated in the notice.

if MSD is satisfied, in the light of the matters stated in regulation 47, that it is not properly run; or

if, after making reasonable efforts to do so, MSD has been unable to obtain enough information to be satisfied, in the light of the matters stated in regulation 47, that it is properly run; or

if MSD is satisfied that there has been a breach of a condition subject to which the approval was given.

the adequacy with which the programme provides for—

the competence, training, and suitability of the staff and volunteers involved in the programme:

the competence of the programme’s supervision:

the suitability and safety of the environment in which the programme is operating:

the competence of the provider’s management (including its financial management):

the extent of the programme’s compliance with relevant enactments and bylaws:

the programme’s responsiveness to applicable cultural issues.

a debt due to the Crown for the purposes of section 353(a) of the Act from the applicant; and

subject to recovery under section 362(1) (MSD’s duty to recover debts) of the Act from the applicant.

a medical practitioner:

a nurse practitioner.

whose life expectancy is less than 6 months; or

in respect of whom it is not possible to determine whether the disability is likely to continue for at least 6 months but that is a reasonably possible prognosis.

the disability is likely to last, or has continued, for 6 months or more; and

the person would otherwise have been eligible to receive a disability allowance from the date of the original application.

a medical practitioner:

a nurse practitioner.

to the spouse or partner or any child of the deceased; or

to the estate of the deceased; or

to any person who has paid the deceased’s funeral expenses; or

to the appropriate funeral director; or

in the case of a deceased child, to the parent or any other person or persons who were liable in law to maintain that child immediately before the date of death.

a deceased person’s estate (including, without limitation, any assets of any person from which the deceased person’s funeral expenses are under section 91 or 93 of the Act to be paid) is yet to be determined:

the income of a person whose income is to be tested under section 91 or 93 of the Act has not yet been determined.

a debt due to the Crown for the purposes of section 353(a) of the Act from the person to whom the funeral grant payment was made; and

subject to recovery under section 362(1) (MSD’s duty to recover debts) of the Act.

defines the kinds of income, benefits, credits, and receipts that are chargeable income; and

defines the kinds of costs that are allowable costs; and

prescribes amounts allowed for standard living costs that ought to be met from chargeable income (that is, amounts defined as standard costs); and

defines the kinds of assets that are cash assets, and prescribes an amount of cash assets that makes an applicant, under section 96(1)(b) of the Act, ineligible for temporary additional support; and

prescribes or sets out other eligibility criteria for receiving that support, the amount of it, and the period or periods for which it may be granted.

whether or not the person is receiving any other benefit, pension, or allowance under the Act, the New Zealand Superannuation and Retirement Income Act 2001, or the Veterans’ Support Act 2014; but

only if the person is not, under regulation 59, ineligible for that support.

the child’s principal caregiver; and

a spouse or partner of the child’s principal caregiver.

a person who is 15 years old or younger:

a person to whom section 230(1) of the Act applies:

a person to whom a special benefit continues to be payable under section 23 of the Social Security (Working for Families) Amendment Act 2004 (as saved by clause 19 of Schedule 1 of the Act) and that person’s spouse or partner:

a person who is a full-time student unless—

a person whose cash assets together with the cash assets of the person’s spouse or partner (if any) exceed in value,—

the person’s cash; and

the other assets of the person that can be converted readily into cash.

shares, stocks, debentures, bonus bonds, and other bonds; and

bank accounts, including fixed and term deposits with any bank, friendly society, credit union, or building society; and

money invested with or lent to any bank or other financial institution or other person, whether on mortgage or other security or unsecured; and

the net equity held in property or land not used as the person’s home; and

building society shares; and

bills of exchange or promissory notes; and

the person’s share in any partnership.

if the person is single, the motor vehicle or other vehicle required by the person for the person’s personal use; or

if the person is in a relationship, the motor vehicles or other vehicles (not exceeding 2 in total) required by the person and the person’s spouse or partner for their personal use; or

a caravan, boat, or other vehicle—

the personal effects of the person; or

any specified item, amount, or kind of cash assets exempted from the definition in this regulation by clause 2 of Schedule 8.

the applicant’s eligibility for temporary additional support to be assessed; and

the rate of any temporary additional support payable to the applicant to be determined.

the lesser of the deficiency and the upper limit (see subclause (3) or regulation 63, whichever is applicable); and

the disability exception amount (if that amount is available to the applicant under regulation 64).

is nil if the applicant’s disposable income exceeds the applicant’s standard costs; and

if the applicant’s disposable income is a negative amount, is the sum of that income (expressed as a positive amount) and the applicant’s standard costs.

