The Employment and Support Allowance Regulations (Northern Ireland) 2008

Disqualification for misconduct, etc.

157.—(1) Subject to paragraph (3), paragraph (2) applies where a claimant—

(a) has limited capability for work through the claimant’s own misconduct, except in a case where the limited capability is due to pregnancy or a sexually transmitted disease;

(b) fails without good cause to attend for or submit to medical or other treatment (excluding vaccination, inoculation or major surgery) recommended by a doctor with whom, or a hospital or similar institution with which, the claimant is undergoing medical treatment, which would be likely to remove the limitation on the claimant’s capability for work;

(c) fails without good cause to refrain from behaviour calculated to retard the claimant’s recovery; or

(d) is, without good cause, absent from the claimant’s place of residence without leaving word with the Department where the claimant may be found.

(2) A claimant referred to in paragraph (1) is to be disqualified for receiving an employment and support allowance for such period not exceeding 6 weeks as the Department may determine.

(3) Paragraph (2) does not apply where the claimant is—

(a) disqualified for receiving an employment and support allowance by virtue of regulations made under section 6 of the Social Security Fraud Act (Northern Ireland) 2001(1) (loss of benefit for commission of benefit offences); or

(b) a person in hardship.

(1)

2001 c. 17(N.I.); section 6 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 45(1) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))