Words in reg. 46(1)(b) inserted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(10)(a)(i)
Words in reg. 46(1)(c)(i) substituted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(10)(a)(ii)(aa)
Word in reg. 46(1)(c)(i) substituted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(10)(a)(ii)(bb)
Words in reg. 46(1)(c)(ii) inserted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(10)(a)(iii)
Words in reg. 46(2)(a) omitted (1.7.2022) by virtue of The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/182), regs. 1(1), 4(4)(b)
Words in reg. 46(3) inserted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(10)(b)
Reg. 46(3A) inserted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(10)(c)
Word in reg. 46(4) omitted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(10)(d)
Reg. 46 modified (temp.) (30.3.2020) by The Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020/53), regs. 1(1), 8(2)(b) (with reg. 10(2))
S.R. 1976 No. 175
This regulation applies to a person who—
has been awarded a jobseeker's allowance or is a person to whom any of the circumstances mentioned in Article 8J(2) or (3) or 8K(2) of the Order apply;
proves to the satisfaction of the Department that they are unable to work on account of some specific disease or disablement
either—
declares that they have been unable to work, or expect to be unable to work, on account of
is not a person to whom regulation 45(1) (short periods of sickness) applies by virtue of paragraph (3) of that regulation
during the period of their disease or disablement, satisfies the requirements for entitlement to a jobseeker's allowance except those specified in Article 3(2)(f) (capable of work or not having limited capability for work) of the Order; and
has not stated in writing that for the period of the disease or disablement they propose to claim or have claimed an employment and support allowance or universal credit.
The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(i) applies is—
evidence of incapacity for work or limited capability for work in accordance with the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 (which prescribe the form of
any such additional information as the Department may request.
In a case where paragraph (1)(c)(ii) applies, but the period in which the person has been unable to work or expects to be unable to work in fact exceeds 2 weeks, the evidence that is required for the purposes of paragraph (1)(b) is the evidence that is required in a case where paragraph (1)(c)(i) applies.
Subject to the following paragraphs, a person to whom this regulation applies is to be treated as capable of work or as not having limited capability for work for the continuous period beginning on the first day on which the person is unable to work on account of
the last such day; or
if that period would otherwise exceed 13 weeks, the day which is 13 weeks after the first day.
This regulation does not apply to a person on more than one occasion in any one period of twelve months starting on the first day applying for the purpose of paragraph (4).
Paragraphs (4) and (5) of regulation 45 apply for the purposes of this regulation as they apply for the purposes of paragraph (1) of regulation 45.