Welfare Reform Bill

moved AmendmentNo. 111: 111: After Clause 60, insert the following new Clause— ““ Medical examinations (1) The Social Security Act 1998 (c. 14) is amended as follows. (2) In section 19 (medical examination required by Secretary of State), in subsections (1) and (2)(b), for ““medical practitioner”” substitute ““health care professional approved by the Secretary of State””. (3) In section 20 (medical examination required byappeal tribunal), in subsection (2), for ““medical practitioner”” substitute ““health care professional approved by the Secretary of State””. (4) In that section, after subsection (2), insert— ““(2A) The power under subsection (2) to refer a person to a health care professional approved by the Secretary of State includes power to specify the description of health care professional to whom the person is to be referred.”” (5) In section 39 (interpretation), in subsection (1), after the definition of ““Commissioner”” insert— ““““health care professional”” means a member of a profession (whether or not regulated by, or by virtue of, any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals;””.”” The noble Lord said: In moving AmendmentNo. 111 I shall speak also to government Amendments Nos. 112, 114 and 115. These amendments relate to the use of healthcare professionals in medical examinations necessary for a decision on entitlement to benefit. What we mean by healthcare professional is defined in the Bill as a member of a profession which is concerned wholly or partly with the physical or mental health of individuals. That will include, for example, doctors, nurses and community psychiatric nurses. Section 19 of the Social Security Act 1998 currently allows a person to be referred for a medical examination and report to a medical practitioner where that is considered necessary for the purpose of providing information for use in making a decision on entitlement to benefit. Section 20 of the 1998 Act allows the ““eligible member””, that is the legally qualified member of an appeal tribunal, to ask for a medical examination and report by a medical practitioner to aid their determination of an appeal before the appeal tribunal. The Government are keen, however, to develop a much wider use of healthcare professionals in the delivery of medical services and in particular undertaking medical examinations. Healthcare professionals are now playing a wider role and are taking on clinical roles previously reserved for doctors. The White Paper Our Health, Our Care, Our Say outlined the strategy for expanding the role of practice nurses and other healthcare professionals, and we want to reflect these intentions in the social security system. It has recently become clear, however, that contrary to what we previously thought, the current legislation does not include a power to make full use ofthe potential of healthcare professionals in theprovision of medical services for social security benefit claimants. Without this amendment the department would be unable to take full advantage of the skills that healthcare professionals offer, particularly in the delivery of disability benefits such as DLA and AA. Amending Section 20 of the 1998 Act provides that the legally qualified tribunal member may refer an appellant to a particular type of healthcare professional, including the power to refer a person to a medical practitioner. It is important that the legally qualified member of a tribunal can decide what type of healthcare professional an appellant should be referred to for an examination. Amendment No. 112 amends Section 123 of the Social Security Administration Act 1992, to ensure that the provisions that currently make it an offence for a medical practitioner to disclose information about a person without lawful authority are extended to include healthcare professionals. We wish to amend the legislation governing these matters as quickly as possible, to avoid any doubts about our commitment to better, more efficient delivery in existing benefits. The amendments will also ensure that the department’s medical service provider is able to provide the level of medical support required across the department. I beg to move.