Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations 2022.

(2) These Regulations come into force on 1st July 2022.

(3) These Regulations extend to England and Wales and Scotland.

(4) In these Regulations—

“ the 1976 Regulations” means the Social Security (Medical Evidence) Regulations 1976( 4);

“ the 1985 Regulations” means the Statutory Sick Pay (Medical Evidence) Regulations 1985( 5).

Amendment of the 1976 Regulations

2.—(1) The 1976 Regulations are amended as follows.

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

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

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

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

(5) In Schedule 1, Part 1, 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 1, rule 2—

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

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

(7) In Schedule 1, Part 1, rule 3—

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

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

(8) In Schedule 1, Part 1, rule 4—

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

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

(9) In Schedule 1, Part 1, 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 1, after rule 5 insert the following—

“5A.   Where the healthcare professional’s statement is in the form set out in Part 2 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 1, rule 6—

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

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

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

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

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

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

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

(17) In Schedule 1, Part 1, rule 12—

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

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

(18) In Schedule 1, Part 1, 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 2;

(b) the heading of Schedule 1, Part 2A.

Amendment of the 1985 Regulations

3.—(1) The 1985 Regulations are amended as follows.

(2) In regulation 1(2), after the definition of the “1992 Act”, insert—

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

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

(4) In Schedule 1, Part 1, 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,”.

(5) In Schedule 1, Part 1, rule 2—

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

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

(6) In Schedule 1, Part 1, rule 3—

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

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

(7) In Schedule 1, Part 1, rule 4—

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

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

(8) In Schedule 1, Part 1, 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.”.

(9) In Schedule 1, Part 1, after rule 5 insert the following—

“5A.   Where the healthcare professional’s statement is in the form set out in Part 2 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. ”.

(10) In Schedule 1, Part 1, rule 6—

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

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

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

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

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

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

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

(16) In Schedule 1, Part 1, rule 12—

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

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

(17) In Schedule 1, Part 1, 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”.

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

(a) the heading of Schedule 1, Part 2;

(b) the heading of Schedule 1, Part 2A.

Consequential Amendments

4.—(1) In regulation 55ZA(2)(a) of the Jobseeker’s Allowance Regulations 1996( 10), after “the form of” omit “a doctor’s”.

(2) In regulation 21(1)(a) of the Employment and Support Allowance Regulations 2008( 11), after “the form of” omit “doctor’s”.

(3) In the Universal Credit Regulations 2013( 12)—

(a) in regulation 8(1)(b), omit “by a registered medical practitioner”;

(b) in regulation 99(4)(b)(ii), omit “by a doctor”.

(4) In the Jobseeker’s Allowance Regulations 2013( 13)—

(a) in regulation 16(5)(b)(ii), omit “by a doctor”;

(b) in regulation 46A(2)(a), after “the form of” omit “a doctor’s”.

(5) In regulation 17(1)(a) of the Employment and Support Allowance Regulations 2013( 14), after “the form of” omit “doctor’s”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Medical Evidence) Regulations 1976 (“ the 1976 Regulations”) and the Statutory Sick Pay (Medical Evidence) Regulations 1985 (“ the 1985 Regulations”).

Regulation 2 amends the 1976 Regulations, and regulation 3 amends the 1985 Regulations, to expand the people who can sign statements (which are known as “fit notes”) to include registered nurses, occupational therapists, pharmacists and physiotherapists. Fit notes are the prescribed form of evidence for social security and statutory sick pay purposes. Regulations 2 and 3 replace references to “doctor” with references to “healthcare professional”. They also insert a definition of “healthcare professional” which includes doctors and the four new professions.

Regulation 4 makes consequential amendments to other sets of Regulations which refer to medical evidence under the 1976 Regulations as having been signed by doctors or registered medical practitioners.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.