Rights Of Disabled People

Doreen Jarrett

Description

The rights of disabled people have been affected considerably in recent times, particularly in the area of welfare benefits and subsequent financial security. A Straightforward Guide to the Rights of Disabled people is a comprehensive overview of the law and practice as it affects people with all types of disability and includes the rights of Disabled Children. The reader will gain a clear insight into welfare benefits, independent living, employment law, transport and a whole host of other rights. COVID-19 is also discussed.

Informations

• Publié par: Straightforward Publishing
• Date de parution: 04 mai 2021
• Nombre de lectures: 0
• EAN13: 9781802360127
• Langue: English

Extrait

A STRAIGHTFORWARD GUIDE TO THE RIGHTS OF DISABLED PEOPLE
Doreen Jarrett
Editor: Roger Sproston
Straightforward Publishing www.straightfowardco.co.uk
Straightforward Guides
Straightforward Company Ltd 2021
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holders.
ISBN 978-1-913776-10-7 ePUB ISBN: 978-1-80236-012-7 Kindle ISBN: 978-1-80236-019-6
Printed by 4Edge Ltd www.4Edge.co.uk
Cover design by BW Studio Derby
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to press, the author and publisher can take no responsibility for any errors and omissions contained within.
Contents
Introduction
Ch.1 The Law and Disability
The Equality Act 2010
Definition of impairment
Definition of long-term effects
Definition of day-to-day activities
Specialised activities
Disabled children
Ch.2 The Benefit System-Entitlements
Attendance Allowance
Personal Independence Payments
Carers allowance
Housing Costs
Pension credit
Income Support
Job seekers allowance
Employment and Support allowance
Universal Credit-How it Works
Working Tax credit
Winter fuel payment
Cold weather payment
TV licence concessions
Bereavement benefits
Financial help if Spouse/civil partner was in armed forces
Ch.3 Criminal Injuries Compensation Scheme
Paid representation and other help
Payments available from the Scheme
The Hardship Fund
Applying for a payment
Applying on behalf of children
Applying on behalf of an adult who cannot apply themselves
If you are injured outside Great Britain
Ch.4 Carers and Help For Carers
What is a carer?
The Care Act 2014
Eligibility for care and support services
Before the assessment
Parent carer assessments
Hospital discharge and NHS continuing care
Ch.5 Options for Care-Paying for Care Homes
Options for care before choosing a care home
Personal care or nursing care?
Care homes for adults aged 18 to 65
Residential care for children and adolescents
The choice of care home to suit your needs
The Care Act 2014
How the care is paid for
Other benefits available
Considerations when deciding a move to a care home
Rights of care home residents
Care home closures
Ch.6 Whilst You are In Hospital
Information for disabled people going into hospital
Benefits Whilst in Hospital
Consent to treatment
Leaving Hospital
Ch.7 Disabled Children and Maternity/Paternity Rights
Right to maternity leave
Statutory Maternity Leave
Statutory Maternity Pay (SMP)
Early births or you lose your baby
Proof you re pregnant
Maternity benefits
Company maternity schemes
Extra leave
Parental leave
Dealing with emergencies
Paternity leave and pay
Adoptions and Surrogacy Arrangements
Receiving paternity pay
Statutory Paternity Pay
Contractual Paternity Pay
Shared Parental Leave
Annual leave
Unpaid time off
Attending Antenatal or Adoption Appointments
Agency Workers and paternity rights
Employment rights during paternity leave
Shared parental leave and pay
Who can apply for Shared Parental Leave?
Shared Parental Pay
How to apply for leave and pay
Handling an application for SPL
New entitlement to Parental Bereavement Leave and Pay
Adoption leave and pay
Other benefits available if your child is disabled
Family Fund
Ch.8 Disabled People Employment/work based rights
Entering employment
Role of Jobcentre Plus and Disability Employment Advisors
Community Work Placement Programme
Work Choice
Access to Work
How much support can you receive?
Training
When you are in work
Disability and employers responsibilities
Reasonable adjustments in the workplace
Recruitment
Redundancy and retirement
Claiming benefits as a result of a work related disability
Industrial Injury Disablement Benefits (IIDB)
Eligibility
Other benefits you may get
Effect of IIDB on other benefits you are receiving
Ch.9 Disabled people and Education
Education generally
Reasonable adjustments
Special Educational Needs (SEN)
Higher education
Children with special educational needs (SEN)
Special educational needs support
Children under 5
Children between 5 and 15
Young people aged 16 or over in further education
Independent support for children of all ages
Creating an EHC plan
Disagreeing with a decision
Personal budgets
If your child got support before September 2014
Early Years Action and School Action
Early Years Action Plus and School Action Plus
Assessments
Statement
Further education
Disabled people and financing studies
Students and means tested benefits
Ch.10 Disabled People and Housing Rights
Introduction
Private renting in England
What is affordable housing or intermediate market rent ?
Can you rent specialist housing for older people privately?
The lettings process
Pre-tenancy checks
Payments at the start of the tenancy
How to rent guide
Rights and responsibilities as a tenant
Making adaptations to a property
Dealing with problems in your tenancy
Eviction by your landlord
Getting your deposit back when you move out
Making complaints
Social Housing
Who can apply for social housing?
How to get a (new) property
Your rights as a disabled person
Adapting a Home
Funding and access
What is occupational therapy ?
Disabled people and buying a home
Getting a mortgage if you re in receipt of sickness benefits or disability benefits
Benefit related income that may be considered by potential lending partners
Help with mortgage interest payments
Solicitors
Ch.11 Disabled People and Travel
The Equality Act 2010
Ease of use of public transport
Wheelchair priority
Boarding or alighting
Complaining about the bus service
Rights of disabled passengers using trains
Before travel
On the train
Complaining about a train company
Disabled people and air travel
Reserving seats
At the airport
Complaining about an airline
Rights of disabled air travellers - on the plane
Help on the plane
Disabled people and Taxi travel
Ease of use
Complaining about taxis and minicabs
Disabled people and cruise ships
The Blue Badge Scheme
Motability Scheme
Use of public transport
Travel permits
Community transport schemes
Chapter 12. Holidays/Breaks Disabled Children/Families
Respite breaks or short term breaks
Family Based Respite Care
Residential Respite Care
Play schemes and After School Clubs
Respite Care or Short-term Breaks in Your Home
Holidays
Ch.13 Disability and the Armed Forces
War Disablement pension
Armed Forces Compensation Scheme (AFCS)
The Service Personnel and Veterans Agency (SPVA)
Veterans UK
Veterans Welfare Service
NHS treatment
Equipment for mobility
General addresses for help and support
Ch.14 Useful Contacts
General addresses and websites

