Legislation to extend NI’s ‘six-month rule’ for terminally ill benefit claimants

Legislation to extend NI's 'six-month rule' for terminally ill benefit claimants

The Northern Ireland Executive has agreed to introduce legislation to extend the so-called “six-month rule” for terminally ill people accessing certain benefits.

The High Court ruled last summer that the requirement for terminally ill claimants to demonstrate that their death can reasonably be expected within six months is “manifestly without reasonable foundation”, but the judgment was overturned by the Court of Appeal in August.

The case was brought by Lorraine Cox, who was denied fast-tracked disability benefits because it was not clear how long she would survive, with the support of Law Centre NI.

The Executive has now agreed to introduce legislation to extend the current six-month criterion to 12 months.

Communities minister Deirdre Hargey said she has sought accelerated passage of the legislation to ensure that the changes can be made in the current mandate.

“I am committed to ensuring that those who find themselves in the most devastating of circumstances do not face any additional stress or anxiety in accessing financial support,” Mrs Hargey said.

“This change will mean more people will gain access through the fast track process. I will be keeping these provisions under review and considering further options for reform in the future.”

She added: “This reform is a priority for my Department. Although timescales are challenging, I am doing everything I can to make sure these changes are made as soon as possible.”

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