C1C6C4C5C7C8C11C12C12C13C14C15C16Part 1Employment and support allowance

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))

C4

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C5

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C12

Pt. 1 applied (with modifications) (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) by The Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016 (S.I. 2016/1050), reg. 2(2)

C13

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C15

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C16

Pt. 1 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

Miscellaneous

18C1Disqualification

I1I21

Regulations may provide for a person to be disqualified for receiving an employment and support allowance, or treated for such purposes as the regulations may provide as not having limited capability for work, if—

a

he has become someone who has limited capability for work through his own misconduct,

b

he remains someone who has limited capability for work through his failure without good cause to follow medical advice, or

c

he fails without good cause to observe any prescribed rules of behaviour.

I1I22

Regulations under subsection (1) shall provide for any such disqualification, or treatment, to be for such period not exceeding 6 weeks as may be determined in accordance with Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14).

I33

Regulations may prescribe for the purposes of subsection (1)—

a

matters which are, or are not, to be taken into account in determining whether a person has good cause for any act or omission;

b

circumstances in which a person is, or is not, to be regarded as having good cause for any act or omission.

I1I24

Except where regulations otherwise provide, a person shall be disqualified for receiving F1a contributory allowanceF1an employment and support allowance for any period during which he is—

a

absent from Great Britain, or

C3C2C10C9b

undergoing imprisonment or detention in legal custody.