Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations (Northern Ireland) 2022 and come into operation on 1st July 2022.

(2) The Interpretation Act (Northern Ireland) 1954( 6) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security (Medical Evidence) Regulations

2.—(1) The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976( 7) are amended in accordance with paragraphs (2) to (19).

(2) In regulation 1(2)( 8), after the definition of “doctor”, insert—

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

“ occupational therapist ” means a person who is registered in the part of the register maintained under Article 5 of the Health Professions Order 2001( 9) relating to occupational therapists;

“ pharmacist ” means a person who is registered in the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976( 10) ;

“ physiotherapist ” means a person who is registered in the part of the register maintained under Article 5 of the Health Professions Order 2001 relating to physiotherapists; ”.

(3) In regulation 2(1)( 11), for “doctor” substitute “healthcare professional”.

(4) In regulation 5(1)( 12), for “doctor” substitute “healthcare professional”.

(5) In Schedule 1( 13), Part I, rule 1—

(a) in the definition of “assessment”—

(i) for “doctor”, in each place where it occurs, substitute “healthcare professional”;

(ii) after “other health” omit “care”;

(b) omit the definition of “doctor”;

(c) in the definition of “other health care professional”—

(i) for ““other health care professional”” substitute ““other health professional””;

(ii) for “registered medical practitioner” substitute “healthcare professional”;

(iii) omit “a registered nurse,”;

(iv) omit “an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999,”.

(6) In Schedule 1, Part I, rule 2—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”;

(7) In Schedule 1, Part I, rule 3—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”;

(8) In Schedule 1, Part I, rule 4—

(a) for “doctor’s” substitute “healthcare professional’s”;

(b) for “doctor” substitute “healthcare professional”;

(9) In Schedule 1, Part I, rule 5—

(a) for “doctor’s”, in each place where it occurs, substitute “healthcare professional’s”;

(b) for “doctor”, in each place where it occurs, substitute “healthcare professional”;

(c) in sub-paragraph (h), for “otherwise).” substitute “otherwise); and”

(d) after sub-paragraph (h), insert “(i) the profession of the healthcare professional.”.

(10) In Schedule 1, Part I, after rule 5 insert—

“5A.   Where the healthcare professional’s statement is in the form set out in Part 11 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. ”.

(11) In Schedule 1, Part I, rule 6—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”.

(12) In Schedule 1, Part I, rule 7, for “doctor”, in both places where it occurs, substitute “healthcare professional”.

(13) In Schedule 1, Part I, rule 8, for “doctor’s” substitute “healthcare professional’s”.

(14) In Schedule 1, Part I, rule 9, in both places where it occurs, for “doctor’s” substitute “healthcare professional’s”.

(15) In Schedule 1, Part I, rule 10, in each place where it occurs, for “doctor’s” substitute “healthcare professional’s”.

(16) In Schedule 1, Part I, rule 11, in both places where it occurs, for “doctor’s” substitute “healthcare professional’s”.

(17) In Schedule 1, Part I, rule 12—

(a) for “doctor’s” substitute “healthcare professional’s”;

(b) ”for “doctor” substitute “healthcare professional”.

(18) In Schedule 1, Part I, rule 13—

(a) for “doctor”, in both places where it occurs, substitute “healthcare professional”;

(b) for “doctor’s”, in both places where it occurs, substitute “healthcare professional’s”.

(19) In the following places, for the reference to “doctor’s” substitute “healthcare professional’s”—

(a) the heading of Schedule 1, Part II;

(b) the heading of Schedule 1, Part IIA.

Amendment of the Statutory Sick Pay (Medical Evidence) Regulations

3.—(1) The Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985( 14) are amended in accordance with paragraphs (2) to (18).

(2) In regulation 1(2)( 15), after the definition of “the Administration Act” insert—

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

“ occupational therapist ” means a person who is registered in the part of the register maintained under Article 5 of the Health Professions Order 2001 relating to occupational therapists;

“ pharmacist ” means a person who is registered in the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976;

“ physiotherapist ” means a person who is registered in the part of the register maintained under Article 5 of the Health Professions Order 2001 relating to physiotherapists; ”.

