Regulation 9 Claimant may be called for a consultation to determine whether the claimant has limited or severely limited ability to carry out activities

(1)

Where it falls to be determined whether C has limited ability or severely limited ability to carry out daily living activities or mobility activities, C may be required to do either or both of the following —

(a)

attend for and participate in a consultation in person;

(b)

participate in a consultation by telephone.

(2)

Subject to paragraph (3), where C fails without good reason to attend for or participate in a consultation referred to in paragraph (1), a negative determination must be made.

(3)

Paragraph (2) does not apply unless —

(a)

written notice of the date, time and, where applicable, place for, the consultation is sent to C at least 7 days in advance; or

(b)

C agrees, whether in writing or otherwise, to accept a shorter period of notice of those matters.

(4)

In paragraph (3), reference to written notice includes notice sent by electronic communication where C has agreed to accept correspondence in that way and ‘electronic communication’ has the meaning given in section 15(1) of the Electronic Communications Act 2000^f1.

(5)

In this regulation, a reference to consultation is to a consultation with a person approved by the Secretary of State.

Annotations

Footnotes

f1: 2000 (c.7). Section 15(1) was amended by the Communications Act 2003 (c.21), section 406(1) and Schedule 17, paragraph 158.