The Social Security (Miscellaneous Provisions) Amendment Regulations 1992

Regulation 3(4)

SCHEDULE 1 SCHEDULE TO BE INSERTED AS SCHEDULE 1A TO THE SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976

Regulation 2(1)

“SCHEDULE 1A

PART I rules

1.   In these rules, unless the context otherwise requires—

“claimant” means the person in respect of whom a statement is given in accordance with these rules;

“doctor” means a registered medical practitioner not being the claimant;

“special statement” means the form prescribed in Part II of this Schedule.

2.   Where a doctor advises a claimant to refrain from work on the basis of a written report which he has received from another doctor or where a doctor has not issued a statement since the claimant was examined and he wishes to issue a statement more than a day after the examination he shall use the special statement.

3.   The special statement shall be completed in the manner described in paragraph 5 of Part I to Schedule 1.

4.   Subject to rules 5 and 6 below, the diagnosis of the claimant’s disorder in respect of which the doctor is advising the claimant to refrain from work or as the case may be, which has caused the claimant’s absence from work shall be specified as precisely as the doctor’s knowledge of the claimant’s condition permits.

5.   Where, in the doctor’s opinion, a disclosure to the claimant of the precise disorder would be prejudicial to his well being, the diagnosis may be specified less precisely.

6.   In a case of a disorder stated by the claimant to have caused incapacity for work, where—

(a) no clinical signs have been found of that disorder, and

(b) in the doctor’s opinion, the claimant need not refrain from work, “unspecified” may be entered.

7.   Part B of the special statement must only be given on a date not later than one month after the date of the written report on which the special statement is based and that part shall only be used where the claimant is being advised to refrain from work for a specified period of not more than one month.

PART II form of special statement

”.

Regulation 6(4)

SCHEDULE 2 SCHEDULE TO BE ADDED AS SCHEDULE 1A TO THE STATUTORY SICK PAY (MEDICAL EVIDENCE) REGULATIONS 1985

Regulation 2(1)

“SCHEDULE 1A

PART I rules

1.   In these rules, unless the context otherwise requires—

“patient” means the person in respect of whom a statement is given in accordance with these rules;

“doctor” means a registered medical practitioner not being the patient;

“special statement” means the form prescribed in Part II of this Schedule.

2.   Where a doctor advises a patient to refrain from work on the basis of a written report which he has received from another doctor or where a doctor has not issued a statement since the claimant was examined and he wishes to issue a statement more than a day after the examination he shall use the special statement.

3.   The special statement shall be completed in the manner described in paragraph 5 of Part I to Schedule 1.

4.   Subject to rules 5 and 6 below, the diagnosis of the patient’s disorder in respect of which the doctor is advising the patient to refrain from work or as the case may be, which has caused the patient’s absence from work shall be specified as precisely as the doctor’s knowledge of the patient’s condition permits.

5.   The diagnosis may be specified less precisely where in the doctor’s opinion, a disclosure of the precise disorder would be prejudicial to the patient’s well being, or to the patient’s position with his employer.

6.   In a case of a disorder stated by the patient to have caused incapacity for work, where—

(a) no clinical signs have been found of that disorder, and

(b) in the doctor’s opinion, the patient need not refrain from work, “unspecified” may be entered.

7.   Part B of the special statement must only be given on a date not later than one month after the date of the written report on which the special statement is based and that part shall only be used where the patient is being advised to refrain from work for a specified period of not more than one month.

PART II form of special statement

”.

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

12th February 1992