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28.—(1) Where the Department is satisfied that it is appropriate in the circumstances of the case, a claimant may be treated as not having limited capability for work if—
(a)the claimant has supplied medical evidence;
(b)the period for which medical evidence was supplied has ended;
(c)the Department has requested further medical evidence; and
(d)the claimant has not, before whichever is the later of either the end of the period of 6 weeks beginning with the date of the Department’s request or the end of 6 weeks beginning with the day after the end of the period for which medical evidence was supplied—
(i)supplied further medical evidence, or
(ii)otherwise made contact with the Department to indicate that they wish to have the question of limited capability for work determined.
(2) In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Medical Evidence Regulations.
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