The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2010

Citation and commencement

1.  These Regulations may be cited as the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 6th April 2010.

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 (4).

(2) In regulation 2 (evidence of incapacity for work, limited capability for work and confinement) for paragraph (1)(2) substitute—

“(1) Subject to regulation 5 and paragraph (1A), where a person claims to be entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay) and entitlement to that benefit, allowance or advantage depends on that person being incapable of work or having limited capability for work, then in respect of each day until that person has been assessed for the purposes of the personal capability assessment or the limited capability for work assessment that person shall provide evidence of such incapacity or limited capability by means of a statement given by a doctor in accordance with the rules set out in Part I of Schedule 1 to these Regulations.

(1A) Where it would be unreasonable to require a person to provide a statement in accordance with paragraph (1) that person shall provide such other evidence as may be sufficient to show that he is incapable of work or has limited capability for work so that he should refrain (or should have refrained) from work by reason of some specific disease or bodily or mental disability.”.

(3) For Schedule 1(3) (rules and form of doctor’s statement) substitute the Schedule set out in Schedule 1 to these Regulations.

(4) Omit Schedules 1A and 1B(4).

Amendment of the Statutory Sick Pay (Medical Evidence) Regulations

3.—(1) The Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985(5) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation) for the definition of “the Order” substitute—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;”.

(3) In regulation 2 (medical information)—

(a) for paragraph (1)(6) substitute—

“(1) Medical information required under section 12(1) of the Administration Act relating to incapacity for work shall be provided either—

(a) in the form of a statement given by a doctor in accordance with the rules set out in Part I of Schedule 1; or

(b) by such other means as may be sufficient in the circumstances of any particular case.”.

(b) in paragraph (2) for “under Article 19(2) of the Order” substitute “under section 12(1) of the Administration Act”.

(4) For Schedule 1(7) (rules and form of doctor’s statement) substitute the Schedule set out in Schedule 2 to these Regulations.

(5) Omit Schedule 2(8).

Revocations

4.  The Regulations specified in column (1) of Schedule 3 are revoked to the extent specified in column (3).

Sealed with the Official Seal of the Department for Social Development on 26th February 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

The Commissioners for Her Majesty’s Revenue and Customs concur with regulation 3, and regulation 4 in so far as concurrence is required.

Dave Hartnett

Bernadette Kenny

Two of the Commissioners for Her Majesty’s Revenue and Customs

1st March 2010