The Equality Act 2010.

The DDA has been largely replaced by the Equality Act 2010, of which the website says:-

The Equality Act 2010 aims to protect disabled people and prevent disability discrimination. It provides legal rights for disabled people in the areas of:

• employment
• education
• access to goods, services and facilities including larger private clubs and land based transport services
• buying and renting land or property
• functions of public bodies, for example the issuing of licences

The Equality Act also provides rights for people not to be directly discriminated against or harassed because they have an association with a disabled person. This can apply to a carer or parent of a disabled person. In addition, people must not be directly discriminated against or harassed because they are wrongly perceived to be disabled.

I refer you to the last sentence (bold). What the hell is that about? How many able-bodied people are wrongly seen as disabled? Have they omitted a rather vital “not” from that (after perceived)?

And note that it doesn’t protect us against having our lives trashed by HM Government.

The definition of “disabled:-

• they have a physical or mental impairment
• the impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities

Substantial is defined as:-

“substantial’ means more than minor or trivial.” Well, nothing like stating the bleedin’ obvious, I suppose, but this worries me:-

‘long-term’ means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions) (my bold)

So, then, where, exactly, does that leave people with ME/CFS, which can fluctuate wildly, while also being progressive in many cases?

would advise anyone with a fluctuating illness to download a copy of this document and refer to pages 17 to 20. Enjoy

In fact, anybody who, or who has a disabled family member, should download it, too, and refer particularly to page 27 onwards, where you will find a “List of capacities, with examples of normal day-to-day activities.” Important as I suspect any benefits revisions will take these definitions into consideration.

Oh, and don’t expect clarity, because you won’t find it.

Advertisement