We are pleased to share news on developments regarding Philomena’s Law that mean expanded protections of redress from Ireland’s Mother and Baby Institutions Payment Scheme. In addition to the British government’s announcement of Philomena’s Law disregarding redress from the scheme for means-tested benefits, we can now confirm that any payment from the scheme will also not count towards means-testing for social care in England and Wales, nor will it be viewed as taxable income by HMRC.
This news will give reassurance to survivors in Britain that any financial award from the scheme will not penalise them now or in the future.
In short, any payment received from the Irish government’s scheme will not affect the rights of those living in Britain to claim means-tested benefits; will not be subject to income tax; and, currently only for those in England and Wales, will not count towards social care capital limits.
HMRC confirmed that payment from the scheme will not be subject to income tax in written communication this month.
In addition to this, legislation laid in September 2026 ensures that from 30 October 2026, payment from the Mother and Baby Institutions Payment Scheme will be disregarded in the assessment for social care in England and Wales.
Furthermore, legislation implementing Philomena’s Law has now been laid in parliament and will be effective from 30 October 2026. Following guidance issued by the British government, an indefinite capital disregard is already applicable on an ex-statutory basis to payment from the scheme in relation to means-tested benefits such as housing benefit, pension credit, universal benefit and council tax benefit, as well as legacy benefits.
This means that survivors concerned about losing their benefits do not need to wait until the end of October to apply to the scheme as the disregard is already effective.
Survivors of Ireland’s Mother and Baby and County Homes are therefore strongly encouraged to apply for the redress scheme providing financial payment recognising the impact that time spent in the institutions has had on people’s lives.
Further details can be found on the Irish Government’s website, click HERE.
For any support required please contact the national freephone line run by the London Irish Centre’s Survivors Integrated Services. Call Sean on 0800 519 5519. This line is open on Tuesday, Wednesday and Thursday, 10am – 4pm