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

S.I. 2022/260 · made 8 March 2022

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.

Made under: Social Security Act 1998 (Section 9, Section 10, Section 11, Section 79, Section 84); Welfare Reform Act 2007 (Section 2, Section 4, Section 24, Section 25, Schedule 2 paragraph 1, Schedule 2 paragraph 2, Schedule 2 paragraph 9); Welfare Reform Act 2012 (Section 12, Section 37, Section 40, Section 42); Social Security Administration Act 1992

PDFs: Printed copy https://openlegislation.uk/universal-credit-and-employment-and-support-allowance-terminal-illness-amendment-regulations-2022/pdf/uksi_20220260_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/universal-credit-and-employment-and-support-allowance-terminal-illness-amendment-regulations-2022/pdf/uksiem_20220260_en.pdf

## Introductory text

Social Security
Made 8th March 2022
Laid before Parliament 10th March 2022
Coming into force 4th April 2022
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 1998, 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 2007 and sections 12(4)(b), 37(6), 40 and 42(1), (2) and (3) of the Welfare Reform Act 2012.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

## 1 Citation, commencement and extent

(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.

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

(1) In the definition of “terminally ill” in regulation 2(1) of the Employment and Support Allowance Regulations 2008, for “6 months” substitute “12 months”.
(2) In the definition of “terminally ill” in regulation 2 of the Universal Credit Regulations 2013, for “6 months” substitute “12 months”.
(3) In the definition of “terminally ill” in regulation 2 of the Employment and Support Allowance Regulations 2013, 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 2013 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—
(a) within 12 months in the case of universal credit or an employment and support allowance;
(b) within 6 months in any other case;”.

## Signature

Signed by authority of the Secretary of State for Work and Pensions
Chloe Smith
Minister of State
Department for Work and Pensions
8th March 2022

## 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.

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Source: https://www.legislation.gov.uk/uksi/2022/260 (the official version)
Page: https://openlegislation.uk/universal-credit-and-employment-and-support-allowance-terminal-illness-amendment-regulations-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.