The Social Security (Medical Evidence) Amendment Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Medical Evidence) Regulations 1976 (“the principal Regulations”), which set out the medical evidence required for determining capacity for work in relation to benefits other than statutory sick pay and industrial injuries benefit.

These Regulations are consequential on the Social Security (Incapacity for Work) Act 1994 (“the 1994 Act”), which comes into force on 13th April 1995. That Act provides generally for the determination of capacity for work for the purposes of the Social Security Contributions and Benefits Act 1992 and in particular provides for two tests of incapacity (the own occupation test and the all work test). These Regulations make consequential amendments to the principal Regulations in preparation for the coming into force of the 1994 Act, including:

(a) provision that a claimant’s obligation to provide a doctor’s statement or other evidence specified in the principal Regulations applies only in respect of days up to assessment for the purposes of the all work test (regulation 2(3)(a)(i)); and

(b) provision for a new form of doctor’s statement in cases where the all work test applies (regulation 2(3)(a)(ii) and the Schedule).

As these Regulations are consequential upon the 1994 Act and are made before the expiry of 6 months from the date of coming into force of that Act, they are accordingly exempt by section 173(5)(b) of the Social Security Administration Act 1992 from reference to the Social Security Advisory Committee and have not been so referred.

These Regulations do not impose any costs on business.