Power of the CSC to require invalidity pensioner to be medically examined etc
74 Power of the CSC to require invalidity pensioner to be medically examined etc
CSC may, by notice in writing given to a person to whom invalidity pension is payable, require the person:
to submit himself or herself for medical examination by a medical practitioner at a time, being a time before the person attains the age of 65 years, and place specified in the notice; or
to give in writing to CSC, within such period as is specified in the notice, being a period that ends before the person attains the age of 65 years:
such information as is required by the notice with respect to any employment (whether as an employee or on the person’s own account) in which the person has been engaged during such period as is specified in the notice; or
particulars of the person’s personal earnings, within the meaning of section 73A, and an estimate of the amount of those earnings that the person expects to receive in the next 12 months.
A notice under subsection (1) shall set out the effect of subsection (3).
Where a person fails to comply with a notice given under subsection (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 such day as CSC determines, being a day not earlier than:
in a case where the first‑mentioned notice required the person to submit himself or herself for medical examination on a day specified in the notice—the day next following that day; or
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 expiration of that period.
A notice to a person under subsection (3) shall set out the effect of subsections (5C), (5E) and (5F) and of section 74A.
Subject to section 74A, a suspension of a person’s invalidity pension under subsection (3) continues in force, unless sooner revoked, until the person attains the age of 65 years.
Invalidity pension is not payable in respect of a period during which a suspension of the pension under subsection (3) is in force.
Where:
the invalidity pension of a person is suspended under subsection (3); and
CSC, having regard to such matters as he or she considers relevant, is of the opinion that the suspension should be revoked;
CSC may, by notice in writing given to the person or to the person and a person acting on the person’s behalf, as the case requires, revoke the suspension with effect from such day as CSC determines, being a day not later than the day on which the notice is given.
Without limiting subsection (5B), where the invalidity pension of a person (in this subsection referred to as the relevant person) is suspended under subsection (3), the relevant person, or another person acting on his or her behalf, may, by notice in writing given to CSC, request CSC to revoke the suspension, and where such a request is made, CSC shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be:
if the pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the relevant person to submit himself or herself for medical examination—require the relevant person to submit himself or herself for medical examination by a medical practitioner at a time, being a time before the relevant person attains the age of 65 years, and place specified in the second‑mentioned notice; or
if the pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the relevant person to give information to CSC (in this paragraph referred to as the original notice)—require the relevant person to give in writing to CSC, within such period as is specified in the second‑mentioned notice, being a period that ends before the relevant person attains the age of 65 years, such information as was required by the original notice to be given.
A notice given by CSC under subsection (5C) shall set out the effects of subsections (5E) and (5F) and of section 74A.
Where:
because of a request having been made to revoke the suspension of the invalidity pension of a person (in this subsection referred to as the relevant person), a notice under subsection (5C) is given to the relevant person or to the relevant person and another person; and
either:
the relevant person complies with the notice; or
the relevant person fails to comply with the notice but CSC is satisfied that there was a reasonable excuse for the failure;
CSC shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, revoke the suspension with effect from such day as CSC determines, being a day not later than:
in a case to which subparagraph (b)(i) applies—the day on which the relevant person so complied with the notice; or
in a case to which subparagraph (b)(ii) applies—the day on which CSC became so satisfied.
Where:
because of a request having been made to revoke the suspension of the invalidity pension of a person (in this subsection referred to as the relevant person), a notice under subsection (5C) is given to the relevant person or to the relevant person and another person; and
the relevant person fails to comply with the notice and CSC is not satisfied that there was a reasonable excuse for the failure;
CSC shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, refuse to revoke the suspension.
A notice under subsection (5F) shall set out the effect of section 74A.
Where a person whose invalidity pension has been suspended under subsection (3) of this section or subsection 73A(4) dies before the invalidity pension again becomes payable, he or she shall, for the purposes of subsection 93(2), 106(1) or 108(1), be deemed to have been in receipt of invalidity pension at the time of his or her death and, for the purposes of section 96 and subsections 106(3) and 108(3), the pension shall be deemed to have been payable at the rate at which it would have been payable to him or her if it had not been suspended.
Where invalidity pension again becomes payable to a person whose pension was suspended under subsection (3) of this section or subsection 73A(4), the person shall, for the purposes of the application of Part X in relation to the pension, be deemed to have been in receipt of invalidity pension during the period of the suspension at the rate at which it would have been payable to him or her if it had not been suspended.
The cost of any medical examination carried out for the purposes of this section shall be treated as part of the cost of the administration of this Act.
Where CSC is required by this section to give a person a notice, the notice shall be taken to have been given to the person if:
the notice is served on the person personally;
the notice is sent to the person by pre‑paid post as a letter and the person acknowledges receipt of the letter; or
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:
in a case where CSC is satisfied that at least one reliable address of the person has been ascertained—that reliable address, or one of the reliable addresses, ascertained; or
in any other case—the last address of the person known to CSC.
A reference in subsection (9) to a reliable address of a person shall be read as 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.
Nothing in this section shall be taken, by implication, to exclude or limit the application of Part XIA of the superseded Act to decisions of CSC (within the meaning of that Act) under this section.
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