25Power of CSC to require persons to be medically examined etc

25 Power of CSC to require persons to be medically examined etc

(1) CSC may, by notice in writing given to a person in receipt of an invalidity pension, require him or her: (a) to submit himself or herself for medical examination by a legally qualified medical practitioner at a time and place specified in the notice; or (b) to furnish in writing to CSC, within such period as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his or her own account) in which he or she has been engaged during such period as is specified in the notice. (2) A notice under subrule (1) must set out the effect of subrule (3). (3) Where a person fails to comply with a notice given under subrule (1) and CSC is not satisfied that there was a reasonable excuse for the failure, CSC may, by notice in writing given to the person, suspend the person’s invalidity pension with effect from a day determined by CSC, being a day not earlier than: (a) in a case where the first‑mentioned notice required the person to submit to a medical examination on a day specified in the notice—the day next following that day; or (b) in a case where the first‑mentioned notice required the person to furnish information within a period specified in the notice—the day next following the end of that period. (4) A notice to a person under subrule (3) must set out the effect of subrules (7), (9) and (10). (5) An invalidity pension is not payable in respect of a period during which a suspension under subrule (3) is in force. (6) Where: (a) the invalidity pension of a person is suspended under subrule (3); and (b) CSC, having regard to such matters as it considers relevant, is of the opinion that the suspension should be revoked; CSC may, by notice in writing given to the person, revoke the suspension with effect from a day determined by CSC, being a day not later than the day on which the notice is given. (7) Without limiting subrule (6), where the invalidity pension of a person is suspended under subrule (3), the person may, by notice in writing given to CSC, request CSC to revoke the suspension and, where such a request is made, CSC must, by notice in writing given to the person: (a) if the invalidity pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the person to submit to a medical examination—require the person to submit to a medical examination by a medical practitioner at a time and place specified in the second‑mentioned notice; or (b) if the invalidity pension has been suspended by virtue of the person’s having failed to comply with a notice requiring the person to give information to CSC (in this paragraph called the original notice)—require the person to give in writing to CSC, within such period as is specified in the second‑mentioned notice, such information as was required by the original notice to be given. (8) A notice given by CSC under subrule (7) must set out the effect of subrules (9) and (10). (9) Where: (a) because of a request having been made to revoke the suspension of the invalidity pension of a person, a notice under subrule (7) is given to the person; and (b) either: (i) the person complies with the notice; or (ii) the person fails to comply with the notice but CSC is satisfied that there was a reasonable excuse for the failure; CSC must, by notice in writing given to the person, revoke the suspension with effect from a day determined by CSC, being a day not later than: (c) in a case to which subparagraph (b)(i) applies—the day on which the person so complied with the notice; or (d) in a case to which subparagraph (b)(ii) applies: (i) the day on which CSC became so satisfied; or (ii) if CSC is satisfied that it would be equitable in the circumstances of the case for the revocation to have effect from an earlier day—from that earlier day. (10) Where: (a) because of a request having been made to revoke the suspension of the invalidity pension of a person, a notice under subrule (7) is given to the person; and (b) the person fails to comply with the notice and CSC is not satisfied that there was a reasonable excuse for the failure; CSC must, by notice in writing given to the person, refuse to revoke the suspension. (11) A notice required or permitted to be given: (a) to a person by CSC under subrule (6), (7), (9) or (10) may be given to a person acting on his or her behalf; or (b) to CSC by a person under this rule may be given by a person acting on his or her behalf. (12) Where CSC is required by this rule to give a person a notice, the notice is taken to have been given to the person if: (a) the notice is served on the person personally; or (b) the notice is sent to the person by pre‑paid post as a letter and the person acknowledges receipt of the letter; or (c) where CSC has caused all reasonable steps to be taken to ascertain a reliable address of the person, the notice is sent to the person by pre‑paid post to: (i) in a case where CSC is satisfied that at least one reliable address of the person has been ascertained—that address or one of those addresses; or (ii) in any other case—the last address of the person known to CSC. (13) A reference in subrule (12) to a reliable address of a person is a reference to an address where, if a letter were sent to the person by pre‑paid post to the address, the person would probably receive the letter.