The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations (Northern Ireland) 2022

Amendment of the Social Security (Medical Evidence) Regulations

2.—(1) The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976(1) are amended in accordance with paragraphs (2) to (19).

(2) In regulation 1(2)(2), after the definition of “doctor”, insert—

““healthcare professional” means a person, not being the patient, who is—

(a)

a registered medical practitioner;

(b)

a registered nurse;

(c)

a registered occupational therapist;

(d)

a registered pharmacist;

(e)

a registered physiotherapist;

“occupational therapist” means a person who is registered in the part of the register maintained under Article 5 of the Health Professions Order 2001(3) relating to occupational therapists;

“pharmacist” means a person who is registered in the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976(4);

“physiotherapist” means a person who is registered in the part of the register maintained under Article 5 of the Health Professions Order 2001 relating to physiotherapists;”.

(3) In regulation 2(1)(5), for “doctor” substitute “healthcare professional”.

(4) In regulation 5(1)(6), for “doctor” substitute “healthcare professional”.

(5) In Schedule 1(7), Part I, rule 1—

(a) in the definition of “assessment”—

(i) for “doctor”, in each place where it occurs, substitute “healthcare professional”;

(ii) after “other health” omit “care”;

(b) omit the definition of “doctor”;

(c) in the definition of “other health care professional”—

(i) for ““other health care professional”” substitute ““other health professional””;

(ii) for “registered medical practitioner” substitute “healthcare professional”;

(iii) omit “a registered nurse,”;

(iv) omit “an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999,”.

(6) In Schedule 1, Part I, rule 2—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”;

(7) In Schedule 1, Part I, rule 3—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”;

(8) In Schedule 1, Part I, rule 4—

(a) for “doctor’s” substitute “healthcare professional’s”;

(b) for “doctor” substitute “healthcare professional”;

(9) In Schedule 1, Part I, rule 5—

(a) for “doctor’s”, in each place where it occurs, substitute “healthcare professional’s”;

(b) for “doctor”, in each place where it occurs, substitute “healthcare professional”;

(c) in sub-paragraph (h), for “otherwise).” substitute “otherwise); and”

(d) after sub-paragraph (h), insert “(i) the profession of the healthcare professional.”.

(10) In Schedule 1, Part I, after rule 5 insert—

“5A.   Where the healthcare professional’s statement is in the form set out in Part 11 of this Schedule—

(a) the healthcare professional’s name shall, irrespective of their profession, be recorded next to the words “doctor’s signature”;

(b) the healthcare professional’s address shall, irrespective of their profession, be recorded next to the words “doctor’s address”; and

(c) the healthcare professional shall record their profession within the statement in such place as appears to them to be appropriate.”.

(11) In Schedule 1, Part I, rule 6—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”.

(12) In Schedule 1, Part I, rule 7, for “doctor”, in both places where it occurs, substitute “healthcare professional”.

(13) In Schedule 1, Part I, rule 8, for “doctor’s” substitute “healthcare professional’s”.

(14) In Schedule 1, Part I, rule 9, in both places where it occurs, for “doctor’s” substitute “healthcare professional’s”.

(15) In Schedule 1, Part I, rule 10, in each place where it occurs, for “doctor’s” substitute “healthcare professional’s”.

(16) In Schedule 1, Part I, rule 11, in both places where it occurs, for “doctor’s” substitute “healthcare professional’s”.

(17) In Schedule 1, Part I, rule 12—

(a) for “doctor’s” substitute “healthcare professional’s”;

(b) ”for “doctor” substitute “healthcare professional”.

(18) In Schedule 1, Part I, rule 13—

(a) for “doctor”, in both places where it occurs, substitute “healthcare professional”;

(b) for “doctor’s”, in both places where it occurs, substitute “healthcare professional’s”.

(19) In the following places, for the reference to “doctor’s” substitute “healthcare professional’s”—

(a) the heading of Schedule 1, Part II;

(b) the heading of Schedule 1, Part IIA.

(1)

S.R. 1976 No. 175; relevant amending Regulations are S.R. 1987 No. 117, S.R. 1994 No. 468, S.R. 2000 No. 4, S.R. 2008 No. 286, S.R. 2010 No. 55 and S.R. 2022 No. 120. There are other amendments not relevant to these Regulations

(2)

Regulation 1(2) was amended by regulation 2(2) of S.R. 1987 No. 117, regulation 2(2) of S.R. 1994 No. 468, regulation 3(2) of S.R. 2000 No. 4 and regulation 8(2) of S.R. 2008 No. 286

(3)

S.I. 2002/254. Article 5 was amended by S.I. 2009/1182

(4)

S.I. 1976/1213 (N.I. 22). Articles 6 and 9 were amended by S.R. 2008 No. 192 and Article 9 was further amended by Schedule 4 to the Coronavirus Act 2020 (c. 7)

(5)

Regulation 2(1) was substituted by regulation 2(2) of S.R. 2010 No. 55

(6)

Regulation 5(1) was substituted by regulation 2(4) of S.R. 1994 No. 468

(7)

Schedule 1 was substituted by regulation 2(3) of S.R. 2010 No. 55 and amended by regulation 2 of S.R. 2022 No. 120