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.]
Textual Amendments
F1Word in reg. 38(2) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(20)(a)
F2Reg. 38(3) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(20)(b)