[F1PART XIIAN.I. INCAPACITY FOR WORK]

Textual Amendments

F1Pt. XIIA (ss. 167A-167C) inserted (21.11.1994 for the purpose only of making regulations and 13.4.1995 otherwise) by S.I. 1994/1898 (N.I. 12), arts. 7, 8; S.R. 1994/450 (N.I. 12), art. 2(b), Sch. Pt. II

Modifications etc. (not altering text)

C1Pt. XIIA (ss. 167A-167C) applied (13.4.1995) by S.R. 1995/35, regs. 29, 30

C2Pt. XIIA (ss. 167A-167C) applied (with modifications) (5.2.1996 for the purpose of authorising the making of regulations and 7.10.1996 otherwise) by S.I. 1995/2705 (N.I. 15), art. 23, Sch. 1 para. 2; S.R. 1996/26, art. 2(d), Sch.; S.R. 1996/401, art. 2

[F2167E Incapacity for work: disqualification, etc.N.I.

(1)Regulations may provide for disqualifying a person for receiving any benefit, allowance or other advantage under any provision for the purposes of which this Part of this Act applies, or, in such cases as may be prescribed, provide that a

person shall be treated as capable of work, if—

(a)he has become incapable of work through his own misconduct;

(b)he fails without good cause to attend for or submit himself to such medical or other treatment as may be required in accordance with the regulations; or

(c)he fails without good cause to observe any prescribed rules of behaviour.

(2)Regulations shall provide that any such disqualification shall be, or as the case may be that the person shall be treated as capable of work, for such period not exceeding 6 weeks as may be determined in accordance with [F3Chapter II of Part II of the Social Security (Northern Ireland) Order 1998]].

(3)Regulations may prescribe for the purposes of this section—

(a)matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any act or omission; or

(b)circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission.

Textual Amendments

F2Ss. 167D-167G inserted (21.11.1994 for the purpose only of making regulations and 13.4.1995 otherwise) by S.I. 1994/1898 (N.I. 12), arts. 6, 8; S.R. 1994/450, art. 2, Sch. Pt. II

F3Words in s. 167E(2) substituted (6.9.1999 for specified purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 57; S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18)