My Blog

Charities may decide to join together to fight disability cuts

The Disability Alliance has given notice that it may seek judicial review of the Department for Work and Pensions (DWP) proposed cuts totaling some £2 billion to disabled people’s entitlements. Apparently, the judicial review application would be based on a legal argument that the proposed cuts breach the Equality Act, as the Government has failed to properly impact assess the effect of it’s cuts., said ministers had not properly assessed the negative impact of the benefit cuts.

According to the Disability Alliance the welfare reforms would disproportionately disadvantage over 500,000 disabled people and their families.

Worldwide disability update

The World Health Organization (WHO) and The World Bank have published some very interesting data about the difficulties and disadvantages faced by the estimated 1 billion disabled people with personal injury worldwide.

The report was  commissioned with a  view to promoting the UN Convention on the Rights of Persons with Disabilities which has been less than fully adopted, even by countries who could afford to do so.

Some interesting facts to come out of the report :-

• 15% of people worldwide are disabled, which means more than a billion people.
• disabled people worldwide are nearly 3 times more likely not to be able to obtain healthcare.

The report makes 9 major recommendations including :-

• for each country to draw up a national disability strategy
• disabled people should be involved in policy and laws affecting them
• adequate funding should be allocated for disabled services
• Steps to raise disability and public awareness

Disability discrimination on public transport

As if the lack of appropriate adjustments to public transport systems is not bad enough, it seems that insult is being added to injury in that many disabled people who manage to use the public transport system suffer abuse.

In a survey commissioned by scope, some pretty disturbing results were obtained, including :-

• Nearly 50% of people with disabilities advise that they have been abused by able bodied passengers
• 15% say they encounter serious abuse.

If you need more practical law assistance, click the link.

11^th May protest

As many readers will already know, a protest against the planned Government cuts and their effect on the disabled is planned for 11^th May 2011 in Westminster. Frustration and not least anxiety are increasing especially given that there have been not less than  5,500 responses to  the Department of Work & Pensions “consultation” regarding the cuts, but it appears to many that the consultation is simply political “lip service” .

Among the most controversial proposed cuts are :-

• Projections that in excess of  400,000 disabled people will have work support removed after an arbitrary period of 1 year. Statistics indicate that only 13% of disabled people were able to get work within a year even with support.
• A staggering  80,000 disabled people who are care home residents will have mobility support removed.
• Some 750,000 people will be affected by removal of the Disability Living Allowance (DLA) and replacing it with Personal Independence Payments which are projected to result in a  significant financial detriment to potentially around 200,000 disabled people of at least £80.00 per month
• Reduction in council funding will inevitably impact on basic but vital services for local disabled services. It seems that only about 20% of councils in England will be providing greater support by the end of this year over and above critical or substantial needs.
• Due to the cuts to Council funding, many councils have indicated that charges for disabled services will sharply increase

No wonder there will be a protest, but will it make any difference ….? For advice on disability rights or employment law, get in touch with solicitors.

Disability Discrimination & bankruptcy

In a fascinating and radical application of the diability discrimination rules, in a recent case a woman suffering from a chronic mental illness which manifested, among other ways, in her having  a phobia of opening mail, had her bankruptcy annulled by the High Court under the Disability Discrimination Act 1995.

The woman had ignored the commercial law requirement to complete tax returns sent to her by HMRC due to her illness and the HMRC had assesses her liability in the absence of the legally required returns. Where HMRC  were found to have not made the necessary “reasonable adjustments” under the Act was by virtue of the fact after sending a statutory demand to the woman, it seems her mother opened this and then wrote to them explaining why no returns had been submitted. The Revenue ignored this and proceeded with a bankruptcy petition.

For health and safety advice click the link, alternatively the following link helps with Human Rights law generally.

Housing benefit changes and disabled people

The implications of the stringent government cuts and the consequent impact on Housing Benefit are likely to effect disabled people very badly. Research indicates that over 100,000 disabled people living in specially adapted homes may have to In particular, the rules will impact on social homes with one unused bedroom which would lose up to 15% of housing benefit under the new rules, and up to 25% for two unoccupied bedrooms.

Surely the government should think again, not least because of the obvious, common sense due diligence point that if a disabled person living in adapted housing has to move, in many cases that person, if forced to move, will need to have their new property adapted in the same way at cost !

Coalition on charging publishes some disturbing data on disability related charges

As local authorities face significant reductions in central Government funding it seems that charges for essential disabled services by those councils are likely to skyrocket, creating huge difficulties and potentially a real problem in lack of affordable care for disabled people. The position in England is in stark contrast to that in Wales, where under devolved government there will be a charging cap of only £50.00 per user per week starting this month.

The study covered on 15 England councils found that:

• Disabled people using Derby City Council services face a 78% increase in hourly fees from £8.00 to £14.22 an hour;
• Some disabled people in Lincolnshire are facing a possible 98% rise in weekly payments (from £126 a week to £250);
• Half of all councils plan to increase maximum weekly payments – in Westminster this could result in some disabled people paying over £20,000 a year; and
• Councils potentially breaching obligations by failing to assess Disability Related Expenditure.
• Councils possibly breaching their legal obligations by failing to ‘meaningfully engage’ with the increases without adequate warning, fully assess Disability Related Expenditure, instead using ‘permitted’ amounts as low as £5 without knowing essential outgoings – eg for equipment, higher utility bills or transport costs

All in all, this is extremely worrying news. Yet again, it is those who are most at need in society who appear to be bearing the brunt of economic conditions largely caused by factors completely beyond their control or cause.

New paternity leave entitlements available for fathers of children born after 3^rd April 2011 and allowing them up to 6 months off work and to share the mother’s maternity leave and maternity pay if she returns to work early, will cause significant problems for British business according to a survey by the British Chamber of Commerce.

The survey involved 1,300 businesses and 52% of those businesses stated that they anticipated that the new laws would have a detrimental effect on their business.

It remains to be seen how the changes will impact business but what does seem clear is that there will be a lot of administrative work and extra planning required by business at a time when matters are generally already difficult.

DISABILITY FACTS & EMPLOYMENT

3 quick and useful facts ….

• 1 in 5 people of working age are disabled
• 48% of disabled people are unemployed
• Reasonable adjustments, accessible application processes and alternative assessments in recruitment  are  legal requirements under the Equality Act

If you are disabled and have an unfair dismissal case, click the link for expert help and advice.