of the 1 or more specified benefits payable to the applicant and the applicant’s spouse or partner (if any); or

if the applicant and the applicant’s spouse or partner (if any) are non-beneficiaries, of the benefit that would be payable to the applicant or them if jobseeker support were payable to the applicant or them.

a person of the kind referred to in section 205(1)(a) of the Act (a person lawfully present in New Zealand awaiting the outcome of the person’s claim for recognition as a refugee or a protected person in New Zealand); or

a person referred to in section 205(1)(b) of the Act (a person who is recognised as a refugee or a protected person in New Zealand); or

a person referred to in section 205(1)(c) of the Act (a person applying for a residence class visa under the Immigration Act 2009 who is compelled to remain in New Zealand through unforeseen circumstances).

the appropriate maximum rate of accommodation supplement that would be applicable if section 19(1) of the Act did not prohibit the person receiving a benefit; and

the upper limit in regulation 62(3).

is available to the applicant only if—

if available to the applicant, is 30% of the excess disability costs total (as so defined).

the amount of that support granted to the applicant (whether it results from the original calculation under regulation 62(1) or from an earlier recalculation required by this paragraph) must, as soon as practicable, be recalculated under regulation 62(1) taking into account all changes—

the amount of that support granted to the applicant for any later weeks of that period (until and subject to any later recalculation required by paragraph (a)) is the amount that results from the recalculation required by paragraph (a).

is 50% of the weekly rate under regulation 62(1) if temporary additional support is granted to the spouse or partner of a person who is ineligible to be granted temporary additional support under regulation 59(3)(b) or (d); and

is nil if the result of the calculation under regulation 62(1) or, as the case may be, paragraph (a), is less than $1 a week.

the shorter fixed period (as defined by subclause (3)), if subclause (2) applies to the applicant; and

13 weeks after temporary additional support commences (the standard period), in all other cases.

the deficiency will reduce to nil; or

the applicant will for any reason be ineligible for temporary additional support; or

temporary additional support will for any reason not be payable to the applicant.

start at the same time as, but be shorter than, the standard period; and

end on or after the close of the day before the non-qualification date.

the net rate of any benefit payable to the person under the Act (other than an orphan’s benefit, an unsupported child’s benefit, a winter energy payment, or any childcare assistance):

the amount of any credit of tax under subparts MA to MG and MZ of the Income Tax Act 2007 that is—

any parental leave payment payable to the person under Part 7A of the Parental Leave and Employment Protection Act 1987:

any pension or allowance payable under the Veterans’ Support Act 2014:

the rate of any New Zealand superannuation payable to the person under the New Zealand Superannuation and Retirement Income Act 2001 or any veteran’s pension payable to the person under the Veterans’ Support Act 2014:

income as defined in Part 2 of Schedule 3 of the Act:

the amount of any periodical payments (for example, those included by subclause (4)(a))—

the amount of any child support payments,—

the amount of any accommodation benefit, basic grant, or independent circumstances grant payable to the person under the Student Allowances Regulations 1998:

the living-costs component of any student loan payable to the person.

include, without limitation, any payments payable to the person under the Telephone Costs Payment Programme established and approved by the Minister under section 124(1)(d) of the Social Security Act 1964 (and continued under clause 21 of Schedule 1 of the Act); but

do not include any payments for childcare assistance or any payments made under any of the programmes specified in subclause (5).

the Away from Home Allowance Programme:

the Home Help Programme:

the Social Rehabilitation Assistance Programme:

the Special Transfer Allowance Programme 2000:

the Canterbury Earthquake TAA Programme (as defined in regulation 57):

the Families Package (Transitional Assistance) Programme:

the Employment Readiness and Work Assistance Programme.

means the regular essential expenses (as defined in subclause (2)) (if any) of the applicant and the applicant’s family reckoned on a weekly basis; and therefore

does not include an expense that is not an essential expense (as so defined).

is essential for a person to pay or incur in order to meet the daily living needs of the person, of members of the person’s family, or of both; and

could not, when the expense or the liability for the expense was incurred, readily be avoided or varied.

the person’s accommodation costs (as defined in subclause (5)) less $26.05:

agreed period payments (as defined in subclause (6)), not exceeding the maximum weekly amount in column 3 of the following table, and made in connection with the acquisition of any of the items in column 1 of that table (within the maximum number of those items in column 2 of that table):

