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The Employment and Support Allowance Regulations (Northern Ireland) 2016

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Disqualification for misconduct etc.

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93.—(1) Subject to paragraph (3), paragraph (2) applies where a claimant—

(a)has limited capability for work by reason of the claimant’s own misconduct, except in a case where the limited capability is due to a sexually transmitted disease;

(b)fails without good cause to attend for or submit to medical or other treatment (excluding vaccination, inoculation or surgery which the Department considers is major) 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 to health; or

(d)is, without good cause, absent from the claimant’s place of residence without informing 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 in accordance with Chapter 2 of Part II of the Social Security (Northern Ireland) Order 1998(1).

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

(a)is disqualified for receiving an employment and support allowance by virtue of regulations made under section 5B or 6 of the Social Security Fraud Act (Northern Ireland) 2001(2) (loss of benefit for commission of benefit offences); or

(b)is a person in hardship.

(4) In this regulation, “doctor” means a registered medical practitioner, or in the case of a medical practitioner practising outside the United Kingdom, a person registered or recognised as such in the country in which the person undertakes medical practice.

(2)

2001 c. 17 (N.I.); section 5B was inserted by section 19 of the Welfare reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and section 6 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 45(1) of the Welfare Reform Act (Northern Ireland) 2007 (c.2 (N.I.))

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