OpenLegislation

Regulation 157 Disqualification for misconduct etc.

England, Wales and Scotland

(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.

Annotations

Textual amendments

F1

Words 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)

F2

2001 c. 11.

Notes on the whole SI

Textual amendments

F1

Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.

F2

Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.

F3

Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.

F4

Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.

F5

2007 c. 5.

F6

1992 c. 5.

F7

1998 c. 14.