Payments for essential household items

revolving credit payments (as defined in subclause (7)) for any of the items in column 1 of the table in paragraph (b) (being items acquired in accordance with subclause (4) and within the maximum numbers in column 2 of that table) and not exceeding (in terms of the rate of the payments, and either on a monthly or a weekly basis) the lesser of the maximum monthly payment (as defined in subclause (8)) and the maximum weekly payment in column 3 of that table:

costs for laundry or laundrette services, being costs incurred instead of regular payments for a washing machine or within a period during which the applicant could reasonably arrange to have repaired a washing machine available to the applicant, and not exceeding $24.27 per week:

disability costs (as defined in regulation 57),—

for a person who is eligible for assistance under the Telephone Costs Payment Programme approved by the Minister under section 124(1)(d) of the Social Security Act 1964 (and continued under clause 21 of Schedule 1 of the Act), and if paragraph (m) of this subclause does not apply, the weekly amount of telephone rental costs (as defined in subclause (11)) that were, immediately before 1 April 1999,—

running costs, at a per kilometre rate set by MSD, for a motor vehicle where no suitable public transport is available for the purpose of transporting the applicant and the applicant’s spouse or partner to and from their places of employment and where the vehicle is essential for that purpose:

agreed period payments (as defined in subclause (6)) not exceeding $65.60 a week made in connection with the acquisition of a motor vehicle or other vehicle (for example, a bicycle)—

revolving credit payments (as defined in subclause (7)) for a motor vehicle or other vehicle (for example, a bicycle) acquired in accordance with subclause (4) and where paragraph (h)(i) or (ii)(A) applies to the applicant and vehicle, and not exceeding (in terms of the rate of the payments, and either on a monthly or a weekly basis) the lesser of the maximum monthly payment (as defined in subclause (8)) and $65.60 per week:

the costs of public transport of the applicant and the applicant’s spouse or partner to and from their places of employment:

the net costs of essential childcare (that is, the gross costs of essential childcare, as defined in subclause (12), minus any childcare assistance payable under section 77 of the Act or by way of special assistance under section 101 of the Act):

essential expenses in respect of a child in the care of the applicant or the applicant’s spouse or partner for whom an orphan’s benefit or an unsupported child’s benefit is paid that are not able to be met from the total of that benefit and any disability allowance payable in respect of the child:

telephone rental costs (as defined in subclause (11)) for an applicant for whom, in the opinion of MSD, a telephone is a necessity—

when the item was acquired, neither the applicant nor the applicant’s spouse or partner (if any) was a beneficiary (whether or not either of them was a beneficiary, or both of them were beneficiaries, at any time before the item was acquired); and

at the time of the application for temporary additional support, the applicant or the applicant’s spouse or partner (if any) is a beneficiary, or both of them are beneficiaries, or neither of them is a beneficiary at that time but one or both of them became a beneficiary after the item was acquired.

do not include the following costs:

include arrears except any that were incurred while the person or the person’s spouse or partner was in receipt of—

is evidenced in writing to the satisfaction of MSD; and

requires regular payments over an agreed period; and

was entered into to acquire the item or to repay debt incurred in acquiring the item; and

is not a revolving credit contract, an arrangement relating to an advance payment of all or part of 1 or more instalments of a benefit under section 347 of the Act, or an arrangement relating to a recoverable grant of assistance under section 101 of the Act.

under a revolving credit contract (for example, a credit card contract) that requires regular payments and that was used to acquire the item; and

not exceeding (in total) the lesser of the cash price of the item and the amount owing under the contract at the time of the application for temporary additional support; and

for the period of 20 months after the acquisition of the item, if the amount owing under the contract at the time of the application for temporary additional support is equal to or greater than the cash price of the item; and

for whichever of the following periods ends first, if the amount owing under the contract at the time of the application for temporary additional support is less than the cash price of the item:

means the regular and ongoing costs of renting a basic telephone, or of telephone line rental, or of both, as well as any wiring maintenance charges paid; and therefore

does not include toll charges.

that enables the applicant, or the applicant’s spouse or partner, or both, to take part in employment; or

that is required because the applicant is, or the applicant’s spouse or partner is, or both of them are, seriously disabled or seriously ill.

receives jobseeker support (other than on the ground of health condition, injury, or disability); and

is subject to work-test obligations; and

is a sole parent with a dependent child under the age of 1 year; and

is under section 222 of the Act a recipient of jobseeker support instead of sole parent support solely because that child is an additional dependent child.

receives jobseeker support on the ground of health condition, injury, or disability; and

is the subject of a determination under section 141(1) of the Act that the person does not have the capacity for part-time work.

