Successful High Court challenge on terminal illness definition in NI
Comment published
Marie Curie has warmly welcomed a successful High Court challenge to the legal definition of terminal illness in Northern Ireland benefits law.
The current definition states that a dying person can only apply for fast-track access to welfare benefits like Personal Independence Payments (PIP) and Employment and Support Allowance (ESA) if they have a life expectancy of six months or less (known as the six month rule).
The High Court in Northern Ireland has deemed that the different treatment of terminally ill people who do not meet the six month life expectancy criterion is discriminatory.
Simon Jones, Marie Curie Director of Policy & Public Affairs said:
“Today’s ruling is a landmark moment for dying people in Northern Ireland. Scotland’s Government had already scrapped the arbitrary six-month rule. Now Westminster needs to play catch up and follow suit.
“A year ago this week the Department for Work and Pensions launched a UK-wide review into how the benefits system supports terminally ill people. We have engaged fully with this review but it remains unpublished.
“It cannot be right that there is a two-tier system of welfare support for dying people across the UK. The UK Government has said it will publish its review ‘soon’ and we hope today’s ruling helps make it clear to them that change is needed now.”