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The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2007

S.R. 2007/332 · Made 16 July 2007

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Social security

Made 16th July 2007

Coming into operation 6th August 2007

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 167A(3) and 171(1) to (3) and (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, sections 7(1) and 165(1), (3), (4) and (6) of the Social Security Administration (Northern Ireland) Act 1992f2 and Articles 12(1), 24(a) and (b) and 74(1), (3) and (6) of the Social Security (Northern Ireland) Order 1998 f3 and now vested in it f4.

This Rule contains only regulations made consequential upon section 55 of the Welfare Reform Act (Northern Ireland) 2007f5.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 167A was inserted by Article 7 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I 1994/1898 (N.I. 12)) and amended by paragraph 22 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)); section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21), section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 171(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

f2

1992 c. 8; section 165(1) was amended by pargraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and section 165(3) was amended by paragraph 10 of Schedule 4 to the Tax Credits Act 2002

f3

S.I. 1998/1506 (N.I. 10); Article 12 was amended by paragraph 7 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002

f4

See Article 8(b) of S.R. 1999 No. 481

f5

2007 c. 2 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (Claims and Payments) Regulations
  3. 3Amendment of the Social Security (Incapacity for Work) (General) Regulations
  4. 4Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2007 and shall come into operation on 6th August 2007.

2Amendment of the Social Security (Claims and Payments) Regulations

(1)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1977f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1) (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 Act 1999f2; 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 2002f3 prescribed by the Department in accordance with powers under Article 2(2) of the Social Security (Northern Ireland) Order 1998f4;”.

(3)

In regulation 26(1)(a)f5 (obligations of claimants for, and beneficiaries in receipt of disablement benefit) for “medical practitioner” substitute “health care professional approved by the Department”.

3Amendment of the Social Security (Incapacity for Work) (General) Regulations

(1)

The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) (interpretation) after the definition of “doctor”f2 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 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 Department in accordance with powers under Article 2(2) of the Social Security (Northern Ireland) Order 1998;”.

(3)

In regulation 8(1)f3 (person may be called for a medical examination) for “doctor” substitute “health care professional”.

(4)

In regulation 27(d)f4 (exceptional circumstances) for “doctor” substitute “health care professional”.

4Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

(1)

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 12 (decisions of the Department relating to industrial injuries benefit)—

(a)

in paragraph (2) for “medical practitioner” substitute “health care professional approved by the Department”; and

(b)

in paragraph (3)(b)—

(i)

for “medical practitioner”, in the first place it occurs, substitute “health care professional”, and

(ii)

for “medical practitioner”, in the second place it occurs substitute “health care professional approved by the Department”.

(3)

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

Signature

Sealed with the Official Seal of the Department for Social Development on 16th July 2007

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations are consequential upon section 55 of the Welfare Reform Act (Northern Ireland) 2007 (“the Act”) which amends Articles 19 and 20 of the Social Security (Northern Ireland) Order 1998 to allow the Department for Social Development and the eligible member of an 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.

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1977, the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 and the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are amended, as appropriate, to substitute “health care professional” or “health care professional approved by the Department” for “medical practitioner” or “doctor”.

As these Regulations are consequential upon section 55 of the Act and are made before the end of the period of 6 months of the coming into operation of that provision they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.