Caoilfhionn Gallagher KC

The Irish and UK governments last month jointly announced plans for payments made from Ireland’s mother and baby institutions payments scheme to be disregarded in means tests for benefits across the UK.

British MP Liam Conlon had previously proposed legislation on the matter in Westminster, which was dubbed “Philomena’s law” in honour of mother and baby home survivor Philomena Lee.

Campaigners including 70-year-old Rosemary Adaser, who has lived in Britain since 1976, say survivors now need clarity on when the legal change will actually happen.

Ms Adaser, who lives in west London, said: “The prime minister’s warm words were welcome, but now those words must be matched by urgent action.

“Survivors of mother and baby homes have already waited decades for recognition of the abuse we suffered. Many of us are elderly and living on limited means.”

Rosemary’s twin brother Anthony Adaser – who lives in Ireland – is also a survivor and was eligible for, and received, his compensation from the Irish State. He has not suffered any financial penalties from either welfare or tax authorities in Ireland, and received his full compensation weeks after he applied.

“But, at the moment, survivors in the UK face a cruel choice: accept compensation for what happened to us and risk losing the benefits we rely upon simply to survive,” Ms Adaser said.

“That cannot be right. It cannot be right that my sibling gets what he rightly deserves, but I am penalised. 

“Survivors are dying without access to what they’re entitled to. I am terrified I will die without this being resolved, and it will be too late for me and my family.

“I am calling on the prime minister to meet with me urgently so we can discuss the timetable for Philomena’s Law and ensure it is introduced without delay. This cannot wait any longer.”

Although the UK prime minister has committed in principle to introducing legislation, survivors still face uncertainty and fear, as the rules have not yet changed and they have been warned that benefits could still be docked – leaving survivors to battle with individual local councils. 

Mr Adaser, 70, from Dublin, added: “Justice delayed is justice denied and for my twin sister to see that her brother has received somewhat timely if limited compensation for the horrors we endured in our childhood at the hands of the State and its servants standing ‘in loco parentis’, while she has to fight for every penny amounts to another form of institutional abuse. 

“The unfairness of it all is just galling. The main benefit for me is that it offers some peace of mind in planning for my retirement years and I know my sister would also like, and deserves, to have this reassurance.”

Without reform, compensation payments made under Ireland’s mother and baby institutions payment scheme can be treated as savings under UK welfare rules, potentially reducing or removing access to benefits such as Universal Credit or Pension Credit.

An estimated 13,000 survivors living in Britain risk losing access to essential means-tested benefits if they accept compensation payments ranging from €5,000 to €125,000 (£4,230 to £105,000), depending on how long they were held in the institutions.

So far, only 7,000 out of a possible 34,000 applicants have applied for the scheme – and only 770 of those from the UK.

Ms Adaser said: “It cannot be right that we are left to fight individual battles, council by council, survivor by survivor. The government must sort this out.”

Human rights lawyers say the situation has left many elderly survivors facing an impossible dilemma: accept compensation for the abuse they suffered, or risk losing the financial support they rely upon to live.

Ms Gallagher, who represents Ms Adaser, said: “The prime minister’s pledge to introduce Philomena’s law is welcome, but survivors now urgently need to see this translated into legislation.

“Many of those affected are elderly. Dither and delay will affect those people’s futures and their finances. They have waited decades for recognition of the abuse they suffered in mother and baby homes and cannot wait indefinitely for what is a straightforward and humane step.

“The current situation leaves survivors facing a stark and unjust choice between accepting compensation and keeping the benefits they depend upon.

“The prime minister must now set out a timetable for action and ensure that survivors living in the UK can access redress without fear of financial penalty.”

Ms Gallagher and Nikila Kaushik represent Ms Adaser. They were preparing to bring legal proceedings against the UK government for the failure to implement Philomena’s law when the prime minister announced the change in policy, following the recent UK-Ireland summit.  

Weeks on from the summit, no legislative timetable for the new rules has yet been set out, and no steps have been taken to ensure survivors have interim protection.

“As well as taking steps to pass Philomena’s Law without delay, it is imperative that the government takes immediate action in the meantime to direct local authorities across the country that during this interim period benefits should not be affected,” Ms Gallagher said.

“The Irish mother and baby scheme opened for applications in February 2024 – over two years ago. Philomena’s law was introduced in the House of Commons in March 2025 – over one year ago.

“It’s now April 2026. How much longer are elderly, distressed survivors expected to wait? This foot-dragging and delay is unfair and inhumane.”