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PART 6E+W+SLIMITED CAPABILITY FOR WORK-RELATED ACTIVITY

Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activityE+W+S

38.—(1) Where it falls to be determined whether a claimant has limited capability for work-related activity, that claimant may be called by or on behalf of a health care professional approved by the Secretary of State to attend for a medical examination.

(2) Subject to paragraph (3), where a claimant fails without good cause to attend for or to submit to an examination [F1mentioned] in paragraph (1), the claimant is to be treated as not having limited capability for work-related activity.

[F2(3) Paragraph (2) does not apply unless—

(a)written notice of the date, time and place for the examination was sent to the claimant at least seven days in advance; or

(b)the claimant agreed to accept a shorter period of notice whether given in writing or otherwise.]