PART 12DISQUALIFICATION

Disqualification for misconduct etc.I193

1

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

a

has limited capability for work by reason of the claimant’s own misconduct, except in a case where the limited capability is due to a sexually transmitted disease;

b

fails without good cause to attend for or submit to medical or other treatment (excluding vaccination, inoculation or surgery which the Department considers is major) 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 to health; or

d

is, without good cause, absent from the claimant’s place of residence without informing 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 in accordance with Chapter 2 of Part II of the Social Security (Northern Ireland) Order 199893.

3

Paragraph (2) does not apply where the claimant—

a

is disqualified for receiving an employment and support allowance by virtue of regulations made under section 5B or 6 of the Social Security Fraud Act (Northern Ireland) 200194 (loss of benefit for commission of benefit offences); or

b

is a person in hardship.

4

In this regulation, “doctor” means a registered medical practitioner, or in the case of a medical practitioner practising outside the United Kingdom, a person registered or recognised as such in the country in which the person undertakes medical practice.