Document ID: chunk:federal_register_of_legislation:C2024C00465:section:35:p2
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 35 (pt 2/3)
Character Range: 91314–93835

and where such a request is made, CSC shall, by notice in writing given to the member or to the member and the other person, as the case may be:
 (a) if the invalidity pay has been suspended by virtue of the relevant member's having failed to comply with a notice requiring the member to submit to a medical examination—require the member 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 pay has been suspended by virtue of the member's having failed to comply with a notice requiring the member to give information to CSC (in this paragraph called the original notice)—require the member 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.
 (5C) A notice given by CSC under subsection (5B) shall set out the effects of subsections (5D) and (5E).
 (5D) Where:
 (a) because of a request having been made to revoke the suspension of the invalidity pay of a recipient member, a notice under subsection (5B) is given to the member or to the member and another person; and
 (b) either:
 (i) the member complies with the notice; or
 (ii) the member 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 member or to the member 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:
 (c) in a case to which subparagraph (b)(i) applies—the day on which the member so complied with the notice; or
 (d) in a case to which subparagraph (b)(ii) applies—the day on which CSC became so satisfied.
 (5E) Where:
 (a) because of a request having been made to revoke the suspension of the invalidity pay of a recipient member, a notice under subsection (5B) is given to the member or to the member and another person; and
 (b) the member 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 member or to the member and the other person, as the case may be, refuse to revoke the suspension.
 (6) Where a person whose invalidity pay has been suspended under this section dies before the invalidity pay again becomes payable, he shall, for the purposes of sections 39, 42, 43 and 47, be deemed to have been entitled to invalidity pay immediately before