Index
Introduction
This is the Revised edition of A Straightforward Guide to The Rights of Disabled people, updated to 2021. The book is aimed primarily at people with physical disabilities and is wide ranging, dealing with everything from benefits, employment travel, rights in the home and disabled servicemen and women.
Currently, at the time of writing, 2021, as has been the case for several years now, there are real ongoing fears that the benefits and security enjoyed by people with disabilities are under attack, mainly through the governments approach to reducing the overall welfare bill. It is feared that the introduction of benefits such as Personal Independence Payments, which replaced Disability Living Allowance for those under 65 and also the abolition of the Independent Living Fund, will in the longer-term have an effect on disabled people and their incomes. This is because, in the main, disabled people find it harder to enter the workplace and sustain employment that others. In addition, there are now the problems caused by the pandemic and COVID 19, which are covered below.
This book covers the benefit system in it's entirety and highlights what you may or may not be entitled to. It also covers carer's rights and the law governing those rights, the Care Act 2014. Form thereon we discuss employment law as it affects disabled people, education, care homes, rights whilst in hospital,, rights in the home, disabled children,, rights whilst travelling, rights for ex-service personnel and general rights covering the payment of income tax.
Finally, at the end of the book there are useful addresses and websites of organisations who deal with all areas of disability. It should be noted that much of the information contained in the book relates to England and Wales. For information specific to Scotland visit www.disabilityscot.org.uk and Northern Ireland www.nidirect.gov.uk/.../your-rights-if-you-have-disability .
This book sets out to educate and inform those with physical disabilities, their carer's and also parents of disabled people, whether adult or child.
COVID 19 and the effects on disabled people
The Coronavirus has caused great difficulties for a wide range of people, but more so for disabled people. Problems in employment, and increased employer obligations in the face of COVID 19, are covered in chapter 8 . There are the ongoing problems with the benefits system. In addition, there are problems in general care, covered below.
The World Health Organisation has warned that disabled people are at a greater risk of contracting Coronavirus. Researchers have pointed out that disabled people face greater barriers to accessing health care and that the stigma around disability can further affect their prospects of receiving critical care. Whilst the global COVID-19 Pandemic raises a number of practical, ethical and legal challenges, it is