(3) In regulation 2(1)(a)( 16), for “doctor” substitute “healthcare professional”;

(4) Schedule 1( 17), Part I, rule 1—

(a) in the definition of “assessment”—

(i) for “doctor”, in each place where it occurs, substitute “healthcare professional”;

(ii) after “other health” omit “care”;

(b) omit the definition of “doctor”;

(c) in the definition of “other health care professional”—

(i) for ““other health care professional”” substitute ““other health professional””;

(ii) for “registered medical practitioner” substitute “healthcare professional”;

(iii) omit “a registered nurse,”;

(iv) omit “an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999,”.

(5) In Schedule 1, Part I, rule 2—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”.

(6) In Schedule 1, Part I, rule 3—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”.

(7) In Schedule 1, Part I, rule 4—

(a) for “doctor’s” substitute “healthcare professional’s”;

(b) for “doctor” substitute “healthcare professional”.

(8) In Schedule 1, Part I, rule 5—

(a) for “doctor’s”, in each place where it occurs, substitute “healthcare professional’s”;

(b) for “doctor”, in each place where it occurs, substitute “healthcare professional”;

(c) in sub-paragraph (h), for “otherwise).” substitute “otherwise); and”;

(d) after sub-paragraph (h), insert “(i) the profession of the healthcare professional.”.

(9) In Schedule 1, Part I, after rule 5 insert—

“5A.   Where the healthcare professional’s statement is in the form set out in Part 11 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. ”.

(10) In Schedule 1, Part I, rule 6—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”.

(11) In Schedule 1, Part I, rule 7, for “doctor”, in both places where it occurs, substitute “healthcare professional”.

(12) In Schedule 1, Part I, rule 8, for “doctor’s” substitute “healthcare professional’s”.

(13) In Schedule 1, Part I, rule 9, for “doctor’s”, in both places where it occurs, substitute “healthcare professional’s”.

(14) In Schedule 1, Part I, rule 10, for “doctor’s”, in each place where it occurs, substitute “healthcare professional’s”.

(15) In Schedule 1, Part I, rule 11, for “doctor’s”, in both places where it occurs, substitute “healthcare professional’s”.

(16) In Schedule 1, Part I, rule 12—

(a) for “doctor’s” substitute “healthcare professional’s”;

(b) for “doctor” substitute “healthcare professional”.

(17) In Schedule 1, Part I, rule 13—

(a) for “doctor”, in both places where it occurs, substitute “healthcare professional”;

(b) for “doctor’s”, in both places where it occurs, substitute “healthcare professional’s”.

(18) In the following places, for the reference to “doctor’s” substitute “healthcare professional’s”—

(a) the heading of Schedule 1, Part II;

(b) the heading of Schedule 1, Part IIA.

Consequential Amendments

4.—(1) In regulation 55ZA(2)(a) of the Jobseeker’s Allowance Regulations (Northern Ireland 1996( 18), after “the form of” omit “a doctor’s”.

(2) In regulation 21(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2008( 19), after “the form of” omit “doctor’s”.

(3) In the Universal Credit Regulations (Northern Ireland) 2016( 20)—

(a) in regulation 8(1)(b), omit “by a registered medical practitioner”; and

(b) in regulation 97(7)(b)(ii)( 21), omit “by a doctor”.

(4) In the Jobseeker’s Allowance Regulations (Northern Ireland) 2016( 22)—

(a) in regulation 16(5)(b)(ii), omit “by a doctor”; and

(b) in regulation 46(2)(a), after “the form of” omit “a doctor’s”.

(5) In regulation 17(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2016( 23), after “the form of” omit “doctor’s”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 (“ the 1976 Regulations”) and the Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985 (“ the 1985 Regulations”).

Regulation 2 amends the 1976 Regulations, and regulation 3 amends the 1985 Regulations, to expand the people who can sign statements (which are known as “fit notes”) to include registered nurses, occupational therapists, pharmacists and physiotherapists. Fit notes are the prescribed form of evidence for social security and statutory sick pay purposes. Regulations 2 and 3 replace references to “doctor” with references to “healthcare professional”. They also insert a definition of “healthcare professional” which includes doctors and the four new professions.

Regulation 4 makes consequential amendments to other sets of Regulations which refer to medical evidence under the 1976 Regulations as having been signed by doctors or registered medical practitioners.

These Regulations make, in relation to Northern Ireland, only provision corresponding to provision in regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.