Mortgage Protection Insurance in Ireland: The Right to Be Forgotten Explained

Recovering from cancer is a life-changing milestone, and for survivors, it marks new beginnings, change, and new possibilities. Yet for survivors navigating the homebuyers’ market, getting approval for mortgage protection insurance in Ireland proved to be yet another hurdle to struggle over.

A recent adjustment to the Right to Be Forgotten legislation aimed to change that. Effective from 15 October 2026, insurers are legally required to disregard previous cancer diagnoses when reviewing eligible mortgage protection applications.

What Is the ‘Right to Be Forgotten’ for Cancer Survivors?

The Right to Be Forgotten started as a campaign launched by the Irish Cancer Society in 2021. The callout was focused on addressing the red tape around fair access to financial products for cancer survivors who’d completed treatment.

Essentially, the core message was that a previous cancer diagnosis should not continue to affect a survivor’s ability to secure insurance years after recovery.

The campaign was a collaborative effort between cancer survivors and researchers, including Queen’s University Belfast’s Professor Mark Lawler, with research commissioned by the ICS showing that 3 in 5 with a previous diagnosis found it difficult to secure approval for financial products, or were subjected to higher premiums and additional paperwork. 

The ripple effects helped drive some efforts, including a 2022 proposal co-signed by Senators Catherine Ardagh, Jerry Buttimer, and Paul Gavan, and while the proposal didn’t progress, it resulted in the introduction of a voluntary insurance industry Code of Practice in December 2023.

How Did the Right to Be Forgotten Become Law?

These goals were eventually written into law with the Insurance Act 2026, first introduced by Senator Catherine Ardagh and later developed by the Government.

Signed into law on 15 July 2026, with key provisions coming into effect on 15 October 2026, the Act creates a legally enforceable Right to Disregard.

Despite the campaign’s popular name, the law does not actually erase medical history or fall under GDPR erasure rules. Instead, it requires insurers to ignore a qualifying cancer diagnosis when evaluating mortgage protection applications.

This marks a crucial shift from voluntary industry guidelines to binding legal protections for cancer survivors.

Read more about the Irish Cancer Society’s Right to Be Forgotten campaign and how the legislation progressed through the Houses of the Oireachtas.

Who Qualifies for the Right to Be Forgotten?

If you’ve recovered from cancer and you’re planning to buy a home, you can now get mortgage protection insurance in Ireland, without your past diagnosis getting in the way.

However, the protection isn’t automatic. To qualify under the new law, you must meet four key conditions:

1. 5 Years post-treatment: Your active cancer treatment (like chemotherapy, radiotherapy, or surgery) ended at least five years ago.
2. 5 Years in remission: You’ve been in complete remission for at least five years, which an oncologist can confirm.
3. Principal private residence: The mortgage is for your main home and doesn’t cover holiday homes or buy-to-let properties.
4. Cover limit of €650,000: The law protects the first €650,000 of cover. Anything above that limit is subject to normal insurance rules.

What If You Need More Than €650,000 of Cover?

You can still benefit. The law protects the first €650,000 of cover, and only the amount above that is assessed under normal underwriting. For example, if you need €750,000 of cover, your cancer history must be disregarded for the first €650,000, but the insurer can consider it for the remaining €100,000.

The €650,000 limit isn’t fixed forever. The Minister for Finance must review it at least every five years, taking account of the latest house price data from the Central Statistics Office.

Does It Cover Life Insurance or Serious Illness Cover?

No. The law applies to mortgage protection only. If you apply for standalone life insurance, serious illness cover, or income protection, your cancer history can still form part of the insurer’s assessment.

If you’re thinking of adding serious illness cover to your mortgage protection policy, ask your broker how insurers are treating the add-on, as the cancer disregard is designed around the life cover element.

Do You Have to Declare Cancer for Mortgage Protection Insurance in Ireland?

The Right to Be Forgotten doesn’t mean your cancer history is hidden from the insurer. It means that if you qualify, the insurer must disregard it when deciding on your application.

So you should still answer every question on your application honestly. Under the Consumer Insurance Contracts Act 2019, you only need to answer the specific questions you’re asked, but you must answer them honestly and with reasonable care. Giving incorrect information could put your cover at risk later, even if your cancer would have been disregarded.

The new law also allows insurers to ask you for information that is reasonably necessary to assess your application. In practice, this is how an insurer confirms that you meet the conditions for the disregard.

What Documents Will the Insurer Ask For?

If an insurer needs to confirm that you qualify, they’ll usually ask for:

• The date you were officially diagnosed
• The date your active treatment ended
• Written proof from an oncologist showing you’ve been in complete remission for at least five years before applying

They’ll let you know in writing exactly what they need, the format they want it in, and the deadline.

Can an Insurer Still Refuse Mortgage Protection After Cancer?

Yes, they can. The Right to Be Forgotten means your cancer history has to be set aside, but it doesn’t automatically guarantee your application will be accepted.

An insurer can still look at other medical conditions unrelated to cancer, along with standard factors like your age, whether you smoke, and how much cover you need. And if you don’t meet all four conditions for the disregard, your cancer history can still be factored into their decision.

What’s really changed here is transparency. If an insurer turns you down, they’re legally required to give you the reasons in writing. Make sure to hang onto that letter; it lays out exactly why you were refused and makes it much easier for your broker to figure out your next best move.

If you ever feel an insurer hasn’t followed the law properly, you can raise a complaint directly with them first. If you aren’t happy with how they handle it, you can take things further with the Financial Services and Pensions Ombudsman.

Can Your Lender Waive Mortgage Protection?

In some cases, yes. Under Section 126 of the Consumer Credit Act 1995, a lender doesn’t have to insist on mortgage protection if you’re unable to get cover, or if it’s only available at a rate much higher than what most people pay.

That said, a waiver isn’t automatic. Every lender handles this on a case-by-case basis and can still insist on cover as a condition for approving your loan. In fact, estimates shared by the Department of Finance suggest that roughly 2% of annual mortgage approvals involve a waiver.

Can You Switch Mortgage Protection Under the New Rules?

If you set up mortgage protection after recovering from cancer and ended up paying higher premiums because of your medical background, these new rules give you a great reason to review your policy.

If you now meet all four conditions under the law, you can apply for a new policy without your past diagnosis impacting the decision. However, the law doesn’t automatically reduce rates on existing contracts; you need to apply for a replacement policy to secure a new quote.

Before making any changes, compare your current policy against any new quotes while taking your age, remaining mortgage balance, and policy terms into account. Most importantly, don’t cancel your existing policy until your replacement cover is fully approved and in place.

If you’re planning to switch mortgage providers, reviewing your protection policy at the same time ensures you aren’t paying more than you need to under the new rules.

How Can an Irish Mortgage Broker Help? 

Getting mortgage protection insurance in Ireland shouldn’t add to the stress of buying a home. Here is how Irish Mortgage Brokers can assist with your application:

• Eligibility checks: We review your medical history against the legal criteria, so you know where you stand before applying.
• Paperwork management: We collect and submit the required documentation, including oncologist letters and treatment timelines.
• Insurer & lender liaison: We deal directly with underwriters and mortgage providers on your behalf to keep your policy application moving forward.