Suspension and termination for failure to submit to medical examinationE+W+S
19.—(1) Except where regulation 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 M1 F1... (where a question arises as to whether a person is capable of work) [F2or regulation 23 of the Employment and Support Allowance Regulations (where a question arises whether a person has limited capability for work) applies], the Secretary of State [F3or the Board] may require a person to submit to a medical examination by a [F4health care professional approved by the Secretary of State] where that person is in receipt of a relevant benefit, and either—
(a)the Secretary of State considers [F5or the Board consider] it necessary to satisfy himself [F6or themselves] as to the correctness of the award of the benefit, or of the rate at which it was awarded; or
(b)that person applies for a revision or supersession of the award and the Secretary of State considers [F7or the Board consider] that the examination is necessary for the purpose of making his [F8or their] decision.
(2) The Secretary of State [F9or the Board] may suspend payment of a relevant benefit in whole or in part, to a person who fails, without good cause, on two consecutive occasions to submit to a medical examination in accordance with requirements under paragraph (1) except where entitlement to benefit is suspended on an earlier date other than under this regulation.
(3) Subject to paragraph (4), the Secretary of State [F9or the Board] may determine that the entitlement to a relevant benefit of a person, in respect of whom payment of such a benefit has been suspended under paragraph (2), shall cease from a date not earlier than the date on which payment was suspended except where entitlement to benefit ceases on an earlier date other than under this regulation.
(4) Paragraph (3) shall not apply where not more than one month has elapsed since the first payment was suspended under paragraph (2).
Textual Amendments
F1 Word in reg. 19(1) omitted (27.7.2008) by virtue of Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554) , regs. 1(2)(a) , 41(a)
F2 Words in reg. 19(1) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554) , regs. 1(2)(a) , 41(b)
F3 Words in reg. 19(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(a)
F4 Words in reg. 19(1) substituted (3.7.2007) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2007 (S.I. 2007/1626) , regs. 1 , 4(3)
F5 Words in reg. 19(1)(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(b)(i)
F6 Words in reg. 19(1)(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(b)(ii)
F7 Words in reg. 19(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(c)(i)
F8 Words in reg. 19(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(2)(c)(ii)
F9 Words in reg. 19(2) (3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 14(3)
Marginal Citations