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The Employment and Support Allowance Regulations 2008
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- UK Statutory Instruments
- 2008 No. 794
- PART 12
- Regulation 157
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- Revised Version 31/3/2030
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- Revised Version 30/11/2018
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- Revised Version 28/2/2015
- Revised Version 30/11/2014
- Correction Slip - 15/10/2010
Changes to legislation:
The Employment and Support Allowance Regulations 2008, Section 157 is up to date with all changes known to be in force on or before 07 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 157:
- Sch. 8 para. 41(1A)(c)-(e) substituted for Sch. 8 para. 41(1A)(c)(d) by S.I. 2025/44 reg. 8(7)(a)
- reg. 107(5A)(c)-(e) substituted for reg. 107(5A)(c)(d) by S.I. 2025/44 reg. 8(3)
- reg. 112(8)(b)(iii)-(v) substituted for reg. 112(8)(b)(iii)(iv) by S.I. 2025/44 reg. 8(4)
- reg. 115(5A)(c)-(f) substituted for reg. 115(5A)(c)-(e) by S.I. 2025/44 reg. 8(5)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 8 para. 41(1A)(c)-(e) substituted for Sch. 8 para. 41(1A)(c)(d) by S.I. 2025/44 reg. 8(7)(a)
- reg. 107(5A)(c)-(e) substituted for reg. 107(5A)(c)(d) by S.I. 2025/44 reg. 8(3)
- reg. 112(8)(b)(iii)-(v) substituted for reg. 112(8)(b)(iii)(iv) by S.I. 2025/44 reg. 8(4)
- reg. 115(5A)(c)-(f) substituted for reg. 115(5A)(c)-(e) by S.I. 2025/44 reg. 8(5)
Disqualification for misconduct etc.E+W+S
This section has no associated Explanatory Memorandum
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 [F16B or] 7 of the Social Security Fraud Act 2001F2; or
(b)is a person in hardship.
Textual Amendments
F1Words in reg. 157(3)(a) inserted (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 12(2)
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