Justin Tomlinson

Minister of State for Disabled People, Health and Work

5 February 2021

Dear Minister of State, 

I am writing to you on behalf of some of my constituents, regarding the Department for Work and Pensions’ (DWP) review of the Special Rules for Terminal Illness, announced by that Department on 11 July 2019. I understand the review has now concluded and the proposed changes are awaiting approval from the Treasury.

My constituents are concerned that the current process for claiming fast-track access to benefits, whereby the claimant must prove they have six months or less to live, does not work for people with complex and unpredictable terminal conditions, such as motor neurone disease (MND). As a result, many people have no option but to apply for benefits through the standard claims process, which can often be long, complex and unsuitable for someone coming to terms with a terminal diagnosis.

Additionally, the three-year duration of benefits awarded under the Special Rules means that the small proportion of claimants who live longer than originally expected are required to submit a new claim at the end of the award period. Again, this creates unnecessary stress and anxiety, particularly as claimants’ conditions will only have deteriorated during that time.

Charities like the Motor Neurone Disease Association and Marie Curie have heard from many people with such conditions and it is cleat that the current system does not meet their needs. They describe the standard application route they have to navigate, because they are excluded from accessing benefits via the fast-track process, as burdensome and often distressing.

My constituents welcome the DWP’s commitment to reform the six-month rule and hope you will also remove the requirement for terminally ill claimants to be reassessed after three years. However, they are concerned that it is now more than 18 months since the DWP announced its review and, in this time, as many as 5,000 people have sadly died while waiting for a benefits decision. The precious time terminally ill people have left should be spent with their families and loved ones, rather than worrying about benefits and how they will cope financially.

On behalf of those living with a terminal illness who are still waiting on the outcome of the review, I urge the Treasury to approve these important changes to the Special Rules process ahead of the Budget on 3 March, so that the DWP can ensure they are passed into law as soon as possible.

Yours sincerely,