2007 No. 1626

Social security

The Social Security (Miscellaneous Amendments)(No.2) Regulations 2007

Made

Laid before Parliament

Coming into force

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 171A(3) and 175(1) to (3) and (5) of the Social Security Contributions and Benefits Act 19921, sections 9(1) and 189(1), (3), (4) and (6) of the Social Security Administration Act 19922 and sections 11(1), 24(a) and (b) and 79(1), (3), (4) and (7) of the Social Security Act 19983.

In accordance with section 173(5)(b) of the Social Security Administration Act 1992, this instrument contains only regulations made consequential upon section 62 of the Welfare Reform Act 20074 and is made before the end of the period of 6 months beginning with the coming into force of that section.

Citation and commencement1

These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2007 and shall come into force on 3rd July 2007.

Amendment of the Social Security (Claims and Payments) Regulations 19792

1

The Social Security (Claims and Payments) Regulations 19795 are amended as follows.

2

In regulation 2(1)6 (interpretation), after the definition of “claim for benefit” insert—

  • “health care professional” means—

    1. a

      a registered medical practitioner,

    2. b

      a registered nurse,

    3. c

      an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Care Act 19997, or

    4. d

      a member of such other profession, regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 20028, prescribed by the Secretary of State in accordance with powers under section 39(1) of the Social Security Act 19989.

3

In regulation 26(1)(a)10(obligations of claimants for, and beneficiaries in respect of disablement benefit), for “medical practitioner” substitute “health care professional approved by the Secretary of State”.

Amendment of the Social Security (Incapacity for Work)(General) Regulations 19953

1

The Social Security (Incapacity for Work)(General) Regulations 199511 are amended as follows.

2

In regulation 2(1)12 (interpretation), after the definition of “doctor” insert—

  • “health care professional” means—

    1. a

      a registered medical practitioner,

    2. b

      a registered nurse,

    3. c

      an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Care Act 1999, or

    4. d

      a member of such other profession, regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, prescribed by the Secretary of State in accordance with powers under section 39(1) of the Social Security Act 1998.

3

In regulation 8(1)13 (person may be called for medical examination), for “doctor” substitute “health care professional”.

4

In regulation 27(2)(b)14 (exceptional circumstances), for “doctor” substitute “health care professional”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 19994

1

The Social Security and Child Support (Decisions and Appeals) Regulations 199915 are amended as follows.

2

In regulation 1216 (decision of the Secretary of State relating to industrial injuries benefit)—

a

in paragraph (2) for “medical practitioner” substitute “health care professional approved by the Secretary of State”;

b

in paragraph (3)(b), for the first occurrence of “medical practitioner” substitute “health care professional” and for the second occurrence of “medical practitioner” substitute “ health care professional approved by the Secretary of State”.

3

In regulation 19(1)17 (suspension and termination for failure to submit to medical examination), for “medical practitioner” substitute “health care professional approved by the Secretary of State”.

Signed by authority of the Secretary of State for Work and Pensions.

James PlaskittParliamentary Under-Secretary of State,Department for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1979 (the 1979 Regulations), the Social Security (Incapacity for Work) (General) Regulations 1995 (the 1995 Regulations) and the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (the 1999 Regulations) in consequence upon section 62 of the Welfare Reform Act 2007.

The latter provision amends sections 19 and 20 of the Social Security Act 1998 to allow the Secretary of State and the eligible member of the appeal tribunal to refer a person to a health care professional for medical examination and report, rather than only allowing a referral to a medical practitioner.

Regulation 2 amends the 1979 Regulations. Paragraph (2) inserts the definition of “health care professional” into the interpretation provisions of the 1979 Regulations. Paragraph (3) amends regulation 26 of the 1979 Regulations by substituting the words “health care professional approved by the Secretary of State” for “medical practitioner”.

Regulation 3 amends the 1995 Regulations. Paragraph (2) inserts the definition of “health care professional” into the interpretation provision of the 1995 Regulations. Paragraph (3) amends regulation 8 of the 1995 Regulations by substituting the words “health care professional” for “doctor”.

Regulation 4 amends the 1999 Regulations. Paragraphs (2) and (3) amend regulations 12 and 19 of the 1999 Regulations by substituting the words “health care professional” and “health care professional approved by the Secretary of State” for “medical practitioner”.

A full regulatory impact assessment has not been carried out in respect of these Regulations as they do not impose a cost on business, charities or the voluntary sector.