PART 5SUSPENSION
Provision of information or evidence45
1
This regulation applies where the Secretary of State requires information or evidence from a person mentioned in paragraph (2) (“P”) in order to determine whether a decision awarding a benefit should be revised under section 9 of the 1998 Act or superseded under section 10 of that Act.
2
The persons are—
a
a person in respect of whom payment of any benefit has been suspended in the circumstances set out in regulation 44(2)(a) (suspension in prescribed cases);
b
a person who has made an application for a decision of the Secretary of State to be revised or superseded;
c
a person from whom the Secretary of State requires information or evidence under regulation 38(2) (evidence and information in connection with an award) of the Claims and Payments Regulations 2013;
d
a person from whom the Secretary of State requires documents, certificates or other evidence under regulation 31(3) (evidence and information) of the Jobseeker’s Allowance Regulations 2013;
e
a person whose entitlement to an employment and support allowance or universal credit is conditional on their having, or being treated as having, limited capability for work.
3
The Secretary of State must notify P of the requirements of this regulation.
4
P must either—
a
supply the information or evidence within—
i
a period of 14 days beginning with the date on which the notification under paragraph (3) was given or sent to P or such longer period as the Secretary of State allows in that notification, or
ii
such longer period as P satisfies the Secretary of State is necessary in order to comply with the requirements, or
b
satisfy the Secretary of State within the period applicable under sub-paragraph (a)(i) that either—
i
the information or evidence does not exist, or
ii
it is not possible for P to obtain it.
5
In relation to a person to whom paragraph (2)(d) refers, paragraph (4)(a)(i) has effect as if for “14 days” there were substituted “7 days”.
6
The Secretary of State may suspend the payment of a benefit, in whole or part, to any person to whom paragraph (2)(b), (c), (d) or (e) applies who fails to satisfy the requirements of paragraph (4).
7
In this regulation, “evidence” includes evidence which a person is required to provide in accordance with regulation 2 (evidence of incapacity for work, limited capability for work and confinement) of the Social Security (Medical Evidence) Regulations 197644.