OpenLegislation

Regulation 44 Medical examinations

England, Wales and Scotland

(1)

Where it falls to be determined whether a claimant has limited capability for work or for work and work-related activity F1or is a severe conditions criteria claimant, the claimant may be called by or on behalf of a health care professional approved by the Secretary of State to attend a medical examination.

(2)

Where a claimant who is called by or on behalf of such a health care professional to attend a medical examination F2in person, by telephone or by video fails without a good reason to attend or submit to the examination, the claimant is to be treated as not having limited capability for work or F3for work and work-related activity or as not being a severe conditions criteria claimant (as the case may be).

(3)

But paragraph (2) does not apply unless—

(a)

notice of the date, time and place of the examination was given to the claimant at least 7 days in advance; or

(b)

notice was given less than 7 days in advance and the claimant agreed to accept it.

Annotations

Textual amendments

F1

Words in reg. 44(1) inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 9(a)

F2

Words in reg. 44(1) inserted (25.3.2021) by The Social Security (Claims and Payments, Employment and Support Allowance, Personal Independence Payment and Universal Credit) (Telephone and Video Assessment) (Amendment) Regulations 2021 (S.I. 2021/230), regs. 1(1), 4(2)

F3

Words in reg. 44(2) substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 9(b)