Diagnostic services as ‘treatment’ under Article 18 of the Social Security Co-ordination Protocol (EU-UK)? – Court of Appeal in Northern Ireland ([2024] NICA 53)

Research output: Contribution to journal › Case report › Contributed › peer-review

Contributors

Abstract

This case contains the first binding decision by a UK Court of Appeal — here, the Northern Ireland Court of Appeal — on a claim for authorisation of treatment abroad under the EU–UK Social Security Co-ordination Protocol (SSC). While dismissing the appeal due to the subsequent loss of legal interest as 'academic' under the Salem principle, the Court of Appeal provided a detailed obiter dictum on the interpretation of Article 18 SSC. The judgment addresses not only the substantive question of whether diagnostic services are covered by the term ‘treatment’ in Article 18 SSC, but also the procedural question of the extent to which UK courts may rely on ECJ case law when interpreting the Protocol after Brexit.

Details

Original languageEnglish
Pages (from-to)68-72
Number of pages5
JournalEuropean Journal of Social Security (EJSS)
Volume28
Issue number1
Publication statusPublished - Mar 2026
Peer-reviewedYes

External IDs

ORCID /0000-0001-5051-8236/work/209584039
Scopus 105032791764

Keywords

Keywords

  • treatment, diagnostic services, SSC, EU–UK Social Security Co-ordination Protocol, Social Security Coordination, UK, Brexit, EU–UK Withdrawal Agreement, UK European Union (Withdrawal) Act 2018, Court of Appeal in Northern Ireland