Remedy
Start free

Section 82: Terminal illness

Welfare Reform Act 2012 · 2012 c. 5View on legislation.gov.uk

Part 4: Personal independence payment

This section applies to a person who—

is terminally ill; and
has made a claim for personal independence payment expressly on the ground of terminal illness.

A person to whom this section applies is entitled to the daily living component at the enhanced rate (and accordingly section 78(1) and (2) do not apply to such a person).

Section 79(1)(c) and (2)(c) (required period condition for mobility component) do not apply to a person to whom this section applies.

For the purposes of this section a person is "terminally ill" at any time if at that time the person suffers from a progressive disease and the person's death in consequence of that disease can reasonably be expected within 12 months.

For the purposes of this section, where—

a person purports to make a claim for personal independence payment on behalf of another, and
the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill,

that person is to be regarded as making the claim despite its being made without that person's knowledge or authority.

In subsection (2) "the enhanced rate" has the meaning given by section 78(3).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.