2022 No. 298

Social Security
Terms And Conditions Of Employment

The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2022

Made

Laid before Parliament

Coming into force

The Secretary of State, with the concurrence of the Commissioners for Her Majesty’s Revenue and Customs insofar as this is required1, makes the following Regulations in exercise of the powers conferred by sections 5(1)(i), (1A) and (5), 14(2), 189(1) and (4) and 191 of the Social Security Administration Act 19922, and sections 16(1), 79(1) and (4) and 84 and paragraph 3 of Schedule 5 to the Social Security Act 19983.

In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

Citation, Commencement, Extent and Interpretation1

1

These Regulations may be cited as the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2022.

2

These Regulations come into force on 6th April 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 19764;

  • “the 1985 Regulations” means the Statutory Sick Pay (Medical Evidence) Regulations 19855.

Amendment of the 1976 Regulations2

1

The 1976 Regulations are amended as follows.

2

In Schedule 1, Part 1, rule 2—

a

after “Part 2” insert “or Part 2A”; and

b

omit “and shall be signed by that doctor”.

3

In Schedule 1, Part 1, rule 3—

a

after “Part 2” insert “or Part 2A”; and

b

omit “and shall be signed by the doctor attending the patient”.

4

In Schedule 1, Part 1, rule 5—

a

omit “shall be completed in ink or other indelible substance and”;

b

in sub-paragraph (g), for the comma substitute a semi-colon and, following the semi-colon, insert “and”;

c

insert, at the appropriate place, “(h) the name of the doctor (whether in the form of a signature or otherwise).”; and

d

omit “and shall bear, opposite the words “Doctor’s signature”, the signature in ink of the doctor making the statement.”.

5

In Schedule 1, after Part 2, insert the following—

PART 2AALTERNATIVE FORM OF DOCTOR’S STATEMENT

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Amendment of the 1985 Regulations3

1

The 1985 Regulations are amended as follows.

2

In regulation 1(2), in the definition of “signature”, omit “; and “signed” shall be construed accordingly”.

3

In Schedule 1, Part 1, rule 2—

a

after “Part 2” insert “or Part 2A”; and

b

omit “and shall be signed by that doctor”.

4

In Schedule 1, Part 1, rule 3—

a

after “Part 2” insert “or Part 2A”; and

b

omit “and shall be signed by the doctor attending the patient”.

5

In Schedule 1, Part 1, rule 5—

a

omit “shall be completed in ink or other indelible substance and”;

b

in sub-paragraph (g), for the comma substitute a semi-colon and, following the semi-colon, insert “and”;

c

insert, at the appropriate place “(h) the name of the doctor (whether in the form of a signature or otherwise).”; and

d

omit “and shall bear, opposite the words “Doctor’s signature”, the signature in ink of the doctor making the statement.”.

6

In Schedule 1, after Part 2 insert the following—

PART 2AALTERNATIVE FORM OF DOCTOR’S STATEMENT

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

Chloe SmithMinister of StateDepartment for Work and Pensions

The Commissioners for Her Majesty’s Revenue and Customs hereby concur.

Jim HarraPenny CiniewiczTwo of the Commissioners for Her Majesty’s Revenue and Customs
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(2), (3) and (4) amends the 1976 Regulations by removing the requirement for a doctor’s statement to be completed in ink or indelible substance and for it to be signed by the doctor providing the statement. In place of the requirement for a doctor’s statement to be signed by the doctor, regulation 2(4)(c) requires that the name of the doctor, whether in the form of a signature or otherwise, be contained within the statement. Regulation 2(2) and (3) also amend the 1976 Regulations to permit the statement to be in the form provided for in Part 2 or Part 2A. Regulation 2(5) inserts a new Part 2A which contains an additional version of the doctor’s statement.

Regulation 3(2) removes part of the definition of “signature”, which is rendered superfluous by these Regulations. Regulation 3(3), (4) and (5) amends the 1985 Regulations by removing the requirement for a doctor’s statement to be completed in ink or indelible substance and for it to be signed by the doctor providing the statement. In place of the requirement for a doctor’s statement to be signed by the doctor, regulation 3(5)(c) requires that the name of the doctor, whether in the form of a signature or otherwise, be contained within the statement. Regulation 3(3) and (4) also amend the 1985 Regulations to permit the statement to be in the form provided for in Part 2 or Part 2A. Regulation 3(6) inserts a new Part 2A which contains an additional version of the doctor’s statement.

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.