The Statutory Sick Pay (Medical Evidence) Regulations 1985

• Citation: S.I. 1985/1604
• Sections: 23

Section 1 Citation, 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—

“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 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; ...

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Section 2 Medical information

(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.

Section 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.

Section 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 ....

Section 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 ....

Section 4

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

Section 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.

...

Section 5A

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.

Section 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.

Section 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.

Section 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.

Section 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”.

Section 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.

Section 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.

Section 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.

Section 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”.

Section 17

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Section 18

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Section 19

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Section 20

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Section 21

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Section 22

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Section 23

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