A point of detail on the provisions allowing nurses, OT's etc (other health professionals - OHP's) to undertake IB medicals.

The IB Regs (Reg.8 IFW) Regs were amended w.e.f 3.7.07 to allow this. The D+A Regs, in particular Reg.6(2)(g), no doubt through oversight, were not amended until 30.10.08 (see SI 2667/2008).

As a result, in our view, the SoS has no grounds to supersede an IB award (unless there is good evidence of a change of circumstances) following an examination by an OHP. If anyone has an IB appeal resulting from an OHP examination conducted prior to 30.10.08, this seems a good technical argument to run, at least as a backup.

Richard Atkinson