The Statutory Sick Pay (Medical Evidence) Regulations 1985

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 1982[^f00001], 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:—

Citation, commencement and interpretation

1

• (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—

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

• “healthcare professional” means a person, not being the patient, who is—a registered medical practitioner;a registered nurse;a registered occupational therapist or registered physiotherapist;a registered pharmacist within the meaning ofarticle 3of thePharmacy 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; ...

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical information

2

• (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 healthcare 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.

• (2) An employee shall not be required under section 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.

SCHEDULE 1

PART I — RULES

1

In these rules, unless the context otherwise requires—

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

• “doctor” means a registered medical practitioner not being the patient;

• “2 weeks” means any period of 14 consecutive days.

2

The doctor's statement shall be in the form set out in Part II of this Schedule.

3

Where the patient is on the list of a doctor providing general medical services under the National Health Service Act 1977, or the National Health Service (Scotland) Act 1978, and is being attended by such a doctor, the doctor's statement shall be on a form provided by the Secretary of State for the purpose and shall be signed by that doctor.

4

In any other case, the doctor's statement shall be on a form provided by the Secretary of State for the purpose and shall be signed by the doctor attending the patient.

5

Every doctor's statement shall be completed in ink or other indelible substance and shall contain the following particulars:—

• (a) the patient's name;

• (b) the date of the examination on which the doctor's statement is based;

• (c) the diagnosis of the patient's disorder in respect of which the doctor is advising the patient to refrain from work or, as the case may be, which has caused the patient's absence from work;

• (d) the date on which the doctor's statement is given;

• (e) the address of the doctor,

6

Subject to rules 7 and 8 below, the diagnosis of the disorder in respect of which the doctor is advising the patient to refrain from work or, as the case may be, which has caused the patient's absence from work shall be specified as precisely as the doctor's knowledge of the patient's condition at the time of the examination permits.

7

The diagnosis may be specified less precisely where, in the doctor's opinion, a disclosure of the precise disorder would be prejudicial to the patient's well-being, or to the patient's position with his employer.

8

In the case of an initial examination by a doctor in respect of a disorder stated by the patient to have caused incapacity for work, where—

• (a) there are no clinical signs of that disorder, and

• (b) in the doctor's opinion, the patient need not refrain from work,

9

A doctor's statement must be given on a date not later than one day after the date of the examination on which it is based, and no further doctor's statement based on the same examination shall be furnished other than a doctor's statement by way of replacement of an original which has been lost or mislaid, in which case it shall be clearly marked “duplicate”.

10

Where, in the doctor's opinion, the patient will become fit to resume work on a day not later than 2 weeks after the date of the examination on which the doctor's statement is based, the doctor's statement shall specify that day.

11

Subject to rules 12 and 13 below, the doctor's statement shall specify the minimum period during which, in the doctor's opinion, the patient should, by reason of his disorder, refrain from work.

12

The period specified shall begin on the date of the examination on which the doctor's statement is based and shall not exceed 6 months unless the patient has, on the advice of a doctor, refrained from work for at least 6 months immediately preceding that date.

13

Where—

• (a) the patient has, on the advice of a doctor, refrained from work for at least 6 months immediately preceding the date of the examination on which the doctor's statement is based, and

• (b) in the doctor's opinion, it will be necessary for the patient to refrain from work for the foreseeable future,

14

The Notes set out in Part III of this Schedule shall accompany the form of doctor's statement provided by the Secretary of State.

PART II

FORM OF DOCTOR'S STATEMENT

PART III — NOTES

The following notes shall accompany the form of doctor's statement provided by the Secretary of State:—

Signed

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

Tony Newton — Minister of State — Department of Health and Social Security — 1985-10-22

Explanatory note

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.

Footnotes

[^f00001]: section 17(2A) was inserted by the Social Security Act 1985 (c.53), section 20.

PART 1 — RULES

1

In these rules, unless the context otherwise requires—

• “assessment” means either a consultation between a patient and a healthcare 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 ...professional;

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

• ...

• “other health professional” means a person (other than a healthcare professional and not being the patient) who is..., a registered midwife, ... 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.

2

Where a healthcare 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 healthcare professional’s statement shall be in a form set out at Part 2 or Part 2A of this Schedule....

3

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

4

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

5

A healthcare professional’s statement ...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 healthcare 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 doctor; and

• (h) the name of the healthcare professional (whether in the form of a signature or otherwise); and

• (i) the profession of the healthcare professional.

...

6

Subject to rule 8, the condition in respect of which the healthcare 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 healthcare professional’s knowledge of the patient’s condition at the time of the assessment permits.

7

Where a healthcare 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.

8

The condition may be specified less precisely where, in the healthcare 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.

9

A healthcare 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”.

10

Where, in the healthcare 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.

11

Subject to rules 12 and 13, the healthcare 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.

12

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

13

Where—

• (a) the patient has been advised by a healthcare 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 healthcare 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”.

PART 2 — FORM OF healthcare professional’s STATEMENT

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Editorial notes

[^key-39f8c3371ee3279faed29ecb0367d4aa]: Reg. 1(3) revoked (9.3.1992) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1992 (S.I. 1992/247), regs. 1(1), 6(2)

[^key-4807d42470f95e47bd02d6807abc5486]: Sch. 1 substituted (6.4.2010) by The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 (S.I. 2010/137), regs. 1(2), 3(4)

[^key-b7af37cfa8cb5fc3a6cb1d33de27a4ab]: Sch. 1A omitted (6.4.2010) by virtue of The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 (S.I. 2010/137), regs. 1(2), 3(5)

[^key-cefb1653a66127069bce2247f30c47f9]: Words in reg. 1(2) substituted (6.4.2010) by The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 (S.I. 2010/137), regs. 1(2), 3(2)

[^key-0fc021bd91bc4d0c8420b9a75a38d969]: Reg. 2(1) substituted (6.4.2010) by The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 (S.I. 2010/137), regs. 1(2), 3(3)(a)

[^key-219cb9fe5cde1bbbf775172d57558929]: Words in reg. 2(2) substituted (6.4.2010) by The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 (S.I. 2010/137), regs. 1(2), 3(3)(b)

[^key-6bbbd433cc30097e0803270168761d2f]: Reg. 2(2) modified (17.12.2021) by The Statutory Sick Pay (Medical Evidence) Regulations 2021 (S.I. 2021/1453), regs. 1(2), 2