Learning difficulty Vs Learning Difficulty
I came across this "difference" when first talking about my dyslexia to the DWP. It seemed that during the application for access to work on working tax credits, my dyslexia was not a disability, but a difficulty.
Access to work is a secret UK government working disability program were once employed, either self-employed or otherwise, the government looks at ways to reduce the stress of working.
During my email assessment in 2017; I was hard for the assessor to convince me that my dyslexia was not disabling enough, to be called a disability. Because the access to work part of the DWP does not think like the rest of the DWP.
After repeating this statement below several times, access to work then accepted my(rest of DWP and world) explanation of dyslexia as a disability.
1) Are you disabled as defined under the Disability Discrimination Act 1995?
Yes. Dyslexia is a recognised difficulty under Equality Act 2010, replacing the Disability Discrimination Act 1995. This means that employers should ensure that disabled people are not treated unfavourably and are offered reasonable adjustments or support.
Dyslexia
The 1995 Act.
The 1995 Act defines a disability as;
“A physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day-to-day
activities” - [DDA 1995, Part 1, Section 1 (1)]
The 2010 Act
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.The Equality Act 2010 DWP Guidance
- disability definition, lists both dyslexia and learning disabilities as a disability.
"A4. Whether a person is disabled for the purposes of the Act is generally determined by reference to the effect that an impairment has on that person’s ability to carry out normal day-to-day activities.
An exception to this is a person with severe disfigurement (see paragraph B24). It is not possible to provide an exhaustive list of conditions that qualify as impairments for the purposes of the Act. Any attempt to do so would inevitably become out of date as medical knowledge advanced A5.
A disability can arise from a wide range of impairments which can be:.....
....developmental, such as autistic spectrum disorders (ASD), dyslexia and dyspraxia;
learning disabilities; - [Equality Act 2010 disability definition page 8 - 9, paragraph 1 and 2
In some cases, people have coping or avoidance strategies which cease to work in certain circumstances (for example, where someone who has dyslexia is placed under stress). If it is possible that a person’s ability to manage the effects of an impairment will break down so that effects will sometimes still occur, this possibility must be taken into account when assessing the effects of the impairment. - [Equality Act 2010 disability definition page 19, paragraph 3. B10
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf
The definition of dyslexia
Dyslexia affects the mind, therefore is a mental disability.
Dyslexia is long term. Dyslexia is hereditary and can be gained through a brain injury or shock.
Dyslexia is a disability.
I have heard dyslexia called a difficulty, disability, a difference, even a diversity. But let's call a spade a spade. In any world where you have to read and write competently to shovel dirt; you will be disabled.P.S if you manage to spot some spelling mistakes. I'd love to know.
Comments
Post a Comment