The Social Security (Claims and Payments) Regulations 1987

Obligations of persons in respect of whom allowances are claimed or awarded and disqualification for failure to comply

41.—(1) Subject to the following provisions of this regulation, every person, in respect of whom a claim for allowance is made or to whom mobility allowance has been awarded, shall comply with every notice given to him by the Secretary of State which requires him either–

(a) to submit himself to a medical examination by a medical authority for the purpose of determining any medical question as defined in regulation 53 of the Social Security (Adjudication) Regulations 1986(1); or

(b) to submit himself to such medical or other treatment as is available to him and is considered appropriate in his case by any medical authority to whose examination he has submitted himself in accordance with the foregoing provisions of this regulation, being treatment that may be expected to improve his condition so as to enable him to walk.

(2) Every notice given for the purpose of this regulation requiring a person to submit himself to medical examination shall be given in writing and shall specify the time and place of examination and shall not require a person to submit himself to examination on a date earlier than the third day after the day on which the notice is sent.

(3) Every person who is required to submit himself to a medical examination under this regulation shall attend at every such place and at every such time as may be required.

(4) Every person in respect of whom a claim for mobility allowance is made or to whom an allowance is awarded who, without good cause, fails to comply with any requirement of this regulation shall, if the adjudicating authority so decides, be disqualified for receiving any allowance in respect of the period of such failure:

Provided that–

(a) nothing in this regulation shall authorise the disqualification of any person for receiving an allowance for a period exceeding 6 weeks on any disqualification; and

(b) no person shall be disqualified for receiving any allowance for refusal to undergo a surgical operation not being one of a minor character.

(1)

S.I. 1986/2218.