Social Security (Special Rules for End of Life) Act 2022

2022 CHAPTER 42

An Act to provide for certain social security rules which apply where life expectancy is 6 months or less to apply instead where life expectancy is 12 months or less.

[25th October 2022]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Rules to apply where death expected within 12 months E+W+S

(1) In section 66 of the Social Security Contributions and Benefits Act 1992 (rules for attendance allowance in cases where death can reasonably be expected within 6 months), in subsection (2)(a) (meaning of “terminally ill” in relation to attendance allowance and disability living allowance), for “6” substitute “12”.

(2) In section 82 of the Welfare Reform Act 2012 (rules for personal independence payment in cases where death can reasonably be expected within 6 months), in subsection (4) (meaning of “terminally ill”), for “6” substitute “12”.

(3) In the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (S.I. 2013/381), in regulation 2, in the definition of “terminally ill”, for the words from “expected” to the end substitute “expected within 12 months”.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 2(2)

I2 S. 1 in force at 3.4.2023 by S.I. 2023/383, reg. 2

2 Extent, commencement and short title E+W+S

(1) This Act extends to England and Wales and Scotland.

(2) Section 1 comes into force on such day or days as the Secretary of State may by regulations made by statutory instrument appoint.

(3) Regulations under subsection (2) may contain such transitional, transitory or saving provision as the Secretary of State considers appropriate.

(4) This section comes into force on the day on which this Act is passed.

(5) This Act may be cited as the Social Security (Special Rules for End of Life) Act 2022.

Commencement Information

I3 S. 2 in force at Royal Assent, see s. 2(4)