The High Court will today hear an application for judicial review from Lorraine Cox, who was diagnosed with motor neurone disease and was required to search for work for months after medically retiring because of her condition and had to undergo medical assessment for both Universal Credit (UC) and Personal Independence Payment (PIP).

Ms Cox, who is receiving support from Law Centre NI, argues that she was refused fast-track access to additional support due to the legal definition of a terminal illness, which requires people to prove they would ‘reasonably be expected’ to die within six months.

Owen McCloskey, legal officer at Law Centre NI, said: “The inclusion of the six-month criterion in the legal definition of a terminal illness has been described as cruel. It is restricting access to support for people at a very difficult time.

“The six month rule was introduced over 30 years ago and was intended to assist people in accessing special terminal illness rules, not restrict them. It is now hurting terminally ill people who have an illness that’s more difficult to accurately predict.”

He added: “The Westminster all-party parliamentary group for terminal illness described the six-month criterion as ‘unfit for purpose’ and called on the UK government to amend the legal definition of a terminal illness.

“Walter Rader, in his independent review of PIP in Northern Ireland, recommended that the clinical judgement of a medical practitioner should be sufficient to allow special rules to apply. We are now testing whether the application of the six-month criterion is in fact lawful.”