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A bill to Reform the assessment process for health-related and disability benefits in England and Wales, including the minimum age at which applicants can be assessed and the nature of assessment appointments; and for connected purposes.

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 Personal Independence Payments: assessments¶

In Regulation 4 of the Social Security (Personal Independence Payment) Regulations (S.I. 2013/377) (assessment of ability to carry out activities), at end of paragraph (1) insert, “which is carried out in person”.

2 Personal Independence Payments: re-determinations¶

In Regulation 11 of the Social Security (Personal Independence Payment) Regulations (S.I. 2013/377) (re-determination of ability to carry out activities), after paragraph (2), insert—

(3) Where it has been determined that C has limited ability to carry out either or both daily living activities or mobility activities as a result of a primary condition of anxiety, depression or ADHD, the Secretary of State must determine afresh in accordance with regulation 4 whether the condition has deteriorated to a point at which they are now eligible for enhanced rate Personal Independence Payments under sections 78(2) or 79(2) of the Act, or whether they are eligible for a different condition that was not recorded as a main condition within one year of the passing of the Health and Disability Reform Act 2026.

(4) Where it has been determined under paragraph (3) that C is not eligible for enhanced Personal Independence Payments and is not eligible for Personal Independence Payments by virtue of a different condition, the Secretary of State must determine that C is no longer eligible to receive Personal Independence Payments within six months of the passing of the Health and Disability Reform Act 2026.

3 Eligibility for health and disability benefits¶

(1) No person when they are assessed for the receipt of any health or disability related benefit may qualify for that benefit unless they are a British citizen, unless the Secretary of State provides otherwise.

(2) Any non-British citizen who is in receipt of health or disability related benefits on the day on which this Act is passed must be re-assessed having regard to subsection (1).

(3) The Secretary of State may by regulations made by statutory instrument specify circumstances in which a non- British citizen may receive, or continue to receive, health and disability related benefits.

(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) For the purposes of this Act, “health or disability benefits” means Personal Independence Payments, Employment Support Allowance and the health element of Universal Credit.

4 Capability for work or work-related activity element of Universal Credit: minimum age¶

In section 12 (2)(b) of the Welfare Reform Act 2012 (other particular needs or circumstances), after “claimant” insert “who is aged 22 years or over”.

5 Extent, commencement and short title¶

(1) This Act extends to England and Wales.

(2) This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the Health and Disability Benefits Reform Act 2026.