13.3.3 How does a client become compliant following suspension of benefits?

Following suspension of benefits it is not sufficient for a client to merely agree to comply, for benefits to be reinstated. The client is required to demonstrate their compliance by their actions.

If a client's benefits have been suspended because they failed to attend a rehabilitation assessment or other appointments arranged as part of their rehabilitation program, then they must attend that appointment before benefits can be reinstated. On the day the client attends the appointment, benefits should be reinstated. If the client and or the rehabilitation provider are unable to reschedule the appointment for several days, then the suspension remains in place until the appointment takes place.

In some instances a client's non-compliance may have longer term implications. For example, where a person fails to undertake a training course and the rehabilitation program is delayed for up to a semester of study. Each case must be considered on its own facts.

However, the general principle is that once a person recommences their rehabilitation program then their benefits should be reinstated. Where a client repeatedly frustrates the rehabilitation process, consideration may be given to whether using the deeming provisions, outlined in section 2.7 of this manual, is appropriate.