Disabilty Law - A Reminder

All about benefits and allowances that may be available to people with disabilities including resources for Disability Living Allowance (DLA). This is a READ ONLY section of the site. If you have any useful links you think should be in this section, contact us and let us know.

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This section of the forum is provided as a resource for information regarding many aspects of illness, disability, and health issues, as well as advice services, benefits information, and other aspects of life that having IIH and disability can impact upon.

Many of the links and organisations listed in this section of the forum refer to "disability". Not everyone who has IIH will be classified as disabled - under the DDA (Disability Discrimination Act) a disabled person is defined as "someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities". Equally, some people who do meet the DDA's definition of disability may not be comfortable with being described as disabled. We use the word "disability" here, except where the word disability has a specific meaning, such as in relation to the DDA, as a shorthand for "disabilities and long term health conditions" - it's a lot quicker to type 'disability' or 'disablities' rather than "disabilities and long term health conditions" every time!

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iih
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Disabilty Law - A Reminder

Post by iih » Fri Feb 24, 2017 11:28 am

Here is a reminder about what the Equality Act 2010 says about disability:

There is no need for a person to have a medically diagnosed cause for their impairment; what matters is the effect of the impairment not the cause.

In relation to physical impairment:

Conditions that affect the body such as arthritis, hearing or sight impairment (unless this is correctable by glasses or contact lenses), diabetes, asthma, epilepsy, conditions such as HIV infection, cancer and multiple sclerosis, as well as loss of limbs or the use of limbs are covered.

HIV infection, cancer and multiple sclerosis are covered from the point of diagnosis.

Severe disfigurement (such as scarring) is covered even if it has no physical impact on the person with the disfigurement, provided the long-term requirement is met (see below).

People who are registered as blind or partially sighted, or who are certified as being blind or partially sighted by a consultant ophthalmologist, are automatically treated as disabled under the Act.

Mental impairment includes conditions such as dyslexia and autism as well as learning disabilities such as Down’s syndrome and mental health conditions such as depression and schizophrenia.

The other tests to apply to decide if someone has the protected characteristic of disability are:

The length the effect of the condition has lasted or will continue: it must be long term. ‘Long term’ means that an impairment is likely to last for the rest of the person’s life, or has lasted at least 12 months or where the total period for which it lasts is likely to be at least 12 months. If the person no longer has the condition but it is likely to recur they will be considered to be a disabled person.

Whether the effect of the impairment is to make it more difficult and/or time-consuming for a person to carry out an activity compared to someone who does not have the impairment, and this causes more than minor or trivial inconvenience.

If the activities that are made more difficult are ‘normal day-to-day activities’ at work or at home.

Whether the condition has this impact without taking into account the effect of any medication the person is taking or any aids or assistance or adaptations they have, like a wheelchair, walking stick, assistance dog or special software on their computer. The exception to this is the wearing of glasses or contact lenses where it is the effect while the person is wearing the glasses or contact lenses, which is taken into account.

For example:

Someone who has ADHD might be considered to have a disability even if their medication controls their condition so well that they rarely experience any symptoms, if without the medication the ADHD would have long-term adverse effects.

Progressive conditions and those with fluctuating or recurring effects are included, such as depression, provided they meet the test of having a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

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