The Social Security (Medical Evidence) Regulations 1976

Changes over time for: Section 2

Version Superseded: 06/04/2010

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Evidence of incapacity for work[F1, limited capability for work] and confinement

2.—(1) [F2Subject to regulation 5] [F3where a person claims he is entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay), and his entitlement to that benefit, allowance or advantage depends on his being incapable of work [F4or having limited capability for work], then in respect of each day until he has been assessed for the purposes of the [F5personal capability assessment] [F6or the limited capability for work assessment], he shall provide evidence of such incapacity] [F7or limited capability for work][F8—

(a)by means of a certificate in the form of a statement in writing given by a doctor in accordance with the rules set out in Part I of Schedule 1 to these Regulations on the form set out in Part II of that Schedule; or

(b)where a doctor—

(i)has not given a statement under sub-paragraph (a)

of this paragraph since the patient was examined and wishes to give such a statement but more than one day has passed since the examination; or

(ii)advises that the patient should refrain from work on the basis of a written report from another doctor, set out in Part I of Schedule 1A to these Regulations on the form set out in Part II of that Schedule; or]

[F9(c)[F10where the question of whether a person is capable or incapable of work [F11or whether a person has or does not have limited capability for work] falls to be determined in accordance with the personal capability assessment] [F6or the limited capability for work assessment] and the Secretary of State so requests, a statement in writing given by a doctor in accordance with the rules set out in Part I of Schedule 1B to these Regulations on the form set out in Part II of that Schedule; or]

[F9(d)where it would be unreasonable to require a person to provide a statement [F12in accordance with sub-paragraphs (a) to (c)], such other evidence as may be sufficient to show that he should refrain [F13(or should have refrained)] from work by reason of some specific disease or bodily or mental disablement.]

(2) Every person to whom paragraph (1) applies [F14who has not been assessed for the purposes of the [F15personal capability assessment]] [F16or 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 [F17by means of a maternity certificate] given by a doctor or by a [F17registered midwife] [F18not 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

F1Words in reg. 2 heading inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 68(3)(a)

F2Words in reg. 2 inserted (14.6.1982) by The Social Security (Medical Evidence, Claims and Payments) Amendment Regulations 1982 (S.I. 1982/699), regs. 1(1), 2(1)

F3Words in reg. 2(1) substituted (13.4.1995) by The Social Security (Medical Evidence) Amendment Regulations 1994 (S.I. 1994/2975), regs. 1(1), 2(3)(a)(i)

F4Words in reg. 2(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 68(3)(b)(i)

F5Words in reg. 2(1) substituted (3.4.2000) by The Social Security (Incapacity) Miscellaneous Amendments Regulations 2000 (S.I. 2000/590), regs. 1(b), 6(a)(i)

F6Words in reg. 2(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 68(3)(b)(ii)

F7Words in reg. 2(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 68(3)(b)(iii)

F8Words in reg. 2(1) substituted (9.3.1992) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1992 (S.I. 1992/247), regs. 1(1), 3(2)

F9Reg. 2(1)(c)(d) substituted for reg. 2(1)(c) (13.4.1995) by The Social Security (Medical Evidence) Amendment Regulations 1994 (S.I. 1994/2975), regs. 1(1), 2(3)(a)(ii)

F10Words in reg. 2(1)(c) substituted (3.4.2000) by The Social Security (Incapacity) Miscellaneous Amendments Regulations 2000 (S.I. 2000/590), regs. 1(b), 6(a)(ii)

F11Words in reg. 2(1)(c) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 68(3)(b)(iv)