The Court of Appeal in the North has overruled a decision made last year by the High Court, which found that differential treatment of social-security benefit claimants with a terminal illness was unlawful.

Lorraine Cox, who is terminally ill, had brought proceedings against the Department for Communities, arguing that the rules breached her right to freedom from discrimination under Article 14 of the ECHR.

In July last year, she won her case in the High Court, which ruled that she had suffered a breach of her human rights by being denied fast-tracked disability benefits because it was not clear how long she would survive. 

Breach

The court found that the difference in treatment – between the respondent, and individuals who had a terminal diagnosis, who were reasonably expected to die within six months, but who survived beyond that point – was not justified, and constituted a breach of Article 14.

The High Court decision was appealed by the Department for Communities and the Department for Work and Pensions to the Court of Appeal.

The Court of Appeal this week allowed the appeal, in a challenge against legislation that allows certain people with a terminal illness to receive welfare benefits without undergoing a full assessment.

The Court of Appeal found that there had been a review of the rules by politicians, and that it was not appropriate for the court to intervene with the definition of the special rules on terminal illness.

Lord Chief Justice, Sir Declan Morgan, said the matter was “for the political process and not for the courts”.

Weight

He added: “This is an area where considerable weight should be given to the views of the primary decision-maker.”

Communities Minister Deirdre Hargey recently announced that she would extend the terminal-illness provision in social-security benefits from six months to 12 months. 

The minister has also committed to a review of the definition of terminal illness.

Determination

The NI Law Centre praised the courage and determination of its client Lorraine Cox.

Owen McCloskey of Law Centre NI said: “Lorraine and Law Centre NI welcome the proposed change in legislation announced by the minister recently and we would now like to see this legislation passed as quickly as possible”

Despite her motor-neurone-disease diagnosis, Cox was required to search for work for months after medically retiring, and had to undergo medical assessment for both Universal Credit (UC) and Personal Independence Payment (PIP).  

Cox said at the time:  “I wouldn’t wish it on anyone. I believe the system has failed me, and the approach to dealing with people who have a terminal illness needs to be urgently addressed. I have accepted my path in life now, but please don’t put anyone else through it.”