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Is Diabetes classed as a "Disability"?

M

montgomeryok

Member
I'm a little confused here. My son was diagnosed 2 years ago - Type 1. He is due to start university next month and has just received an email from the uni. It's from the "Disability Service" at the uni asking if he's like to come in and discuss any support he may require. I think this is good/helpful to know that he can go to someone if he needs support but was quite surprised at the word disability. We have never thought of diabetes as being a disability, more a disease or condition. Do you think it's just an umbrella sort of word, cos they have to call it something, or am I being naive?
 
I have just found my answer on this site.

In legal terms, is diabetes considered to be a disability?
The provisions of the Disability Discrimination Act of 1995 include diabetes.

Still wouldn't class it as one myself but maybe that's just me.
 
The Disability Discrimination Act has a definition about what is meant by a Disability for the purposes of that Act.

Main elements of the definition of disability

The Act defines a disabled person as a person with a:
A1. physical or mental impairment which has a substantial and longterm
adverse effect on his ability to carry out normal day-to-day
activities’ (S1).
A2. This means that, in general:
• the person must have an impairment that is either physical or
mental (see paragraphs A3 to A8 below);
• the impairment must have adverse effects which are
substantial (see Section B);
• the substantial adverse effects must be long-term (see
Section C); and
• the long-term substantial adverse effects must be effects on
normal day-to-day activities (see Section D).
This definition is subject to the provisions in Schedule 1 (Sch1)
and Schedule 2 (Sch2).
Click to expand...

Full Guidance Document.
http://www.equalityhumanrights.com/uplo ... bility.pdf

In practice a Type 1 would almost ceratinly be classed as having a Disability whereas a Type 2 is a grey area and it will depend on all the circumstances as to whether it applies. There is some case law about the matter which you would need to research for further information. Anyone in any doubt should consult a Solicitor specialising in Employment Law.

7. There is a range of services, concessions, schemes and
financial benefits for which disabled people may qualify. These
include, for example: local authority services for disabled people;
the Blue Badge parking scheme; tax concessions for people who
are blind; and disability-related social security benefits. However,
each of these has its own individual eligibility criteria and
qualification for any one of them does not automatically confer
entitlement to protection under the Act, nor does entitlement to the
protection of the Act confer eligibility for benefits, or concessions.
Click to expand...

Employment Law, related matters and the DDA are a minefield for the unwary and just researching it is no substitute for expert Legal Advice.

Ken
 
In practice a Type 1 would almost ceratinly be classed as having a Disability
Click to expand...

Really? How?

I get quite irritated at diabetes being classed as a disability. If managed closely and carefully there is no reason why it should impede or limit your day to day life whatsoever. If you have complications resulting from poor control etc then yes, you could be classified as disabled then.

It seems like a lot of people are quick to 'claim' a disability because of the benefits that may give them or use it as an excuse to not do things that they are more than capable of doing.

I'd rather not be classed as disabled just ebcause my pancreas doesn't work
 
I am type2 but think it is right that type1 is classed as a disability - it gives people protection against their employers - or in fact anyone - discriminating against them - eg) time away from their desk/workplace to test or eat or treat a hypo - legally you are not entitled to a break (20 mins) until you have worked 6 hours - if some employers stuck to this like glue I am sure it would be detrimental to even a well controlled T1- that is just one example - there a posts in the employment thread of people being treated badly by employers.

Something being classed as a disability doesn't automatically mean benefits and money and reasons to be treat better than others for no other reason than you can be.- as to the OP question it may be as simple as your son having a small fridge supplied in his room to store his insulin - his lecturers being made aware of his condition and what to do if he has a hypo etc.

Yes there will always be people who abuse the rights they gain but that applies to all disabilities/conditions/diseases - not just diabetes
 
lovinglife said:
I am type2 but think it is right that type1 is classed as a disability - it gives people protection against their employers - or in fact anyone - discriminating against them - eg) time away from their desk/workplace to test or eat or treat a hypo - legally you are not entitled to a break (20 mins) until you have worked 6 hours - if some employers stuck to this like glue I am sure it would be detrimental to even a well controlled T1- that is just one example - there a posts in the employment thread of people being treated badly by employers.

