The Victims’ Payments Regulations 2020

Assessment by a health care professional

15.—(1) Where an assessment is to be carried out by a health care professional, the Board must provide that health care professional with any relevant information obtained under regulation 29 or otherwise in the possession of the Board.

(2) A health care professional must assess the degree of relevant disablement by doing one or more of the following—

(a) considering any relevant information provided by the applicant or the Board;

(b) carrying out an examination of the applicant;

(c) considering the report of another health care professional who has considered any relevant information or carried out an examination of the applicant.

(3) Where a health care professional considers that an examination is necessary for the purpose of assessing the degree of relevant disablement, the health care professional may request that the applicant attends for, or submits to, an examination.

(4) Paragraph (5) applies where—

(a) a health care professional has made a request under paragraph (3), and

(b) the applicant has unreasonably refused to comply with the request.

(5) Any issue for which an examination is necessary for that issue to be proven is deemed not to be proven.

(6) The Board must make arrangements to ensure that only health care professionals with—

(a) experience and training in disability assessment medicine, and

(b) such other experience and training as the Board considers appropriate,

carry out assessments under these Regulations.

(7) In this regulation, “relevant information” means information relevant to the decisions the health care professional is required to make.

(8) Schedule 2 makes further provision regarding the assessment of the degree of relevant disablement.