A Derrylin woman, who was diagnosed with Motor Neurone Disease, who launched a legal bid over the definition of a terminal illness after being refused disability benefits, has been successful in her challenge at the High Court.

In an article on their website, The Law Centre NI, who assisted Lorraine Cox said “in a decision handed down by Mr. Justice McAlinden, the difference in treatment for terminally ill claimants who cannot reasonably meet the six month criterion was deemed to be discriminatory”.

Miss Cox, who was diagnosed with the terminal illness of motor neurone disease, took the challenge forward after being refused access to special rules for terminal illness because she could not demonstrate her death was reasonably expected within six months. Lorraine was assisted by Law Centre NI, with support from The PILS Project. The special rules for terminal illness allow terminally ill claimants fast tracked access to benefits without the need for additional assessment and conditionality.

In his decision, Mr Justice McAlinden states that:

“I have carefully analysed all the evidence put forward by the respondents in order to evaluate their arguments in relation to justification and I can find nothing to justify or indeed explain why those individuals who have a terminal diagnosis but are not expected to die within six months and those individuals with a terminal diagnosis and who are reasonably expected to die within six months but who survive beyond that six month period are treated differently…

“This difference in treatment is manifestly without reasonable justification and is, therefore, in breach of Article 14 ECHR in conjunction with Article 8 and Article 1 of Protocol 1.”

Miss Cox said: “I have been clear from the outset in taking this challenge forward that what I and others have had to go through is unfair. At a time when I should have been focusing on spending the remainder of my life with my family and friends, I have instead had to go through this ordeal.

“I feel my decision has been justified and I hope not a single person has to go through the same experience again. I hope the six month rule can now be scrapped as quickly as possible to ensure that is the case.”