The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

Information and medical examination

63.—(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).