Classed As Disabled Or Not??

Goldfinger09

Posting this on behalf of the better half.


She's had Crohns disease for nearly 16 years now, and only just started receiving PIP at the higher rate - only because she was 'ordered' to apply for it after talking on the Crohns FB page and with friends she knows who also have it that she's living with a 'chronic / debilitating disease' and she needs 'help'.


She thought she was NOT entitled to anything as she's in full time employment etc, but hey hoe - live and learn.


So, we'd like to know, is she classed as disabled or not?


A bizarre question it sounds like, but we'd also like to know if we're entitled to anything else that we may have missed out on if she is listed as disabled??

rogerblack

'Classed as disabled' is basically a myth.

There are different criteria for different things, from the Equality Act 'life made significantly more difficult for an extended period' to Scottish Blue Badge 'unable to walk'.

If she's claiming PIP already - assuming it's high-rate care, and not mobility - there is little else directly she can claim.
Access to work may help if she has work-related costs that could be helped with.
She cannot backdate claims for PIP further to the period she was entitled.

[Deleted User]

Actually there is a very clear and legal definition of disability and it has nothing to do with PIP or blue badges.

Not all disabilities would meet it. Some would for one person not for another depending on how it effected them. Some automatically do as its within the Law or case Law has already decided they do...........

https://www.gov.uk/definition-of-disability-under-equality-act-2010

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

What ‘substantial’ and ‘long-term’ mean

• ‘substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed
• ‘long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection

There are special rules about recurring or fluctuating conditions, for example, arthritis. For more details about the special rules download the ‘Equality Act Guidance’.


Progressive conditions

A progressive condition is a condition that gets worse over time. People with progressive conditions can be classed as disabled.
However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis.
What isn’t counted as a disability

Some conditions aren’t covered by the disability definition. These include addiction to non–prescribed drugs or alcohol. To find out about the conditions which aren’t covered, download the ‘Equality Act Guidance’.

rogerblack

_shel wrote: »

Actually there is a very clear and legal definition of disability and it has nothing to do with PIP or blue badges.

No, there isn't.
I mentioned the equality act - this does not apply to everything.
It only applies if you have specific problems with a service.
You are not disabled at all under the equalities act - if you have no problems accessing a service.
Even if you have no arms or legs.

There are differing definitions of disability or inability for ESA, PIP, blue badge, blue badge in Scotland, Incapacity Benefit, housing benefit, carers allowance, tax credits, JSA, elegibility for free prescriptions, NHS continuing care, Social services, Police, access to work, ...

Some of these are interrelated, and others stand alone.
Very few use exactly the same tests in all conditions.
No one 'register' or test 'classes you as disabled' for everything.
Eligibility for the highest rates of both components for PIP or DLA probably comes closest.