Discrimination and proving disability

Slonvinton
Slonvinton Online Community Member Posts: 70 Empowering
edited March 31 in Current affairs

Im wondering if the definition of disabled is going to morph into something new with these changes to PIP. At present it involves proving you are substaintially affected in daily life.
https://www.gov.uk/definition-of-disability-under-equality-act-2010

At present if you go to court over disability discrimination you have to prove your disability as part of your case. At present this is most easily done via PIP, LCWRA etc.

With the 4 point rule coming in we have to assume many of us will no longer get these benefits. Instead we will be expected to look for work. We may need reasonable adjustments, but if those are denied are we going to have difficulty proving we are disabled in court?

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Comments

  • Martinp
    Martinp Online Community Member Posts: 114 Empowering

    This is what I can’t get my head around, what if I get the enhanced mobility rate, can hardly walk, clearly look disabled but not disabled enough for 4 points in daily living despite scoring more than 12 points. Will there be a underclass of disabled with no rights, forced to live a life of destitution through no fault of their own. I can’t even begin to explain how someone with Mental Health disabilities will be able to convince a court they are disabled if they have their pip removed. So very unfair and utterly stupid the way this government as gone about this.

  • Slonvinton
    Slonvinton Online Community Member Posts: 70 Empowering
    https://forum.scope.org.uk/discussion/comment/1010209#Comment_1010209

    Yes it seems possible that they (DWP, employers and courts) will just gaslight us by saying we dont have any issues that prevent us working.

  • Yadnad
    Yadnad Posts: 2,875 Championing
    https://forum.scope.org.uk/discussion/comment/1010209#Comment_1010209

    Like you I scored 14 points in the PIP care section but no 4 pointer - all 2's.

    I can fully understand why something has to be done to get people off benefits - the country cannot afford the ever increasing costs.

    All of this is linked into getting people off benefits and into work.

    Where does this fit with those who are 75+ and will lose PIP because they have no 4 pointer element? Is it being suggested that they should get back into work?

  • Girl_No1
    Girl_No1 Online Community Member Posts: 278 Empowering

    I have a sneaking suspicion they will begin to tie the definition of disability to age, by comparing the claimants' condition/s to age-relevant peers.

    As an example, someone in their 20s-early60s with, say, arthritis or memory impairment, will be less able to complete tasks their healthy peers can do easily.

    For those of pension age with, say, arthritis/memory impairment, it is acknowledged they have limitations and are eligible for AA. However, they are not eligible for any mobility element as it is expected the majority of their peers will also experience reduced mobility as they age.

    I can see them moving towards PIP being a child/working age benefit only, with a fast-track application to AA once a recipient reaches pension age.

    I know none of this is explicit in the Green Paper, but I expect this is how it will play out in practice.

    I imagine they will have covered themselves in relation to age discrimination as it is currently discriminatory towards those who develop, say, arthritis/memory impairment, post retirement and they get away with that.

  • Yadnad
    Yadnad Posts: 2,875 Championing
    https://forum.scope.org.uk/discussion/comment/1017575#Comment_1017575

    Maybe but what about those that receive enhanced mobility PIP before pension age? Should they be moved onto AA which has no mobility element?

  • Girl_No1
    Girl_No1 Online Community Member Posts: 278 Empowering

    Yes, I believe we should.

  • Yadnad
    Yadnad Posts: 2,875 Championing

    Taken from an article in the Daily Express

    "Baby boomers are being urged to shelve dreams of long, leisurely retirements as the International Monetary Fund has declared that "70s are the new 50s".

    In a report that will raise eyebrows-and blood pressure-the IMF said pensioners are now so fit, sprightly and sharp that they should stay in work well beyond traditional retirement age.

    The IMF claims that thanks to modern medicine, better lifestyles and improved education, today's 70-year-olds enjoy the same cognitive abilities as 50-somethings did just two decades ago.

    And it's not just brainpower-tests on muscle strength and lung capacity suggest pensioners are physically younger too.

    According to sweeping data collected from 41 countries, including millions of health assessments, the average 70-year-old in 2022 had the brawn and brains of someone 15 to 20 years their junior in 2000."

    You may well be right in not being able to retire before 80!

  • Ranald
    Ranald Online Community Member Posts: 983 Championing
    https://forum.scope.org.uk/discussion/comment/1018326#Comment_1018326

    That must be the 'sunlit uplands' that boozo banged on about.

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