Post by kickingfrog on Feb 8, 2011 14:22:56 GMT
Disability Alliance Attendance Allowance and Disability Living Allowance Case Law
Coeliac Disease
R(A)1/91 (Formerly CSA/17/1989)
Referred to a child. “A person may suffer from a disability necessitating such involved and complex preparation and cooking of food which may well in my view render these matters relevant to the attention condition.”
www.disabilityalliance.org/dlalaw.htm#Coeliac%20Disease
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disability living allowance case law digest
November 6 2008 at 2:28 PM
...
5.8 Coeliac Disease
special preparation of food
R(A)1/91 (Formerly CSA/17/1989) concerned a child.
A person may suffer from a disability necessitating such involved and complex preparation and cooking of food which may well in my view render these matters relevant to the attention condition.
...
www.network54.com/Forum/281849/thread/1225981715/disability+living+allowance+case+law+digest
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CD & DDA
Posted by davidmc on 18/6/2005
GF board
CD would qualify under the DDA if, for example, your employer treated you differently than a person without CD. It does not matter that the symptoms have been resolved for the Act. The symptoms of untreated CD and even those of CD when it is being treated at first, often qualify as disabling because the effects are "substantial" on day to day activities ie not minor. For most people with CD the symptoms have been evident for more than 12 months, the minimum period under the Act to qualify as a disability. What matters is that the symptoms can and are likely to recur if gluten is ingested. This is not always within our control as we all know. Having a past disability qualifies under the DDA so if your employer treated you differently because of a history of a disability they would be liable. It is also interesting that, if an employer dismissed a person with undiagnosed CD because of the related problems affecting their work, it is possible for the employer to be still held liable for disability discrimination on the basis that he should have endeavoured to determine the underlying cause(the disability). People are being dismissed every day on capability grounds where they in fact have a known disability or signs of one.
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Coeliac Disease
R(A)1/91 (Formerly CSA/17/1989)
Referred to a child. “A person may suffer from a disability necessitating such involved and complex preparation and cooking of food which may well in my view render these matters relevant to the attention condition.”
www.disabilityalliance.org/dlalaw.htm#Coeliac%20Disease
*************
disability living allowance case law digest
November 6 2008 at 2:28 PM
...
5.8 Coeliac Disease
special preparation of food
R(A)1/91 (Formerly CSA/17/1989) concerned a child.
A person may suffer from a disability necessitating such involved and complex preparation and cooking of food which may well in my view render these matters relevant to the attention condition.
...
www.network54.com/Forum/281849/thread/1225981715/disability+living+allowance+case+law+digest
*************************
CD & DDA
Posted by davidmc on 18/6/2005
GF board
CD would qualify under the DDA if, for example, your employer treated you differently than a person without CD. It does not matter that the symptoms have been resolved for the Act. The symptoms of untreated CD and even those of CD when it is being treated at first, often qualify as disabling because the effects are "substantial" on day to day activities ie not minor. For most people with CD the symptoms have been evident for more than 12 months, the minimum period under the Act to qualify as a disability. What matters is that the symptoms can and are likely to recur if gluten is ingested. This is not always within our control as we all know. Having a past disability qualifies under the DDA so if your employer treated you differently because of a history of a disability they would be liable. It is also interesting that, if an employer dismissed a person with undiagnosed CD because of the related problems affecting their work, it is possible for the employer to be still held liable for disability discrimination on the basis that he should have endeavoured to determine the underlying cause(the disability). People are being dismissed every day on capability grounds where they in fact have a known disability or signs of one.
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