a3_5751.pmd

SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
SI 1976/615
Reg. 1
1976 No. 615
SOCIAL SECURITY
The Social Security (Medical Evidence) Regulations
1976
Made
-
-
-
-
21st April 1976
Laid before Parliament
30th April 1976
Coming into Operation
4th October 1976
The Secretary of State for Social Services, in exercise of powers conferred upon him by
section 115(1) of, and Schedule 13 to, the Social Security Act 1975(a) and of all other
powers enabling him in that behalf, after reference to the National Insurance Advisory
Committee, hereby makes the following regulations:
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Social Security (Medical Evidence)
Regulations 1976, and shall come into operation on 4th October 1976.
(2) In these regulations, unless the context otherwise requires–
“the Act” means the Social Security Act 1975;
̈1“the Contributions and Benefits Act” means the Social Security Contributions
1Defn. inserted in reg.
and Benefits Act 1992(b);̇
1(2) by reg. 2(2) of S.I.
1 9 9 4 / 2 9 7 5   a s   f r o m
̈2“the Employment and Support Allowance Regulations” means the Employment
1 3 . 4 . 9 5 .
and Support Allowance Regulations 2008;
2Defns. of “the
“limited capability for work” has the meaning given in section 1(4) of the Welfare
E m p l o y m e n t   a n d
Reform Act 2007;
Support  Allowance
Regulations”, “limited
“limited capability for work assessment” means the assessment of whether a person
capability for work” &
has limited capability for work as set out in regulation 19(2) of, and in Schedule 2
“limited capability for
to, the Employment and Support Allowance Regulations;̇
work assessment”
̈3
inserted by reg. 68(2)
“personal capability assessment” means the assessment provided for in section
of S.I. 2008/1554 as
171C of the Contributions and Benefits Act(c);̇
f r o m   2 7 . 1 0 . 0 8 .
̈4“registered midwife” means a midwife who is registered as a midwife with the
3 Defn. “personal
United Kingdom Central Council for Nursing, Midwifery and Health Visiting under
capability assessment”
the Nurses, Midwives and Health Visitors Act 1979(d);̇
inserted by reg. 5(a) of
S.I. 1999/3109 as from
“doctor” means a registered medical practitioner;
3 . 4 . 0 0 .
“signature” means, in relation to any statement or certificate given in accordance
4Defn. substituted in
with these regulations, the name by which the person giving that statement or
reg. 1(2) by reg. 2 of
certificate, as the case may be, is usually known (any name other than the surname
S.I. 1987/409 as from
6 . 4 . 8 7 .
being either in full or otherwise indicated) written by that person in his own
handwriting; and “signed” shall be construed accordingly.
(3) Any reference in these regulations to any provisions made by or contained in
any enactment or instrument shall, except in so far as the context otherwise requires,
be construed as a reference to that provision as amended or extended by any enactment
or instrument and as including a reference to any provision which it re-enacts or
replaces, or which may re-enact or replace it, with or without modification.
( a ) 1975 c. 14.
( b ) 1992 c. 4.
( c ) 1992 c. 4. Section 171C was inserted by section 5 of the Social Security (Incapacity for
Work) Act 1994 (c. 18) and amended by section 61 of the Welfare Reform and Pensions Act
1999 (c. 30).
( d ) 1979 c. 36.
Supplement No. 85 [Dec 2008]
The Law Relating to Social Security
3.5751

