Changes to terminal illness rules

Catching up on this story
https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-confirms-intention-to-extend-terminal-illness-provision-in-social-security-benefits#

The announcement appears to say that any change from six months to twelve months will initially only apply to UC and ESA with changes to AA, DLA and PIP to follow later when parliamentary time allows. I know we will have to wait for the detail but, apart from the fact that it will be confusing, having two different time periods seems impractical if medical staff are still expected to write DS1500s to evidence terminal illness.

Not clear why parliamentary time should be an issue as this seems a very simply change.

Will also be interesting to see if the legislative definition of “death can reasonably be expected within 6 months” is amended to match the DS1500 guidance of ‘“would not be surprised if your patient were to die within’”.

The issue is that the definition of “terminal illness” sits in the primary legislation for PIP, DLA, AA (e.g. s82(4) Welfare Reform Act 2012) whereas it sits in the secondary legislation for UC and ESA (e.g. reg. 2 UC Regs 2013).

It is relatively straightforward to change the regs, but to change the Act, you need a new Act - i.e. going through both houses of parliament, royal assent etc. - which needs Parliamentary time.

Awkward to have two definitions but it can’t be helped.

Thank you Elliot for that very helpful response which makes the situation more understandable. Have to wait and see how they tackle the practical implications in respect of guidance to medical professionals on completing DS1500s (or some new form).