Victory for Scrap six months campaign in Northern Ireland
Comment published
In a Written Statement to the NI Assembly today (30 June 2021), Minister for Communities Deirdre Hargey MLA announced that she will reform the Special Rules for Terminal Illness in social security law in Northern Ireland. The six month life expectancy criteria which determined eligibility for Special Rules claims will be extended to 12 months, ensuring many more terminally ill people can access the benefits they need without long delays, distressing assessments and extensive paperwork.
Craig Harrison, Policy and Public Affairs Manager for Marie Curie Northern Ireland, said:
We warmly welcome this decision by the Minister, which will help ensure many more terminally ill people get the welfare support they need, when they need it. This will change the lives of countless dying people in Northern Ireland for the better.
The legislation required to deliver this must be passed as quickly as possible and the changes monitored to ensure they are working as well as they can.
Read more about the Scrap six months campaign
Notes to editor
- People living with terminal illnesses can apply for fast-track access to Personal Independence Payments, Universal Credit, Employment and Support Allowance and Attendance Allowance under the Special Rules for Terminal Illness (SRTI). The current legal definition of terminal illness used to determine eligibility for a Special Rules claim is: "a progressive disease and death in consequence of that disease can reasonably be expected within six months."
- Those claiming under the Special Rules do not have to take part in face-to-face assessments, fill in as many application forms or attend sessions with job coaches. They will automatically qualify for the higher rate of benefit payment and will face much shorter waiting times.
- Marie Curie has campaigned for the six month life expectancy criterion to be scrapped as it results in many dying people with unpredictable conditions being excluded from making Special Rules benefit claims. Many terminal illnesses have an uncertain trajectory, so it is difficult for medical professionals to give them a definitive life expectancy of six months or less.
- In July 2020, Belfast High Court ruled that the difference in treatment for terminally ill welfare claimants who cannot reasonably meet the six month life expectancy criteria under the Special Rules is discriminatory. Mr Justice McAlinden described the difference in treatment as "manifestly without reasonable foundation." See: https://www.bbc.co.uk/news/uk-northern-ireland-53335079
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