Citation, commencement and extent

1.—(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.

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

2.—(1) In the definition of “terminally ill” in regulation 2(1) of the Employment and Support Allowance Regulations 2008( 5), for “6 months” substitute “12 months”.

(2) In the definition of “terminally ill” in regulation 2 of the Universal Credit Regulations 2013( 6), for “6 months” substitute “12 months”.

(3) In the definition of “terminally ill” in regulation 2 of the Employment and Support Allowance Regulations 2013( 7), 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( 8) 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—

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.