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PART 5LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY

Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity

35.—(1) Where it falls to be determined whether a claimant has limited capability for work-related activity, that claimant may be called by or on behalf of a health care professional approved by the Department to attend for a medical examination.

(2) Subject to paragraph (3), where a claimant fails without good cause to attend for or to submit to an examination mentioned in paragraph (1), the claimant is to be treated as not having limited capability for work-related activity.

(3) Paragraph (2) does not apply unless—

(a)written notice of the date, time and place for the examination was sent to the claimant at least 7 days in advance; or

(b)the claimant agreed to accept a shorter period of notice whether given in writing or otherwise.