PART 12DISQUALIFICATION

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; or

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 Secretary of State 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 Secretary of State may determine.

3

Paragraph (1) does not apply where the claimant—

a

is disqualified for receiving an employment and support allowance by virtue of regulations made under section F26B or 7 of the Social Security Fraud Act 2001F1; or

b

is a person in hardship.