SI 1976/615
SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
Regs. 2-4
(4) The rules for the construction of Acts of Parliament contained in the
Interpretation Act  1889(a) shall apply in relation to this instrument and in relation to
the revocation effected by it as if this instrument, the regulations revoked by it and
regulations revoked by the regulations so revoked were Acts of Parliament, and as if
each revocation were a repeal.
1Words inserted in
Evidence of incapacity for work ̈1, limited capability for work̇ and confinement
heading to reg. 2 &
paras. (1), (1)(a) & (2)
2.—(1) ̈2Subject to regulation 5̇ ̈3where a person claims he is entitled to any
by reg. 68(3)(a)-(c) of
benefit, allowance or advantage (other than industrial injuries benefit or statutory
S.I. 2008/1554 as from
sick pay), and his entitlement to that benefit, allowance or advantage depends on his
2 7 . 1 0 . 0 8 .
being incapable of work
2
̈1,or having limited capability for work̇, then in respect of
Words inserted into r eg.
each day until he has been assessed for the purposes of the ̈4personal capability
2(1) by reg. 2(1) of S.I.
assessment
1982/699 as from
̇ ̈1 or the limited capability for work assessmenṫ, he shall provide evidence
1 4 . 6 . 8 2 .
of such incapacity ̈1or limited capability for work̇̇
3Words substituted in
̈5(a) by means of a certificate in the form of a statement in writing given by a
reg. 2(1) by reg.
doctor in accordance with the rules set out in Part I of Schedule 1 to these
2(3)(a)(i) of S.I. 1994/
Regulations on the form set out in Part II of that Schedule; or
2975 as from 13.4.95.
4
(b) where a doctor–
Words substituted in
(i) has not given a statement under sub-paragraph (a) of this paragraph since
reg. 2(1) and 2(1)(c) by
reg. 6(a) of S.I. 2000/
the patient was examined and wishes to give such a statement but more
590 as from 3.4.00.
than one day has passed since the examination; or
5Sub-paras. (a)-(c)
(ii) advises that the patient should refrain from work on the basis of a written
substituted for words in
report from another doctor,
reg. 2(1) by reg. 3(2) of
S.I. 1992/247 as from
by means of a special statement given in accordance with the rules set out in
9 . 3 . 9 2 .
Part I of Schedule 1A to these Regulations on the form set out in Part II of
that Schedule; or
6Sub-paras. (c) and (d)
̈6(c) ̈4where the question of whether a person is capable or incapable of work
substituted in reg. 2(1)
̈1or whether a person has or does not have limited capability for work̇ falls
for sub-para. (c) &
to be determined in accordance with the personal capability assessement ̈1
words inserted in reg.
or the limited capability for work assessmenṫ̇ and the Secretary of State so
2(2) by reg. 2(3) of S.I.
requests, a statement in writing given by a doctor in accordance with the
1 9 9 4 / 2 9 7 5   a s   f r o m
1 3 . 4 . 9 5 .
rules set out in Part I of Schedule 1B to these Regulations on the form set out
in Part II of that Schedule; or
(d) where it would be unreasonable to require a person to provide a statement
7Words substituted and
̈7in accordance with sub-paragraphs (a) to (c)̇, such other evidence as may
words inserted in reg.
be sufficient to show that he should refrain ̈7(or should have refrained)̇
2(1)(d) by reg. 4(2) of
from work by reason of some specific disease or bodily or mental
S.I. 1995/987 as from
disablement.̇̇
1 3 . 4 . 9 5 .
(2) Every person to whom paragraph (1) applies ̈6who has not been assessed for
8Words substituted in
the purposes of the ̈8personal capability assessmenṫ ̈1 or the limited capability for
reg. 2(2) by reg. 5(b) of
work assessmenṫ shall, before he returns to work, furnish evidence of the date on
S.I. 1999/3109 as from
which he will become fit to resume work either in accordance with rule 10 of Part I of
3 . 4 . 0 0 .
Schedule 1 to these regulations, or by such other means as may be sufficient in the
circumstances of the case.
(3) Every woman who claims maternity benefit shall furnish evidence–
(a) where the claim is made in respect of expectation of confinement, that she is
pregnant and as to the stage which she has reached in her pregnancy; or
(b) where the claim is made by virtue of the fact of confinement, that she has
been confined.
9Words substituted in
and shall furnish such evidence ̈9by means of a maternity certificatė given by a
reg. 2(3) by reg. 3 of
doctor or by a ̈9registered midwifė ̈10not earlier than the beginning of the 20th
S.I. 1987/409 as from
week before the week in which she is expected to be confined,̇ in accordance with
6 . 4 . 8 7 .
10
the rules set out in Part I of Schedule 2 to these regulations in the appropriate form as
Words inserted in reg .
set out in Part II of that Schedule or by such other means as may be sufficient in the
2(3) by reg. 2(2) of S.I.
2 0 0 1 / 2 9 3 1   a s   f r o m
circumstances of any particular case.
2 8 . 9 . 0 1 .
[Regulation 3 (amendment of the Social Security (Claims and Payments) Regulations
1975) revoked by regulation 32 of and Schedule 5 to S.I. 1979/628 as from 9.7.79.]
[Regulation 4 (transitional provisions and revocation) revoked by regulation 2(3) of S.I.
1982/699 as from 14.6.82.]
( a ) 1889 c. 63, to be construed in accordance with the Interpretation Act 1978 (c. 30) s. 25(2).
3.5752
Supplement No. 85 [Dec 2008]
The Law Relating to Social Security

SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
SI 1976/615
Reg. 5
̈1 Self-certificate for first 7 days of a spell of incapacity for work ̈2 or limited
1Reg. 5 inserted by reg.
capability for work̇
2(2) of S.I. 1982/699 as
f r o m   1 4 . 6 . 8 2 .
5.—̈3(1) ̈4The evidence of incapacity ̈2 or limited capability for work̇ required
2Words inserted in
for the purposes of determining entitlement to a benefit, allowance or advantage
heading to reg. 5 and
referred to in regulation 2(1)̇–
para. (1), words omitted
in sub-para. (a) & sub-
(a) for a spell of incapacity which lasts less than 8 days, ̈2̇
paras. (c) & (d) added
(b) in respect of any of the first 7 days of a longer spell of incapacity;
by reg. 68(4)(a) & (b)
may consist of a self certificate instead of a certificate in the form of a statement in
of S.I. 2008/1554 as
writing given by a doctor in accordance with regulation 2(1).̇
f r o m   2 7 . 1 0 . 0 8 .
3
̈2
Para. (1) of reg. 5
(c) for a period of limited capability for work which lasts less than 8 days; or
substituted by reg. 2 of
(d) in respect of any of the first 7 days of a longer period of limited capability for
S.I. 1989/1686 as from
work,̇
9 . 1 0 . 8 9 .
4Words substituted in reg.
(2) For the purpose of this regulation:–
5(1) by reg. 2(4)(a) of
S.I. 1994/2975 as from
̈5“self-certificate” means either–
13.4.95.
(i) a declaration made by the claimant in writing, on a form approved for the
5Defn. of “self
purpose by the Secretary of State; or
certificate” substituted
by reg. 68(4)(c) of S.I.
(ii) where the claimant has made a claim for employment and support
2 0 0 8 / 1 5 5 4   a s   f r o m
allowance in accordance with regulation 4G of the Social Security
2 7 . 1 0 . 0 8 .
(Claims and Payments) Regulations 1987, an oral declaration by the
claimant.
that the claimant has been unfit for work from a date or for a period specified in
the declaration and may include a statement that the claimant expects to continue
to be unfit for work on days subsequent to the date on which it is made;̇
̈6“spell of incapacity” has the meaning given to it by section 171B(3) of the
6Defn. substituted in
Contributions and Benefits Act.̇̇
reg. 5(2) by reg.
2(4)(b) of S.I. 1994/
2975 as from 13.4.95.
David Ennals
21st April  1976
Secretary of State for Social Services
Supplement No. 85 [Dec 2008]
The Law Relating to Social Security
3.5753

