Search Legislation

Advanced Search

The Social Security (Medical Evidence) Regulations 1976

Status:

This revised version has been created from an electronic version contributed by Westlaw which was originally derived from the printed publication. Read more

Changes to legislation:

There are currently no known outstanding effects for the The Social Security (Medical Evidence) Regulations 1976. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Social Security (Medical Evidence) Regulations 1976, and shall come into operation on 4th October 1976.

(2) In these regulations, unless the context otherwise requires—

“the Act” means the Social Security Act 1975;

[F1“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

“doctor” means a registered medical practitioner;

[F2“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 or registered physiotherapist;

(d)

a registered pharmacist within the meaning of article 3 of the Pharmacy Order 2010;]

[F3“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;]

[F4“limited capability for work” has the meaning—

(a)

for the purposes of employment and support allowance, given in section 1(4) of the Welfare Reform Act 2007; and

(b)

for the purposes of universal credit, given in section 37 of the Welfare Reform Act 2012;]

[F5“limited capability for work assessment” means the assessment of whether a person has limited capability for work—

(a)

for the purposes of old style ESA, under Part 5 of the Employment and Support Allowance Regulations;

(b)

for the purposes of new style ESA, under Part 4 of the Employment and Support Allowance Regulations 2013;

(c)

for the purposes of universal credit, under Part 5 of the Universal Credit Regulations 2013;]

[F6“personal capability assessment” means the assessment provided for in section 171C of the Contributions and Benefits Act;]

F7...

[F8“registered midwife” means a midwife who is registered as a midwife with the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001;]

“signature” means, in relation to any statement or certificate given in accordance with these regulations, the name by which the person giving that statement or certificate, as the case may be, is usually known (any name other than the surname being either in full or otherwise indicated) written by that person in his own handwriting; and “signed” shall be construed accordingly.

(3) Any reference in these regulations to any provisions made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.

(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply in relation to this instrument and in relation to the revocation effected by it as if this instrument, the regulations revoked by it and regulations revoked by the regulations so revoked were Acts of Parliament, and as if each revocation were a repeal.

[F9(5) For the purposes of the definition of “limited capability for work assessment” in paragraph (2)—

(a)“old style ESA” means an allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance; and

(b)“new style ESA” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance.]

Textual Amendments

Evidence of incapacity for work[F10, limited capability for work] and confinement

2.—[F11(1) Subject to regulation 5 and paragraph (1A) below, 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 they shall provide evidence of such incapacity or limited capability by means of a statement given by a [F12healthcare professional] in accordance with the rules set out in Part 1 of Schedule 1 to these Regulations.]

[F11(1A) Where it would be unreasonable to require a person to provide a statement in accordance with paragraph (1) above that person shall provide such other evidence as may be sufficient to show that they are incapable of work or have limited capability for work so that they should refrain (or should have refrained) from work by reason of some specific disease or bodily or mental disability.]

(2) Every person to whom paragraph (1) applies [F13who has not been assessed for the purposes of the [F14personal capability assessment]] [F15or the limited capability for work assessment] shall, before he returns to work, furnish evidence of the date on which he will become fit to resume work either in accordance with rule 10 of Part I of Schedule 1 to these regulations, or by such other means as may be sufficient in the circumstances of the case.

(3) Every woman who claims maternity benefit shall furnish evidence—

(a)where the claim is made in respect of expectation of confinement, that she is pregnant and as to the stage which she has reached in her pregnancy; or

(b)where the claim is made by virtue of the fact of confinement, that she has been confined,

and shall furnish such evidence [F16by means of a maternity certificate] given by a doctor or by a [F16registered midwife] [F17not earlier than the beginning of the 20th week before the week in which she is expected to be confined,] in accordance with the rules set out in Part I of Schedule 2 to these regulations in the appropriate form as set out in Part II of that Schedule or by such other means as may be sufficient in the circumstances of any particular case.

Textual Amendments

Amendment of the Social Security (Claims and Payments) Regulations 1975

F183.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional provisions and revocation

F194.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F20Self-certificate for first 7 days of a spell of incapacity for work [F21or limited capability for work]

5.—[F22(1) [F23The evidence of incapacity [F24or limited capability for work] required for the purposes of determining entitlement to a benefit, allowance or advantage referred to in regulation 2(1)]–

(a)for a spell of incapacity which lasts less than 8 days, F25...

(b)in respect of any of the first 7 days of a longer spell of incapacity;

[F26(c)for a period of limited capability for work which lasts less than 8 days; or]

[F26(d)in respect of any of the first 7 days of a longer period of limited capability for work,]

  • may consist of a self certificate instead of a certificate in the form of a statement in writing given by a [F27healthcare professional] in accordance with regulation 2(1).]

(2) For the purpose of this regulation-

  • [F28“self-certificate” means either—

    (i)

    a declaration made by the claimant in writing, on a form approved for the purpose by the Secretary of State; or

    (ii)

    where the claimant has made a claim for employment and support allowance in accordance with regulation 4G of the Social Security (Claims and Payments) Regulations 1987, an oral declaration by the claimant,

    that the claimant has been unfit for work from a date or for a period specified in the declaration and may include a statement that the claimant expects to continue to be unfit for work on days subsequent to the date on which it is made;.]

  • [F29“spell of incapacity” has the meaning given to it by section 171B(3) of the Contributions and Benefits Act.]]

Textual Amendments

David Ennals

Secretary of State for Social Services

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: