PART IIDECISIONS AND APPEALS
C1C2C3C4C5CHAPTER IISOCIAL SECURITY DECISIONS AND APPEALS
Pt. 2 Ch. 2 (arts. 9-39) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 135(8), 170(3); S.I. 2008/3137, art. 2
Pt. 2 Ch. 2 (arts. 9-39) modified by 1992 c. 7, Sch. 4C para. 4 (as inserted (prosp.) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 81(5), 118(1), Sch. 2)
Pt. 2 Ch. 2 (arts. 9-39) applied (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 6, Sch. 1
Pt. 2 Ch. 2 (arts. 9-39) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2
Medical examinations
Medical examination required by the Department19 F1
F2F31
Before making a decision on a claim for a relevant benefit, or as to a person's entitlement to such a benefitF4. . . , the Department may refer the person—
a
in respect of whom the claim is made; or
b
whose entitlement is at issue,
to a medical practitioner for such examination and report as appears to the Department to be necessary for the purpose of providing it with information for use in making the decision.
2
Paragraph (3) applies where—
a
the Department has exercised the power conferred on it by paragraph (1); and
b
the medical practitioner requests the person referred to him to attend for or submit himself to medical examination.
3
If the person fails without good cause to comply with the request, the Department shall make the decision against him.
Pt. 2 Ch. 2 (arts. 9-39) applied (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 18(2), 60(1); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1