Social Welfare (Miscellaneous Provisions) Act 2010

Amendment to section 40 of Principal Act.

6.— Section 40 (as amended by section 5 of the Act of 2007) of the Principal Act is amended by inserting the following subsections after subsection (6):

“(7) For the purposes of establishing that an insured person is incapable of work on a specified day or days of incapacity for work—

(a) a document shall be provided in respect of that person, in such form as may be prescribed, in which it is certified by a registered medical practitioner, or other person as may be prescribed, that the insured person is, was or will be incapable of work on a specified day or days of incapacity for work, and

(b) the document shall be provided to an officer of the Minister in such manner as may be prescribed, by the insured person, a registered medical practitioner or other person as may be prescribed.

(8) Without prejudice to subsection (7), the Minister may make regulations for the purposes of that subsection and without prejudice to section 4, regulations under subsection (7) may—

(a) make different provision in relation to the different persons or classes of persons who may certify that an insured person is, was or will be incapable of work, and

(b) make different provision in relation to the different circumstances or classes of circumstances in respect of the persons referred to in paragraph (a) who may certify that an insured person is, was or will beincapable of work.”.