PART 5CONDITIONS OF ENTITLEMENT
Periods of sickness and persons receiving treatment outside Northern Ireland47
1
A person—
a
who has been awarded a jobseeker’s allowance, or is a person to whom any of the circumstances mentioned in Article 8J(2) or (3) or 8K(2) of the Order apply;
b
who is temporarily absent from Northern Ireland in the circumstances prescribed by regulation 40(5);
c
who proves to the satisfaction of the Department that they are unable to work on account of some specific disease or disablement; and
d
but for their disease or disablement, would satisfy the requirements for entitlement to a jobseeker’s allowance other than those specified in Article 3(2)(f) of the Order (capable of work or not having limited capability for work),
is to be treated during that period of temporary absence abroad as capable of work or as not having limited capability for work, except where that person has stated in writing before that period of temporary absence abroad begins that immediately before the beginning of the period of that temporary absence abroad they have claimed employment and support allowance.
2
The evidence which is required for the purposes of paragraph (1)(c) is a declaration made by that person in writing, in a form approved for the purposes by the Department that they are unfit for work from a date or for a period specified in the declaration.