SI 1976/615
SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
Sch. 1
SCHEDULE 1
Regulation 2(1)
PART I
RULES
1.
In these rules, unless the context otherwise requires–
“Claimant” 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 claimant;
“doctor’s statement” means a statement given in accordance with these
rules;
“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 claimant is on the list of a doctor providing general medical
services under the National Health Service Act 1946(a), or the National Health
Service (Scotland) Act 1947(b), 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 either on a form provided
by the Secretary of State for the purpose or in a form substantially to the like
effect, and shall be signed by the doctor attending the claimant.
5.
Every doctor’s statement shall be completed in ink or other indelible
substance, and shall contain the following particulars:-
(a) the claimant’s name’
(b) the date of the examination on which the doctor’s statement is based;
(c) the diagnosis of the claimant’s disorder in respect of which the doctor is
advising the claimant to refrain from work or, as the case may be, which
has caused the claimant’s absence from work;
(d) the date on which the doctor’s statement is given;
(e) the address of the doctor.
and shall bear, opposite the words “Doctor’s signature”, the signature of the
doctor making the statement written after there have been entered the claimant’s
name and the doctor’s diagnosis.
6.
Subject to rules 7 and 8 below, the diagnosis of the claimant’s disorder in
respect of which the doctor is advising the claimant to refrain from work or, as
the case may be, which has caused the claimant’s absence from work shall be
( a ) 1946 c. 81.
( b ) 1947 c. 27.
3.5754 (–3.5756)
Supplement No. 85 [Dec 2008]
The Law Relating to Social Security

SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
SI 1976/615
Sch. 1
specified as precisely as the doctor’s knowledge of the claimant’s condition at the
time of the examination permits.
7.
Where, in the doctor’s opinion, a disclosure to the claimant of the precise
disorder would be prejudicial to his well-being, the diagnosis may be specified
less precisely.
8.
In the case of an initial examination by a doctor in respect of a disorder
stated by the claimant to have caused incapacity for work, where–
(a) there are no clinical signs of that disorder, and
(b) in the doctor’s opinion, the claimant need not refrain from work,
instead of specifying a diagnosis “unspecified” may be entered.
9.
A doctor’s statement must be given on a date not later than one day after
the da te of the examina tion on whic h 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 claimant 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 claimant 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 claimant
has, on the ad vice of a doctor, refrained fr om work for at least 6 months
immediately preceding that date.
13. Where–
(a) the claimant 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 claimant to refrain
from work for the foreseeable future.
instead of specifying a period, the doctor may, having regard to the circum-
stances of the particular case, enter the words “until further notice”.
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.
15. A doctor may, having regard to the circumstances of the particular case,
indicate on the doctor’s statement that the claimant should be considered for
vocational rehabilitation.
Supplement No. 50 [March 2000]
The Law Relating to Social Security
3.5757

SI 1976/615
SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
Sch. 1
PART II
FORM OF DOCTOR’S STATEMENT
DOCTOR’S STATEMENT
In confidence to
Mr./Mrs./Miss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I examined you today/yesterday and advised you that:
(a)
you need not
(b)
you should refrain from work
refrain from work
for ...............................................................
OR until .......................................................
Diagnosis of your disorder
causing absence from work .................................................................................................
Doctor’s remarks
Doctor’s
Date of
signature
signing
Recommendation
for vocational
rehabilitation
PART III
THE NOTES
The following notes shall accompany the form of doctor’s statement provided
by the Secretary of State:-
On the doctor’s statement:-
(1) After the words “you should refrain from work for”, the period entered
must not exceed 6 months unless the patient has, on the advice of a doctor,
already refrained from work for a continuous period of 6 months.
(2) After the words “you should refrain from work until”–
(a) if the patient is being given a date when he can return to work the date
entered should not be more than 2 weeks after the date of the
examination;
(b) if the patient has already been incapable of work for at least 6 months
and recovery of capacity for work in the foreseeable future is not
expected “further notice” may be entered.
3.5758
Supplement No. 50 [March 2000]
The Law Relating to Social Security

SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
SI 1976/615
Sch. 1A
̈SCHEDULE 1A
Regulation 2(1)
Schedule 1A inserted by
reg. 3(3) of S.I. 1992/247
PART I
as from 9.3.92.
RULES
1.
In these rules, unless the context otherwise requires–
“claimant” 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 claimant;
“special statement” means the form prescribed in Part II of this Schedule.
2.
Where a doctor advises a claimant to refrain from work on the basis of a
written report which he has received from another doctor or where a doctor has
not issued a statement since the claimant was examined and he wishes to issue a
statement more than a day after the examination he shall use the special
statement.
3.
The special statement shall be completed in the manner described in
paragraph 5 of Part I to Schedule 1.
4.
Subject to rules 5 and 6 below, the diagnosis of the claimant’s disorder in
respect of which the doctor is advising the claimant to refrain from work or as
the case may be, which has caused the claimant’s absence from work shall be
specified as precisely as the doctor’s knowledge of the claimant’s condition
permits.
5.
Where, in the doctor’s opinion, a disclosure to the claimant of the precise
disorder would be prejudicial to his well being, the diagnosis may be specified
less precisely.
6.
In a case of a disorder stated by the claimant to have causes incapacity for
work, where–
(a) no clinical signs have been found of that disorder, and
(b) in the doctor’s opinion, the claimant need not refrain from work,
instead of specifying a diagnosis “unspecified” may be entered.
7.
Part B of the special statement must only be given on a date not later than
one month after the date of the written report on which the special statement is
based and that part shall only be used where the claimant is being advised to
refrain from work for a specified period of not more than one month.
Supplement No. 35 [Apr 95]
The Law Relating to Social Security
3.5759

SI 1976/615
SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
Sch. 1A
PART II
FORM OF SPECIAL STATEMENT
FOR SOCIAL SECURITY AND
Special Statement
STATUTORY SICK PAY
by  the Doctor
PURPOSES ONLY
In confidence to
Mr/Mrs/Miss/Ms
.................................................................................................................................................
(A) I examined you on the
( B )   I   h a v e   n o t   e x a m i n e d   y o u   b u t ,   o n     t h e   b a s i s   o f   a
recent written report from–
following dates ...................................
Doctor ....................................................... (Name if known)
................................................................
o f ................................................................................................
................................................................
....................................................................................................
and advised you that you should
refrain from work
.................................................................................... Address)
I have advised you that you should refrain
From ...............  to ...............................
................................................................ from work for/until
D i a g n o s i s   o f   d i s o r d e r
causing absence from work ...............................................................................................................................
Doctor’s remarks
Doctor’s
Date of
signature
signing
The special circumstances in which this form may be used are described in the handbook “Medical
Evidence for Social Security and Statutory Sick Pay purposes”.
̇
3.5760 (–3.5762
Supplement No. 35 [Apr 95]
The Law Relating to Social Security

SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
SI 1976/615
Sch. 1B
̈SCHEDULE 1B
Regulation 2(1)(c)
Sch. 1B inserted by reg. 3
of and Sch. to S.I.
PART I
1994/2975 as from
13.4.95.
RULES
1.
In these rules, unless the context otherwise requires–
“claimant” 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 claimant;
“̈personal capability assessmenṫ statement” means a statement given by a doctor
Words substituted in
in accordance with these rules.
paras. 1-3 by reg. 5(c)
of S.I. 1999/3109 as
f r o m 3 . 4 . 2 0 0 0 .
2.
Where the Secretary of State has requested that the claimant provide a ̈ personal
capability assessmenṫ statement, that statement shall be provided in the form
prescribed in Part II of this Schedule notwithstanding that the claimant has already
provided a statement in accordance with Schedule 1 or 1A.
3.
The ̈personal capability assessment ̇ statement shall be completed in
accordance with rules 3, 4, 5 ̈and 9 to 13̇ of Part I to Schedule 1.
Ref. substituted in para. 3
by reg. 4(3) of S.I.
4.
Subject to rule 5 below, the diagnosis of–
1995/987 as from
13.4.95.
(a) the disorder in respect of which the doctor is advising the claimant to
refr ain from wo rk or, as the case may be , w hic h has caused the
claimant’s absence from work; and
(b) any other condition which could affect the claimant’s capacity for work,
shall be specified as precisely as the doctor’s knowledge of the claimant’s condition at
the time of the examination permits.
5.
Where, in the doctor’s opinion, a disclosure to the claimant of the precise
disorder would be prejudicial to his well being, the diagnosis may be specified
less precisely.
6.
The notes set out in Part III of this Schedule shall accompany the form of
doctor’s statement provided by the Secretary of State.
Supplement No. 50 [March 2000]
The Law Relating to Social Security
3.5763

