2023 No. 383 (C. 19)

Social Security

The Social Security (Special Rules for End of Life) Act 2022 (Commencement) Regulations 2023

Made27th March 2023

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the Social Security (Special Rules for End of Life) Act 2022¹.

1 Citation and extent¶

1 These Regulations may be cited as the Social Security (Special Rules for End of Life) Act 2022 (Commencement) Regulations 2023.

2 These Regulations extend to England and Wales and Scotland.

2 Provision coming into force on 3rd April 2023¶

Section 1 of the Social Security (Special Rules for End of Life) Act 2022 comes into force on 3rd April 2023.

EXPLANATORY NOTE¶

(This note is not part of the Regulations)

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.

Footnotes

1
2022 c. 42.