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The Statutory Sick Pay (Medical Evidence) Regulations 1985

S.I. 1985/1604 · Made 22 October 1985

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TERMS AND CONDITIONS OF EMPLOYMENT

Made 22nd October 1985

Laid before Parliament 29th October 1985

Coming into Operation 6th April 1986

The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 17(2A) of the Social Security and Housing Benefits Act 1982f1, and of all other powers enabling him in that behalf, by this instrument, which contains only provisions consequential upon section 20 of the Social Security Act 1985 and regulations made under the aforesaid section 17(2A), makes the following regulations:—

Annotations to the whole text

Footnotes

f1

section 17(2A) was inserted by the Social Security Act 1985 (c.53), section 20.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Medical information
  3. Signature
  4. Schedule 1
  5. Part 1: RULES
  6. 1Paragraph 1
  7. 2Paragraph 2
  8. 3Paragraph 3
  9. 4Paragraph 4
  10. 5Paragraph 5
  11. 5AParagraph 5A
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. 8Paragraph 8
  15. 9Paragraph 9
  16. 10Paragraph 10
  17. 11Paragraph 11
  18. 12Paragraph 12
  19. 13Paragraph 13
  20. 2FORM OF healthcare professional’s STATEMENT
  21. 2AALTERNATIVE FORM OF healthcare professional’s STATEMENT
  22. Schedule ...
  23. Part
  24. Paragraph Repealed
  25. Paragraph Repealed
  26. Paragraph Repealed
  27. Paragraph Repealed
  28. Paragraph Repealed
  29. Paragraph Repealed
  30. Paragraph Repealed
  31. Part
  32. Explanatory note

1Citation, commencement and interpretation

(1)

These regulations may be cited as the Statutory Sick Pay (Medical Evidence) Regulations 1985 and shall come into operation on 6th April 1986.

(2)

In these regulations, unless the context otherwise requires—

  • F1“the 1992 Act” means the Social Security Administration Act 1992;

  • F2“healthcare professional” means a person, not being the patient, who is—

    1. (a)

      a registered medical practitioner;

    2. (b)

      a registered nurse;

    3. (c)

      a registered occupational therapist or registered physiotherapist;

    4. (d)

      a registered pharmacist within the meaning of article 3 of the Pharmacy Order 2010;

  • “signature” means, in relation to a statement given in accordance with these regulations, the name by which the person giving that statement is usually known (any name other than the surname being either in full or otherwise indicated) written by that person in his own handwriting; F3...

F4(3)

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2Medical information

F1(1)

Medical information required under section 14(1) of the 1992 Act relating to incapacity for work shall be provided either—

(a)

in the form of a statement given by a F2healthcare professional in accordance with the rules set out in Part 1 of Schedule 1 to these Regulations; or

(b)

by such other means as may be sufficient in the circumstances of any particular case.

C1(2)

An employee shall not be required under F3section 14(1) of the 1992 Act to provide medical information in respect of the first 7 days in any spell of incapacity for work; and for this purpose “spell of incapacity” means a continuous period of incapacity for work which is immediately preceded by a day on which the claimant either worked or was not incapable of work.

Signature

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

Tony Newton

Minister of State

Department of Health and Social Security

1F1

In these rules, unless the context otherwise requires—

  • “assessment” means either a consultation between a patient and a F2healthcare professional which takes place in person or by telephone or a consideration by a healthcare professional of a written report by another healthcare professional or other health F3...professional;

  • “condition” means a specific disease or bodily or mental disability;

  • F4...

  • “F5other health professional” means a person (other than a F6healthcare professional and not being the patient) who isF7..., a registered midwife, F8... or a member of any profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;

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

2F1

Where a F2healthcare professional issues a statement to a patient in accordance with an obligation arising under a contract, agreement or arrangement under Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 or Part 1 of the National Health Service (Scotland) Act 1978 the F3healthcare professional’s statement shall be in a form set out at Part 2 F4or Part 2A of this ScheduleF5....

3F1

Where a F2healthcare professional issues a statement in any case other than in accordance with rule 2, the F3healthcare professional’s statement shall be in the form set out in Part 2 F4or Part 2A of this Schedule or in a form to like effectF5....

4F1

A F2healthcare professional’s statement must be based on an assessment made by that F3healthcare professional.

