Are the Atos Medical Tests Illegal ?

TrubbleMaker

When we go for our ESA Medical Test we are seen by an HCP a Healthcare Professional, usually a Nurse or you could even get seen by a Physiotherapist. They conduct the test and enter all their findings into the computer and have it analysed by LiMA software and it generates a report from the findings of the HCP's.

However, according to the Social Security (Medical Evidence) Amendment Regulations 1994, only a DOCTOR can issue a statement regarding a 'Work Test'. Here is a copy of the Regulations

The Social Security (Medical Evidence) Amendment Regulations 1994
SOCIAL SECURITY

Made 23rd November 1994
Laid before Parliament 24th November 1994
Coming into force 13th April 1995
The Secretary of State for Social Security, in exercise of the powers conferred by section 59 of, and Schedule 3 to, the Social Security Administration Act 1992 and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made consequential upon the Social Security (Incapacity for Work) Act 1994 and is made before the end of the period of 6 months beginning with the coming into force of that Act , hereby makes the following Regulations:


Citation, commencement and interpretation
1. — (1) These Regulations may be cited as the Social Security (Medical Evidence) Amendment Regulations 1994 and shall come into force on 13th April 1995.
(2) In these Regulations "the principal Regulations" means the Social Security (Medical Evidence) Regulations 1976


Amendment of the principal Regulations
2. — (1) The principal Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 1(2)(citation, commencement and interpretation) there shall be inserted after the definition of "the Act"—
""the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 ;
"the all work test" means the test provided for in section 171C of the Contributions and Benefits Act;".
(3) In regulation 2 (evidence of incapacity for work and confinement)—
(a)
in paragraph (1)—
(i)
there shall be substituted for the words "where a person claims" up to and including "those days either"— "where a person claims he is entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay), and his entitlement to that benefit, allowance or advantage depends on his being incapable of work, then in respect of each day until he has been assessed for the purposes of the all work test, he shall provide evidence of such incapacity"; and
(ii)
there shall be substituted for sub-paragraph (c)—
"(c)
where the all work test applies and the Secretary of State so requests, a statement in writing given by a doctor in accordance with the rules set out in Part I of Schedule 1B to these Regulations on the form set out in Part II of that Schedule; or

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;

“all work test statement” means a statement given by a doctor in accordance with these rules.

According to the General Medical Council their Registered Medical Practitioners are DOCTORS not Nurses and Physiotherapists

　So, wouldnt that make ALL Medical Tests that were given by anybody else other than a doctor VOID ?

Come on , lets give it to em !!

soolin

If the regs say that only a doctor can issue a work test it is ntotthe same as saying that any other person cannot conduct those tests.

I assume that as with many things in the NHS work is done by someone else and signed off formally by a doctor. I can think of two other examples, one being in a pharmacy the drugs are made out and processed by an assistant (my 16 year old son used to do it) but then formally released by the pharmacist to the patient. Then with prescriptions we have nurses at our local surgery who complete prescriptions but then a GP actually signs them in bulk at end of surgery.

dmg24

soolin wrote: »

If the regs say that only a doctor can issue a work test it is ntotthe same as saying that any other person cannot conduct those tests.

I assume that as with many things in the NHS work is done by someone else and signed off formally by a doctor. I can think of two other examples, one being in a pharmacy the drugs are made out and processed by an assistant (my 16 year old son used to do it) but then formally released by the pharmacist to the patient. Then with prescriptions we have nurses at our local surgery who complete prescriptions but then a GP actually signs them in bulk at end of surgery.

I agree, it is the equivalent to all DWP decisions being made by the Secretary of State for Work and Pensions.

cit_k

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

Is the get out clause...

Nurses, etc are registered medical practioners surely?

dmg24

cit_k wrote: »

Is the get out clause...

Nurses, etc are registered medical practioners surely?

AFAIK the term only applies to doctors, as nurses practice nursing, not medicine. See soolin's answer for why they do not contravene the Act.

Invalidation

dmg24 wrote: »

AFAIK the term only applies to doctors, as nurses practice nursing, not medicine. See soolin's answer for why they do not contravene the Act.

Soolins answer was an opinion, not an acreditted fact of law.

I would say the OP's post has some merit and for those having the inconvenience of an ATOS medical could be worth chasing up.

dmg24

Invalidation wrote: »

Soolins answer was an opinion, not an acreditted fact of law.

I would say the OP's post has some merit and for those having the inconvenience of an ATOS medical could be worth chasing up.

As someone who spends all day everyday interpreting law, I can confirm that soolin's opinion is indeed fact.

hrafndot

And would you feel any need to provide evidence of your qualfication to judge an opinion as fact other than this statement? It seems not.

kurgon

As someone who works in the medical field I would also agree with soolin. As long as a doctor has reviewed the report and signed it off, it meets the standard. This could also be an advanced practitioner (nursing).

cit_k

Does that legislation still apply? I thought the all work test was replaced with the personal capability assessment for IB, or the Work Capability Assessment for ESA?

Wont they have more upto date legislation defining them?

WhiteHorse

dmg24 wrote: »

As someone who spends all day everyday interpreting law, I can confirm that soolin's opinion is indeed fact.

In which case you are put to proof.