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The Employment and Support Allowance Regulations (Northern Ireland) 2008

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Certain claimants to be treated as having limited capability for workN.I.

20.— [F1(1)]  A claimant is to be treated as having limited capability for work if—

(a)the claimant is terminally ill;

[F2(b)the claimant is—

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy,

(ii)likely to receive such treatment within 6 months after the date of the determination of capability for work, or

(iii)recovering from such treatment,

and the Department is satisfied that the claimant should be treated as having limited capability for work.]

(c)the claimant is—

(i)excluded or abstains from workF3... pursuant to a request or notice in writing lawfully made [F4or given] under a statutory provision, or

(ii)otherwise prevented from working pursuant to a statutory provision,

[F5by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with,] a case, of a relevant disease;

(d)in the case of a pregnant woman, there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work;

(e)in the case of a pregnant woman, she—

(i)is within the maternity allowance period [F6(which has the meaning it has in F7...the Contributions and Benefits Act)] , and

(ii)is entitled to a maternity allowance under section 35(1) [F8or 35B(1)] of the Contributions and Benefits Act(1);

(f)in the case of a pregnant woman whose expected or actual date of confinement has been certified in accordance with the Medical Evidence Regulations, on any day in the period—

(i)beginning with the first date of the 6th week before the expected week of her confinement or the actual date of her confinement, whichever is earlier, and

(ii)ending on the 14th day after the actual date of her confinement,

if she would have no entitlement to a maternity allowance or statutory maternity pay were she to make a claim in respect of that period.

[F9(g)[F10the claimant meets] any of the descriptors at paragraph 15 or 16 of Schedule 3 [F11in accordance with regulation 34(2), (3) and (6) where applicable] .]

[F12(2) In this regulation, “relevant disease” means an infectious disease to which—

(a)section 15(1) of the Public Health Act (Northern Ireland) 1967 (power to require person in contact with infectious disease to discontinue employment and compensation therefor.) applies;

(b)regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008 (examination etc., of persons on ships and powers in respect of persons leaving ships) apply; or

(c)regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008 (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply.]

Textual Amendments

F2Reg. 20(b) substituted (with application in accordance with reg. 2 of the amending Rule) by The Employment and Support Allowance (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/2), regs. 1(1), 3(3)

Commencement Information

I1Reg. 20 in operation at 27.10.2008, see reg. 1(1)

(1)

Subsection (1) was substituted by Article 50(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by paragraph 2(a) of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.))

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