Lorraine Cox Case Study
Articles
Article 14: Non- discrimination*
Article 8: Right to Private and Family Life
Article 1 of Protocol 1: Right to Property/Possessions
Summary
Lorraine Cox used Article 14 in conjunction with Article 8 and Article 1 of Protocol 1 to successfully challenge her exclusion from Personal Independence Payment after being diagnosed with a terminal illness.
Details
In 2018, following a definitive diagnosis of motor neurone disease, a rapidly progressing and uncurable condition, Lorraine Cox made an application for Personal Independence Payment (PIP) which is a government benefit intended to assist those living with long-term health conditions.
Lorraine’s application for PIP was subsequently rejected as she was unable to demonstrate that her death in consequence of the disease could be expected within six months. This was a requirement under Article 87 of the Welfare Reform (NI) Order 2015 for PIP applicants making a claim based on having a terminal illness.
In July of 2020, represented and supported by Consortium members the Law Centre NI the PILS (Public Interest Litigation Support) Project, Lorraine successfully challenged this as incompatible with her Convention rights due to unreasonable discrimination between terminally ill individuals who can and cannot evidence the six-month criteria.
Outcome
The Northern Ireland High Court ruled that this breached Article 14 of the European Convention on Human Rights (in conjunction with Article 8 and Article 1 of Protocol 1), on the prohibition of discrimination, as this difference in treatment was “manifestly without reasonable justification”.
The High Court decision was appealed in 2021 by the Department for Communities and Department for Work and Pensions to the Court of Appeal, following an announcement by Communities Minister, Deirdre Hargey, that she will extend the terminal illness provision in social security benefits from six months to 12 months.
In 2022, because of this work by Lorraine, the Law Centre NI, PILS and the work of other activists from the ‘Scrap Six Months’ Campaign, the six-month rule was removed through the Social Security (Terminal Illness) Act.
Lorraine Cox sadly passed on 15th July 2022.
*Article 14 ECHR: prohibition of discrimination:
“The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
*Article 8:
1.Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 1 of Protocol No. 1 – Right to property
1. Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. 2. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.