5F1

A F2healthcare professional’s statement F3...shall contain the following particulars—

(a)

the patient’s name;

(b)

the date of the assessment (whether by consultation or consideration of a report as the case may be) on which the healthcare professional’s statement is based;

(c)

the condition in respect of which the F4healthcare professional advises the patient they are not fit for work;

(d)

a statement, where the healthcare professional considers it appropriate, that the patient may be fit for work;

(e)

a statement that the healthcare professional will or, as the case may be will not, need to assess the patient’s fitness for work again;

(f)

the date on which the healthcare professional’s statement is given;

(g)

the address of the doctorF5; F6and

(F7h)

the name of the healthcare professional (whether in the form of a signature or F8otherwise); and

(F9i)

the profession of the healthcare professional.

F10...

5AF1F2

Where the healthcare professional’s statement is in the form set out in Part 2 of this Schedule—

(a)

the healthcare professional’s name shall, irrespective of their profession, be recorded next to the words “doctor’s signature”;

(b)

the healthcare professional’s address shall, irrespective of their profession, be recorded next to the words “doctor’s address”; and

(c)

the healthcare professional shall record their profession within the statement in such place as appears to them to be appropriate.

6F1

Subject to rule 8, the condition in respect of which the F2healthcare professional is advising the patient is not fit for work or, as the case may be, which has caused the patient’s absence from work shall be specified as precisely as the F3healthcare professional’s knowledge of the patient’s condition at the time of the assessment permits.

7F1

Where a F2healthcare professional considers that a patient may be fit for work the healthcare professional shall state the reasons for that advice and where this is considered appropriate, the arrangements which the patient might make, with their employer’s agreement, to return to work.

8F1

The condition may be specified less precisely where, in the F2healthcare professional’s opinion, disclosure of the precise condition would be prejudicial to the patient’s well-being, or to the patient’s position with their employer.

9F1

A F2healthcare professional’s statement may be given on a date after the date of the assessment on which it is based, however no further statement shall be furnished in respect of that assessment other than a healthcare professional’s statement by way of replacement of an original which has been lost, in which case it shall be clearly marked “duplicate”.

10F1

Where, in the F2healthcare professional’s opinion, the patient will become fit for work on a day not later than 14 days after the date of the assessment on which the doctor’s statement is based, the healthcare professional’s statement shall specify that day.

11F1

Subject to rules 12 and 13, the F2healthcare professional’s statement shall specify the minimum period for which, in the healthcare professional’s opinion, the patient will not be fit for work or, as the case may be, for which they may be fit for work.

12F1

The period specified shall begin on the date of the assessment on which the F2healthcare professional’s statement is based and shall not exceed 3 months unless the patient has, on the advice of a F3healthcare professional, refrained from work for at least 6 months immediately preceding that date.

13F1

Where—

(a)

the patient has been advised by a F2healthcare professional that they are not fit for work and, in consequence, has refrained from work for at least 6 months immediately preceding the date of the assessment on which the F3healthcare professional’s statement is based; and

(b)

in the healthcare professional’s opinion, the patient will not be fit for work for the foreseeable future,

instead of specifying a period, the healthcare professional may, having regard to the circumstances of the particular case, enter, after the words “case for”, the words “an indefinite period”.

2FORM OF healthcare professional’s STATEMENTF1F2

2AALTERNATIVE FORM OF healthcare professional’s STATEMENTF1F2

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Explanatory note

These Regulations contain provisions relating to the medical information which an employee may be required to produce for the purposes of statutory sick pay. They are all either made under section 17(2A) of the Social Security and Housing Benefits Act 1982, as inserted by section 20 of the Social Security Act 1985 (“the 1985 Act”) or are otherwise consequential upon section 20. As they are also made before the expiry of the period of 6 months beginning with the commencement of section 20 (6th April 1986), they are exempted by section 27(8)(m) of the 1985 Act from the requirement under section 10(1) of the Social Security Act 1980 (c.30) to refer proposals to the Social Security Advisory Committee and are made without reference to that Committee.

The Regulations and Rules in Schedule 1 prescribe the form of the statement to be issued by a registered medical practitioner advising an employee that he need not refrain from work or, as the case may be, that he should refrain from work for a period up to 6 months, or longer in certain circumstances.

Regulation 2(2) provides that medical information cannot be required in respect of an employee's first 7 days in any spell of incapacity for work.