2022 No. 260

Social Security

The Universal Credit and Employment and Support Allowance (Terminal Illness) (Amendment) Regulations 2022

Made

Laid before Parliament

Coming into force

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 9(1), 10(3) and (6), 11(1), 79(1), (4) and (6) and 84 of the Social Security Act 19981, sections 2(4)(a), 4(6)(a), 24 and 25(1) to (3) and (5) and paragraphs 1, 2 and 9 of Schedule 2 of the Welfare Reform Act 20072 and sections 12(4)(b), 37(6), 40 and 42(1), (2) and (3) of the Welfare Reform Act 20123.

In accordance with section 173(1)(b) of the Social Security Administration Act 19924, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

Citation, commencement and extent1

1

These Regulations may be cited as the Universal Credit and Employment and Support Allowance (Terminal Illness) (Amendment) Regulations 2022.

2

These Regulations come into force on 4th April 2022.

3

These Regulations extend to England and Wales and Scotland.

Amendments of the definition of when a person is “terminally ill”2

1

In the definition of “terminally ill” in regulation 2(1) of the Employment and Support Allowance Regulations 20085, for “6 months” substitute “12 months”.

2

In the definition of “terminally ill” in regulation 2 of the Universal Credit Regulations 20136, for “6 months” substitute “12 months”.

3

In the definition of “terminally ill” in regulation 2 of the Employment and Support Allowance Regulations 20137, for “six months” substitute “12 months”.

4

For the definition of “terminally ill” in regulation 2 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 20138 substitute—

  • “terminally ill” in relation to a claimant, means that the claimant is suffering from a progressive disease and that death in consequence of that disease can reasonably be expected—

    1. a

      within 12 months in the case of universal credit or an employment and support allowance;

    2. b

      within 6 months in any other case;

Signed by authority of the Secretary of State for Work and Pensions

Chloe SmithMinister of StateDepartment for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the definition of “terminally ill” for the purposes of universal credit and employment and support allowance. They amend the definition such that a person is “terminally ill” where their death, as a result of a progressive disease, can reasonably be expected within 12 months, as opposed to 6 months prior to the amendment.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.