PART 12DISQUALIFICATION

Disqualification for misconduct, etc.I1157

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;

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 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.

3

Paragraph (2) does not apply where the claimant is—

a

disqualified for receiving an employment and support allowance by virtue of regulations made under section 6 of the Social Security Fraud Act (Northern Ireland) 2001155 (loss of benefit for commission of benefit offences); or

b

a person in hardship.