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The Social Security (Personal Independence Payment) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 377
- PART 2
- Regulation 9
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Claimant may be called for a consultation to determine whether the claimant has limited or severely limited ability to carry out activitiesE+W+S
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9.—(1) Where it falls to be determined whether C has limited ability or severely limited ability to carry out daily living activities or mobility activities, C may be required to do either or both of the following —
(a)attend for and participate in a consultation in person;
(b)participate in a consultation by telephone [F1or by video] [F2or by video].
(2) Subject to paragraph (3), where C fails without good reason to attend for or participate in a consultation referred to in paragraph (1), a negative determination must be made.
(3) Paragraph (2) does not apply unless —
(a)written notice of the date, time and, where applicable, place for, the consultation is sent to C at least 7 days in advance; or
(b)C agrees, whether in writing or otherwise, to accept a shorter period of notice of those matters.
(4) In paragraph (3), reference to written notice includes notice sent by electronic communication where C has agreed to accept correspondence in that way and ‘electronic communication’ has the meaning given in section 15(1) of the Electronic Communications Act 2000 F3.
(5) In this regulation, a reference to consultation is to a consultation with a person approved by the Secretary of State.
Textual Amendments
F1Words in reg. 9(1)(b) inserted (25.3.2021) by The Social Security (Claims and Payments, Employment and Support Allowance, Personal Independence Payment and Universal Credit) (Telephone and Video Assessment) (Amendment) Regulations 2021 (S.I. 2021/230), regs. 1(1), 5(2)
F2Words in reg. 9(1)(b) inserted (25.3.2021) by The Social Security (Industrial Injuries Benefit and Personal Independence Payment) (Telephone and Video Assessment) (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/97), regs. 1(1), 3
F32000 (c.7). Section 15(1) was amended by the Communications Act 2003 (c.21), section 406(1) and Schedule 17, paragraph 158.
Commencement Information
I1Reg. 9 coming into force in accordance with reg. 1(2) and S.I. 2013/358
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