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TOPIC: dda 2005

dda 2005 9 years 6 months ago #19428

Hi,

I have a question regarding the above act it says people with cancer are defined as disabled from the moment they are diagnosed with cancer I am asking this question on behalf of a friend who has had cancer in the past which luckily she survived, is she still defined as disabled under the act.

Please could anyone help with this question, thanks.

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Re:dda 2005 9 years 6 months ago #19430

Hi,

We're not really qualified to answer questions that are not directly related to incapacity and disability benefits.

However, my wife Pat is a nurse and her view is that it depends on whether or not your friend's cancer has been eradicated or in remission.

Normally cancer patients are followed up for five years before it's accepted that the cancer has been eradicated.

Perhaps your friend should discuss the situation with her GP.

Kind regards.

Jim

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PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:dda 2005 9 years 6 months ago #19443

Hi, From what i can remember about the DDA, Past disabilites can count but it gets a bit complicated. If your friend is still under the hospital for out patient apps etc. She should seek advice from the Welfare Rights Team at the hospital she attends. As far as i know nearly every hospital has these advisers. Best Wishes

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Re:dda 2005 9 years 6 months ago #19446

c00kered wrote:

Hi,

I have a question regarding the above act it says people with cancer are defined as disabled from the moment they are diagnosed with cancer I am asking this question on behalf of a friend who has had cancer in the past which luckily she survived, is she still defined as disabled under the act.

Please could anyone help with this question, thanks.


Hi,

There are of course two major Acts dealing with disability discrimination.

This link may be of help The Disability Discrimination Act 1995 and 2005

Jim

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PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:dda 2005 9 years 6 months ago #19506

Thanks for your reply,

I don't think I worded my question properly. A
friend has received an ib50 form and filled it in and now has to go for a medical, this has happened to her before and she has appealed and won more than once, bet that doesn't happen much now.

After joining this excellent site it has become obvious how difficult the situation is now, however the dda act 1995 says that people with hiv,cancer or multiple sclerosis are exempt from the moment the illness is diagnosed and therefore do not have to fill in an ib50 I think that's the case.

I think cancer is never declared cured but in remission but I may be totally wrong. My friend does not like to talk about her battle with cancer but I hope I can tell her she may be exempt.

I am very grateful for any help received thanks.

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Re:dda 2005 9 years 6 months ago #19511

c00kered wrote:

Thanks for your reply,

I don't think I worded my question properly. A
friend has received an ib50 form and filled it in and now has to go for a medical, this has happened to her before and she has appealed and won more than once, bet that doesn't happen much now.

After joining this excellent site it has become obvious how difficult the situation is now, however the dda act 1995 says that people with hiv,cancer or multiple sclerosis are exempt from the moment the illness is diagnosed and therefore do not have to fill in an ib50 I think that's the case.

I think cancer is never declared cured but in remission but I may be totally wrong. My friend does not like to talk about her battle with cancer but I hope I can tell her she may be exempt.

I am very grateful for any help received thanks.


The Disability Discrimination Acts do not apply to other Acts of Parliament such as The Social Security Administration Act 1992 or The Social Security Act 1998 of which Incapacity Benefit is encompassed within those acts.

Exemptions for Incapacity Benefit are defined in The Social Security (Incapacity for Work) (General) Regulations 1995 and not the DDA.

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