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

S.I. 2022/298 · made 14 March 2022

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”).

Made under: Social Security Administration Act 1992 (Section 5, Section 14, Section 189, Section 191); Social Security Act 1998 (Section 16, Section 79, Section 84, Schedule 5 paragraph 3)

PDFs: Printed copy https://openlegislation.uk/social-security-medical-evidence-and-statutory-sick-pay-medical-evidence-amendment-regulations-2022/pdf/uksi_20220298_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/social-security-medical-evidence-and-statutory-sick-pay-medical-evidence-amendment-regulations-2022/pdf/uksiem_20220298_en.pdf

## Introductory text

Social Security
Terms And Conditions Of Employment
Made 14th March 2022
Laid before Parliament 16th March 2022
Coming into force 6th April 2022
The Secretary of State, with the concurrence of the Commissioners for Her Majesty’s Revenue and Customs insofar as this is required, 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 1992, and sections 16(1), 79(1) and (4) and 84 and paragraph 3 of Schedule 5 to the Social Security Act 1998.
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.

## 1 Citation, Commencement, Extent and Interpretation

(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 1976;
“the 1985 Regulations” means the Statutory Sick Pay (Medical Evidence) Regulations 1985.

## 2 Amendment of the 1976 Regulations

(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 2A
ALTERNATIVE FORM OF DOCTOR’S STATEMENT
”

## 3 Amendment of the 1985 Regulations

(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 2A
ALTERNATIVE FORM OF DOCTOR’S STATEMENT
”

## Signature

Signed by the authority of the Secretary of State for Work and Pensions.
Chloe Smith
Minister of State
Department for Work and Pensions
14th March 2022
The Commissioners for Her Majesty’s Revenue and Customs hereby concur.
Jim Harra
Penny Ciniewicz
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th March 2022

## 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.

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Source: https://www.legislation.gov.uk/uksi/2022/298 (the official version)
Page: https://openlegislation.uk/social-security-medical-evidence-and-statutory-sick-pay-medical-evidence-amendment-regulations-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

