Philomena’s Law - What Is It?

In March 2024, the Irish Government introduced the Mother and Baby Institution Payment Scheme. This is a payment ‘in recognition of the circumstances (that people) experienced’ while living in Mother and Baby or County ‘Home’ institutions. Those experiences included physical and emotional abuse and lead to long term suffering to those who were incarcerated behind their walls.  

People who were meet the criteria of set out by the Irish government can receive a payment whether they currently live in or outside the Republic of Ireland – including those resident in Great Britain. 

The scheme is not ‘disregarded’ for those on means tested benefits. This means that people who are in receipt of means tested benefits may have their benefits stopped for having too much savings. They may also need to contribute towards care costs. 

While the lowest payment amount is below the lowest of the means testing threshold, the next tier of payment can be up to €14,500. This means that where a person eligible for the second lowest rate from the Payment Scheme, who is in receipt of means tested benefits, will be over the lower capital thresholds. This means that means tested benefits will be affected. 

The payment rate increases incrementally dependent on the length of time that someone spent in an institution. If someone was in an institution for more than 361 days, they would be entitled to a minimum of €18,000 which would, in the majority of cases, take them out of entitlement for means tested benefits. 

It also may impact people’s ability to claim benefits in future, as they may fall foul of rules on ‘intentional deprivation of assets’. These can be complex matters, if potential applicants have any questions about them they can contact staff at Fréa Renewing Roots (Fréa contact details).

‘Philomena’s Law’ was introduced into the House Of Commons by Liam Conlon MP on 12th Match 2025. If passed the bill will add the Mother and Baby Institution Payment Scheme to the list of payments – such as Windrush or the Post Office Compensation Scheme – already disregarded by the British Government for calculating means tested benefits. This means that people can receive a payment without having their means tested benefits affected. 

The bill has been named Philomena’s Law after Philomena Lee who had an eponymously named film made about her life in a Mother and Baby institution. 

It has taken dedicated work from staff and Liam Conlon to get the bill this far. But it’s impact would be massive for those who would benefit from it. The payment is a recognition of the wrongs and hardship that the institutions caused to individuals. Many now feel unable to make an application to the Payment Scheme due to the impact of losing benefits. If the bill passes it would be a further vindication of survivors of the Mother and Baby and County institutions. 

This is an important bill for the Irish community in Britain. The institutions cast a dark shadow over the history of 20th century Ireland and it’s diaspora – the passing of this shows how 21st century Irish organisations can come together to work for the benefit of the wider community.