PART 7ADJUDICATION

Information and medical examination63

1

Where paragraph (2) applies a claim is to be treated as never having been made.

2

This paragraph applies where a claim has been made, and the claimant “C” has been requested in writing—

a

to provide further information which is reasonably required for the determination of the claim and—

i

that information is not given or sent to the Secretary of State within 3 months of the date on which the request is sent; and

ii

C does not provide a satisfactory explanation for that failure; or

b

to attend a medical examination—

i

at a time and place specified in a notice given or sent to C, not less than 10 days before the date of the examination; and

ii

C fails to attend without providing, within 3 months of the date of the examination to which the request related, a satisfactory explanation for that failure.

3

Paragraph (2) has effect where a person makes a claim on C's behalf, and references to C are to be construed accordingly.

4

The treating of a claim as never having been made does not prevent the making of a new claim in accordance with this Order.

5

In this article a reference to a claim includes a reference to an application for reconsideration under article 53(1) and an application for a review under article 55(6), 56(4), 57(5) or 59(1).