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The Social Security (Personal Independence Payment) Regulations 2013

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This is the original version (as it was originally made).

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

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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 15(1) of the Electronic Communications Act 2000(1).

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

(1)

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

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