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

(1)

S.R. 1976 No. 175; relevant amending Regulations are S.R. 1982 No. 153, S.R. 1992 No. 83, S.R. 1994 No. 468, S.R. 1995 No. 149, S.R. 1999 No. 100, S.R. 2000 No. 4 and S.R. 2008 No. 286

(2)

Paragraph (1) was amended by regulation 2(1) of S.R. 1982 No. 153, regulation 2(2) of S.R. 1992 No. 83, regulation 2(3)(a) of S.R. 1994 No. 468, regulation 2(2) of S.R. 1995 No. 149, regulation 3(3)(a) and (b) of S.R. 2000 No. 4 and regulation 8(3)(b) of S.R. 2008 No. 286

(3)

Schedule 1 was amended by regulation 2(3) of S.R. 1992 No. 83 and regulation 9 of S.R. 1999 No. 100

(4)

Schedule 1A was inserted by regulation 2(4) of S.R. 1992 No. 83 and Schedule 1B was inserted by regulation 2(5) of S.R. 1994 No. 468 and amended by regulation 2(3) of S.R. 1995 No. 149 and regulation 3(4) of S.R. 2000 No. 4