9.—(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 4(1) of the Electronic Communications Act (Northern Ireland) 2001(1).
(5) In this regulation, a reference to consultation is to a consultation with a person approved by the Department.
2001 c. 9 (N.I.); section 4(1) was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21)