SI 1976/615
SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
Sch. 1B
PART II
FORM OF DOCTOR’S STATEMENT
THIS STATEMENT SHOULD NOT BE USED FOR PEOPLE CLAIMING STATUTORY SICK PAY FROM THEIR EMPLOYER.
Doctor’s Statement
In confidence to
Mr/Mrs/Miss/Ms
................................................................................
N o t e f o r D o c t o r — We a re m a k i n g a n a s s e s s m e n t o f y o u r p at i e n t ’ s e l i g i b i l i t y f o r
Words substituted by
Incapacity Benefit and other state benefits under the terms of the ̈personal capability assessmenṫ.
reg. 5(b) of S.I. 1999/
Please complete the following boxes.
3109 as from 3.4.2000.
Main diagnosis (be as precise as possible) . ..................................................................................
Other diagnoses .................................................................................................................................
Doctor’s remarks
(including comments on the disabling effects of the condition, treatment and progress—
accuracy and detail will avoid requests for completion of a medical report).
Note for Doctor—While the ̈personal capability assessmenṫ is being carried out, we need
evidence that your patient should refrain from his usual occupation. Please provide the following
information (which will not be part of the all work assessment).
I am issuing the following statement based upon the current guidance to certifying
medical practitioners. I examined you today/yesterday and advised you that:
(a)
you need not
(b) Yo u s h o u l d re f ra i n f r o m yo u r u s u a l
refrain from
occupation
your usual
occupation
for (insert period)
...................................
OR until ........................................................
Doctor’s
Date of
signature
signing
Form Med 4
3.5764
Supplement No. 50 [March 2000]
The Law Relating to Social Security

SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
SI 1976/615
Sch. 1B
PART III
THE NOTES
The following notes shall accompany the form of a doctor’s statement provided
by the Secretary of State:
1.
After the words on the doctor’s statement “you should refrain from your
usual occupation”–
(i) if the patient is being given a date when he can return to work, the date
entered should not be more than 2 weeks after the date on which the
statement is issued;
(ii) if recovery of capacity for work in the foreseeable future is not expected,
“further notice” may be entered.
2.
The “remarks” box should be used to provide additional information;
including further details of diagnosed conditions, the disabling effect of such
conditions, and notes on the patient’s treatment and progress. Accuracy and
detail will avoid requests for completion of a medical report.
3.
The “remarks” box should also be used to state whether or not the patient
is able to travel a reasonable distance to a medical examination as a result of his
condition. If no entry is made, it will be assumed that the patient can travel.
4.
This form of doctor’s statement should not be used where the patient is
claiming statutory sick pay from their employer. Form Med 3 should be used for
that purpose.̇
Supplement No. 35 [Apr 95]
The Law Relating to Social Security
3.5765

