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The Employment and Support Allowance Regulations 2008

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Changes over time for: Section 23

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Version Superseded: 29/10/2013

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Point in time view as at 01/06/2011. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the The Employment and Support Allowance Regulations 2008, Section 23. Help about Changes to Legislation

Claimant may be called for a medical examination to determine whether the claimant has limited capability for workE+W+S

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23.—(1) Where it falls to be determined whether a claimant has limited capability for work, that claimant may be called by or on behalf of a health care professional approved by the Secretary of State to attend for a medical examination.

(2) Subject to paragraph (3), where a claimant fails without good cause to attend for or to submit to an examination listed in paragraph (1), the claimant is to be treated as not having limited capability for work.

(3) Paragraph (2) does not apply unless written notice of the time and place for the examination was sent to the claimant at least 7 days in advance, or unless that claimant agreed to accept a shorter period of notice whether given in writing or otherwise.

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