receives jobseeker support; and

is subject to work-test obligations; and

has a health condition, an injury, or a disability that first arose or became apparent after the grant of jobseeker support; and

because of the health condition, injury, or disability, has no capacity for work or capacity only for work that is less than part-time work.

the person is a young person who is required to receive youth services under section 165(2) of the Act; and

the person is subject to work-test obligations; and

the person’s undertaking of a full-time course that will give the person credits towards NCEA level 2 or an equivalent qualification would reduce the person’s risk of long-term welfare dependency (as defined in section 165(9) of the Act); and

the deferral of all of the person’s work-test obligations is necessary to enable the person to undertake that study.

the person has become eligible for jobseeker support while receiving a youth payment; and

the person is subject to work-test obligations; and

the person is a student in a full-time course of secondary instruction or tertiary education that will give the person credits towards NCEA level 2 or an equivalent or higher qualification that the person commenced or was undertaking while receiving the youth payment; and

the deferral of all of the person’s work-test obligations is necessary to enable the person to complete study towards that qualification.

for a period set by MSD; or

on conditions set by MSD; or

both for a period, and on conditions, set by MSD.

the certificate for the purpose of section 27 of the Act and any relevant report obtained under section 28 of the Act; and

any relevant work ability assessment under sections 115 to 119 of the Act.

review a deferral granted under regulation 74, 75, 76, 77, or 78; and

extend, vary, or revoke it.

for the purposes of the definition (in section 152 of the Act) of evidential drug test; and

as contemplated by paragraph (c) of that definition.

section 1:

section 2:

section 3:

section 5:

Appendices B to E.

for evidential purposes (but not for screening purposes); and

that involves use of laboratory confirmatory procedures for the unequivocal identification and quantitation of controlled drugs.

for the purposes of the definition (in section 152 of the Act) of screening drug test; and

as contemplated by paragraph (c)(iii) of that definition.

section 1:

section 2:

section 3:

section 4 (except the requirement in clause 4.10 that samples with results equal to, or greater than, the cut-off in Table 1 must be subjected to confirmatory testing):

Appendix A (if the screening testing is carried out not by way of laboratory screening but on site):

Appendices B to E.

for screening purposes (and evidential purposes); and

that involves use of a procedure for on-site or laboratory screening for controlled drugs; and

that does not involve laboratory confirmatory procedures for the unequivocal identification and quantitation of controlled drugs.

results in the sample not being available for evidentiary testing (as defined in regulation 82(3)) for any purposes (for example, for the purposes of the beneficiary’s disputing under section 257 of the Act a sanction to be imposed under any of sections 234 to 238 of the Act); and

is therefore also a waiver of evidentiary testing (as so defined) for all purposes of the sample; and

results (in the absence of a good and sufficient reason described in section 250 of the Act) in a sanction under any of sections 234 to 238 of the Act being able to be imposed on the beneficiary based solely on the beneficiary’s having failed a screening drug test.

not complying with a drug testing obligation under section 147 of the Act:

failing to apply for suitable employment that requires candidates to undertake drug tests.

the person has completed a screening process that has identified the person (based on information the person provided) as—

the person has (in any manner) agreed to receive services for drug issue assessment and assistance for a period that—

the period referred to in paragraph (b) has not expired.

to assess any needs of the recipient for support in addressing the recipient’s use (including, without limitation, the causes of the recipient’s use) of 1 or more controlled drugs, give the recipient support of that kind, or both; and

that will be, or have been, provided by a suitably qualified provider of services of that kind.

a screening drug test of the person undertaken without any associated later evidential drug test of the person; or

an evidential drug test of the person if the person has failed any associated prior screening drug test under paragraph (a); or

an evidential drug test of the person undertaken without any associated prior screening drug test of the person.

for the purposes of all or any of sections 124 to 140, and subpart 2 of Part 5, of the Act:

for the purposes of a review or an appeal against a decision under all or any of the provisions specified in paragraph (a).

reimbursement of the costs is not prevented by section 151(2) of the Act (on the costs of an evidential drug test if the person waives the right to an evidential drug test in the situation specified in section 149(1) of the Act); and

the costs are the actual and reasonable costs of the test and do not exceed the prescribed maximum amount of reimbursement set out in Schedule 4 of these regulations; and

MSD has been provided with the result of the test; and

MSD is satisfied that the result relates to the person required to undergo the test; and

MSD is satisfied that the person required to undergo the test has failed the test.