SI 1976/615
SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
Sch. 2
Sch. substituted by reg. 4
̈SCHEDULE 2
Regulation 2(3)
of S.I. 1987/409 as from
6.4.87
PART I
RULES
1.
In these rules any reference to a woman is a reference to the woman in
respect of whom a maternity certificate is given in accordance with these rules.
2.
A maternity certificate shall be given by a doctor or registered midwife
attending the woman and shall not be given by the woman herself.
3.
The maternity certificate shall be on a form provided by the Secretary of
State for the purpose and the wording shall be that set out in the appropriate part
of the form specified in Part II of this Schedule.
4.
Every maternity certificate shall be completed in ink or other indelible
substance and shall contain the following particulars–
(a) the woman’s name;
(b) the week in which the woman is expected to be confined or, if the
maternity certificate is given after confinement, the date of that
confinement and the date the confinement was expected to take place
Words deleted from and
̈̇;
words substituted in para.
(c) the date of the examination on which the maternity certificate is based;
4 by reg. 21 of
S.I. 1991/2284 as
(d) the date on which the maternity certificate is signed; and
from 1.11.91.
(e) the address of the doctor or where the maternity certificate is signed by
a ̈registered midwife the personal identification number given to her
by the United Kingdom Central Council for Nursing, Midwifery and
Health Visiting (“UKCC”) on her registration in Part 10 of the register
maintained under section 10 of the Nurses, Midwives and Health
Visitors Act 1979(a) and the expiry date of that registratioṅ,
and shall bear opposite the word “Signature”, the signature of the person giving
the maternity certificate written after there has been entered on the maternity
certificate the woman’s name and the expected date or, as the case may be, the
date of confinement.
5.
After a maternity certificate has been given, no further maternity
certificate bases on the same examination shall be furnished other than a
maternity certificate by way of replacement of an original which has been lost or
mislaid, in which case it shall be clearly marked “duplicate”.
(a) 1979 c.36.
3.5766 (3.5768)
Supplement No. 35 [Apr 95]
The Law Relating to Social Security

SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
SI 1976/615
Sch. 2
̈1PART II
1Part II of Sch. 2
substituted by reg. 22 of
FORM OF CERTIFICATE
S.I. 1991/2284 as from
1 . 1 1 . 9 1 .
MATERNITY CERTIFICATE
Please fill in this form in ink
Name of patient
Fill in this part if you are giving the certificate
Fill in this part if you are giving the certificate
before the confinement.
after the confinement.
Do not fill this in more ̈2than 20 weekṡ
I certify that I attended you in connection
2Words substituted in
before the week the baby is expected.
with the birth which took place on
Part II of Sch. 2 by reg.
......./........../........ when you were
2(3)(a) of S.I. 2001/
2931 as from 28.9.01.
In my opinion your babay was expected in the
week that includes ....../........../........
I certify that I examined you on the date
given below. In my opinion you can expect to
have your baby in the week that includes
......./........../........
Week means a period of 7 days starting on a
Sunday and ending on a Saturday.
Date of examination ......./........../........
Registered midwives
Date of signing ......./........../........
Please give your UKCC Personal Identification
Number and the expiry date of your
registration with the UKCC.
Signature
Doctors
Please stamp your name and address
h e r e i f t h e f o r m h a s n o t b e e n s t a m p e d
b y t h e ̈3Health Authority ̇ in whose
3Words substituted in
medical list you are included.
Part II of Sch. 2 by reg.
2(3)(b) of S.I. 2001/
2931 as from 28.9.01.
̇̇
Supplement No. 82 [March 2008]
The Law Relating to Social Security
3.5769

SI 1976/615
SOCIAL SECURITY (MEDICAL EVIDENCE) REGULATIONS 1976
EXPLANATORY NOTE
(This Note is not part of the Regulations)
The Regulations provide for the manner in which evidence of incapacity for
work or of expected confinement or confinement is to be given for the purposes
of a claim for benefit under the Social Security Act 1975 for which evidence is
required. The Regulations replace the Social Security (Medical Certification)
Regulations 1975 (“the 1975 Regulations”) which are revoked.
The Regulations and Rules in Schedule 1 prescribe a certificate in the form of a
doctor’s statement in which the issuing doctor advises the claimant that he need
not refrain from work or, as the case may be, that he should refrain from work for
a period of up to 6 months, or longer in certain circumstances. Certificates for the
purposes of maternity benefit are prescribed in Schedule 2 and correspond to
those in the 1975 Regulations. The Regulations amend the Social Security
(Claims and Payments) Regulations 1975 so that a doctor’s statement and a
special statement based on a written report from another doctor may be accepted
for the purposes of forward allowances of certain benefits.
The Report of the National Insurance Advisory Committee dated 10th March
1976 on the draft of these Regulations referred to them is contained in House of
Commons Paper No. 349 (Session 1975-76) pub lished b y Her Majesty’s
Stationery office.
3.5770 (–3.5900)
Supplement No. 82 [March 2008]
The Law Relating to Social Security