welfare rights officer, appeals team, social work department, glasgow Member since 02nd Feb 2004
pca and nurses Wed 24-Mar-10 04:08 PM
the recent amendment (noted in the news section) to the definition of medical evidence in the Incapacity for Work regs appears to mean that evidence from medical examinations carried out by anyone other than a doctor does not count for a supersession under reg 6(2)g of the DA regs.
So for reg 8 of the Incapacity for Work (General) Regs a nurse can carry out a medical but the only type of health care professional that counts is a doctor for the purposes of 6(2)g. Evidence from anyone else doesn't count to enable a supersession. The earlier amendment to reg 6(2)g to health care professional doesn't work as the definition of medical evidence limited it to a specific type of HCP (doctors).
WRO/LA/FIO, Dundee North Law Centre Member since 24th Sep 2009
RE: pca and nurses Thu 25-Mar-10 12:17 PM
Is the consensus that all med ev ESA supersessions by a nurse are unlawful - otherwise why amend the regulations? Or have i failed to understand the post?
welfare rights officer, appeals team, social work department, glasgow Member since 02nd Feb 2004
RE: pca and nurses Thu 25-Mar-10 12:45 PM
no PCA only ESA regs separate medical evidence definition was always health care professional. The misc. regs just published deal with a jumble of different ESA and Incapacity amendments.