Explanatory note

These Regulations bring into force section 1 of the Social Security (Special Rules for End of Life) Act 2022 (c. 42) (“the Act”) on 3rd April 2023.

Section 1 of the Act amends the definition of when a person is “terminally ill” within social security legislation for Attendance Allowance, Disability Living Allowance, Personal Independence Payment and new style Jobseeker’s Allowance (a jobseeker’s allowance under the Jobseekers’ Act 1995 (c. 18) as amended by the Welfare Reform Act 2012 (c. 5) to remove references to an income-based allowance).

Pursuant to the amended definition, a person with a progressive disease is considered to be terminally ill when their death as a consequence of that disease can reasonably be expected within 12 months, as opposed to 6 months (which was the position prior to the amendment).

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

A full impact assessment has been published in relation to the Act and copies can be obtained at https://bills.parliament.uk/publications/46427/documents/1766 or from the Department for Work and Pensions at Caxton House, Tothill Street, London, SW1H 9NA, United Kingdom.