The Health Guide

Income protection

Income protection and pre-existing conditions

The short answer

At application the insurer asks health and lifestyle questions; your legal duty is to take reasonable care to answer accurately. Depending on the condition, the insurer may offer standard terms, exclude that condition, load the premium, or decline. Anything already present is not covered going forward if it is excluded or undisclosed.

Written by Dior Teshayev. Reviewed by Stuart Hendy.

Published . Last reviewed . Next review due .

What to know about income protection and pre-existing conditions

  1. Underwriters look at anything that could cause future absence, which is a wider net than for life insurance. Read more
  2. An application can result in standard terms, an exclusion, a premium loading, or a decline. Read more
  3. The same history can produce different outcomes at different insurers. Read more
  4. Disclosure law protects honest, careful applicants proportionately even if an answer turns out to be wrong. Read more

Thinking about income protection and pre-existing conditions

What works well

  • Many common conditions are accepted at standard terms.
  • A loading preserves full cover where an exclusion removes it.
  • CIDRA protects honest, careful applicants proportionately.

What to watch

  • An exclusion can be worded far more broadly than the condition.
  • Non-disclosure is the classic route to a declined claim.
  • Verbal assurances are worthless — decisions must be written.

Your disclosure rights

The Consumer Insurance (Disclosure and Representations) Act 2012 replaced the old duty to volunteer everything with a duty to take reasonable care not to misrepresent when you answer the insurer’s questions. The same Act sets out what an insurer can do if an answer was wrong. If the mistake was careless, the insurer must respond in proportion: where it would have offered cover on different terms it applies those terms, and where it would have charged more it can reduce the claim by the same proportion. Only a deliberate or reckless misrepresentation allows it to cancel the policy and refuse the claim. [5] For consumers, CIDRA means an insurer cannot refuse a claim over an innocent and irrelevant answer, but can reduce or refuse claims for a careless or deliberate misrepresentation. This matters enormously for income protection, because a claim can be tested against answers given years earlier, and because underwriters assess anything that could cause future absence — not only serious diagnoses.

Alongside the statutes, the FCA’s conduct rules require insurers to give you the product information document and full wording before you buy, and to handle claims fairly and not reject them unreasonably — the rule the Ombudsman quotes when deciding income protection disputes. [3][6] The Consumer Duty sits above all of it: insurers and intermediaries must act to deliver good outcomes for retail customers, covering how products are designed, priced, explained and serviced. [4] You can check that any insurer, adviser or broker you deal with is authorised on the Financial Services Register. [2]

The four underwriting outcomes

Income protection underwriters look at anything that could cause future absence, so the net is wider than for life insurance: a managed back condition matters more here than a past serious illness that cannot recur. Every application lands on one of four outcomes. Standard terms: the condition is assessed as immaterial and the policy issues as quoted. An exclusion: cover is offered but claims arising from the named condition are not paid — read the exclusion wording closely, because “back disorders” is broader than “the disc condition treated in 2024”. A premium loading: full cover at a higher price, where the insurer prices the risk instead of removing it. A decline: the risk sits outside the insurer’s rules. The same history can land on different outcomes at different insurers, which is why written decisions against an identical application are the only honest comparison. The legal frame is CIDRA: take reasonable care answering what is asked, and an insurer cannot refuse a claim over an innocent and irrelevant answer — but careless or deliberate misrepresentation gives it proportionate remedies, up to voiding the policy. Keep a copy of every answer you give.

Request each insurer’s underwriting decision in writing against the same answers, compare exclusions word for word, and keep the application copy with the policy for the life of the contract. Whatever the specifics of income protection and pre-existing conditions, the discipline that protects you is always the same: get the insurer’s position in writing, keep the documents with the policy, and make sure the people who would help you claim know the policy exists and where the paperwork lives.

Related guides

Common questions

What outcomes can follow from declaring a pre-existing condition?
Every application lands on one of four outcomes: standard terms, where the condition is assessed as immaterial; an exclusion, where cover is offered but claims arising from the named condition are not paid; a premium loading, where full cover is offered at a higher price; or a decline, where the risk sits outside the insurer’s rules. The same medical history can produce different outcomes at different insurers, which is why requesting each insurer’s decision in writing against identical answers is the only reliable way to compare them.
Why does the exact wording of an exclusion matter so much?
An exclusion can be written far more broadly than the condition it is meant to address — for example, excluding “back disorders” generally rather than the specific disc condition that was treated. A broad exclusion removes cover for a wider range of future claims than the applicant may expect when accepting the offer. Reading the exclusion wording closely, rather than assuming it only covers the condition disclosed, is the way to understand what has actually been removed from the policy before you accept it.
What legal protection exists if an answer given at application turns out to be wrong?
The Consumer Insurance (Disclosure and Representations) Act 2012 sets the standard as taking reasonable care to answer accurately, not volunteering every possible detail unprompted.[5] An insurer cannot refuse a claim over an innocent and irrelevant answer, but a careless misrepresentation can lead to a claim being reduced in proportion, and a deliberate or reckless one can allow the insurer to void the policy altogether. Keeping a copy of every answer given at application is what allows that distinction to be checked later if a dispute arises.

Sources

  1. Financial Conduct Authority. About the FCA. Accessed 15 September 2026 (primary source)
  2. Financial Conduct Authority. The Financial Services Register. Continuously updated; accessed 15 September 2026 (primary source)
  3. Financial Conduct Authority. ICOBS: Insurance Conduct of Business (FCA Handbook). Accessed 15 September 2026 (primary source)
  4. Financial Conduct Authority. The Consumer Duty. Accessed 15 September 2026 (primary source)
  5. UK Parliament (legislation.gov.uk). Consumer Insurance (Disclosure and Representations) Act 2012. Enacted 8 March 2012 (primary source)
  6. Financial Ombudsman Service. Final decision DRN-4775950 (income protection claim declined — policy exclusion and deferred period). Accessed 15 September 2026 (primary source)