It was a privilege to be in the public gallery of the House of Commons yesterday alongside Philomena Lee’s daughter Jane and grandson Josh as Liam Conlon MP introduced Philomena’s Law to MPs. The law is named after Philomena Lee, a Mother and Baby Home survivor whose story inspired the Oscar-nominated film Philomena starring Steve Coogan and Judi Dench.
This Ten-Minute Rule Bill was the first reading of a proposed change to legislation that would ensure that financial awards from the Republic of Ireland’s Mother and Baby Institutions Payment Scheme are not taken into account for means-tested benefits in Britain.
payment scheme
The scheme, which opened in March 2024, was created to recognise the harsh conditions, emotional abuse, mistreatment, stigma and trauma experienced by residents in Ireland’s Mother and Baby and County Homes. Successful applicants are entitled to a general payment, a health payment and some can apply for a work-related payment.
At present, applicants to the scheme who are resident in Britain and on means-tested benefits or in receipt of means-tested support for social care costs are likely to go over the capital limits upon receipt of the payment award.
This means that they may no longer be entitled to benefits. It may also affect people’s ability to claim benefits in the future due to rules around intentional deprivation of funds.
The Irish government estimates that around 13,000 people currently living in the United Kingdom are eligible to apply. According to the latest figures, just 5 percent of those eligible in the United Kingdom have applied. The statistics are UK-wide, but the benefits issue only affects survivors in England, Scotland and Wales as legislation in Northern Ireland already has a capital disregard in place for schemes like this.
Whilst the scheme is open for five years, those who have been made offers have just six months to decide whether to accept the payment. Declining the offer is considered a refusal and applicants cannot re-apply. This is particularly difficult for those who were not aware at the time of applying that the payment would impact their access to means-tested benefits in Britain.
distress
This situation is causing significant distress to survivors of these institutions, at a time when they should be receiving this compensation payment precisely in recognition of the harsh conditions, emotional abuse and all other forms of mistreatment while resident.
The fact that so many survivors moved to Britain and are in receipt of means-tested benefits is due in part to the trauma they suffered in these institutions. They now, perversely, find themselves potentially facing sanctions for this overdue recognition of the abuse they have suffered.
Philomena’s Law aims to introduce a “capital disregard” in Britain so that awards from this scheme will not be taken into account for means-testing.
Similar disregards were introduced for compensation awards for Windrush victims, those impacted by the 7/7 bombings in London and victims of historical institutional child abuse. This would ensure that recipients of payment scheme awards do not find themselves in a worse financial situation.
Steve Coogan, who played journalist Martin Sixsmith in the film Philomena, commented:
Liam is doing fantastic work to raise awareness of this important issue and I’m backing ‘Philomena’s Law’ to help him ensure that all survivors get the compensation they are rightfully due.
The bill is due for its second reading later in March. On Tuesday 25 March, Liam Conlon MP will host a panel discussion in Westminster about this issue for Irish community organisations. For more details, please email policy@irishinbritain.org
National Response Helpline based at the Survivors Integrated Service - London Irish Centre on 0800 519 5519
For a full list of organisations offering support click HERE.
Watch Liam Conlon's full speech HERE.