Something being classed as a disability doesn't automatically mean benefits and money and reasons to be treat better than others for no other reason than you can be.- as to the OP question it may be as simple as your son having a small fridge supplied in his room to store his insulin - his lecturers being made aware of his condition and what to do if he has a hypo etc.

Yes there will always be people who abuse the rights they gain but that applies to all disabilities/conditions/diseases - not just diabetes
Click to expand...

Very well said lovinglife! :D

Nigel
 
Dollyrocker.
Yes.......really !
It's in the legislation and the guidance, part of which I posted. There is a mass of sites which will tell you the same thing. Whether YOU feel that you don't have a disability or not is not the point.

There are people who do fit the criteria and so they would be classed as having a disability. That's the Law, not my opinion. Who am I to criticise anybody who may have a perfectly valid reason for being considered to have a disability.

I personally don't believe I have a disability, like you, however there may be a day when I might need to use that legislation, therefore I wouldn't rule it out.

Ken

Loving Life........I agree totally. Good post !
 
Totally agree with loving life. It is all a question of degrees, and to my mind the answer is in the wording of the legislation with the substantial.
I most certainly am not disabled, I have a managable albeit long term health problem. If not managed I could in the future become disabled. I am doing my utmost to avoid this though!
I do know someone who had extra support through uni as they were dyslexic, so maybe the uni define disabilty slightly differently.
 
I do know someone who had extra support through uni as they were dyslexic, so maybe the uni define disabilty slightly differently.
Click to expand...

At the risk of starting a tangent, as a mother of somebody who is profoundly dyslexic, it is a disability, It effects her day to day life and stops her functioning in the world in the same way that my husband and I do.

As has been said it does not mean she is eligible for benefits or anything like that, but there are plenty of occasions when she needs more help than others to access the world. Eg if there are instructions or offical contact is in writinng, she is unable to read it, nor can she fill in forms without help.

On the other hand my dyslexic nephew is effected differently and managed through university without significant help. It is a matter of degree and the individual.

The same with diabetes, it is allowing for anything extra to accomodate the special circumstances of a person. Such as insulin storage, time for testing and eating during teaching sessions etc.

I am T2 but my nother was insulin dependant and there were times and situations when she did need special allowances making for her.
 
That is what I was kind of getting at. The same condition can be severe enough to be a disability to some people and less so in others.
I'm dyslexic myself.
 
Dippy3103 said:
That is what I was kind of getting at. The same condition can be severe enough to be a disability to some people and less so in others.
I'm dyslexic myself.
Click to expand...

Yes, I was agreeing with you and replying to further up the thread all at the same time, sorry if I confuse!


-------------------------------------------------------------------------------------------------------------
 
Thanks everyone. Yes, that's what we decided in the end we'd do. We replied to email saying it was good to know the support was there if he needed it. Also said that it would be good if his tutors could be told about his diabetes in case he had to leave a lecture suddenly or something.
:D
 
I've been a diabetic for many years, and carry on with a normal day to day life, with a lot of control and a few problems.

But if someone wants to class me as disabled, then fine by me, it's only a title, and I dont really care one way or another, a Rose by any other name etc etc

But if being classed as disabled provides a bit of assistance for someone at university, or perhaps a Blue Parking badge later on in life when I'm not so active, or helps cut people some slack to take work breaks, or any other non monetary benefits, then I say bring it all on.

Why deny you have a condition that is classed as a disability and affects your life, and although some don't need the help that is offered, many do, and the more help that is offered can only be a good thing.
 
This is just my personal opinion as some one who has never been ill in my 67 years and I do recognise how fortunate I have been.I was dx with db about 1 year ago .Great shock to the system .I dont do ill :!: Now I accept the fact that I have DB and if that is classed as a disability then so be it .Its not my fault and there is no shame attatched to being disabled in any way and if any help is offered why not accept .
CAROL
 
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