PEOPLE with mental health, cognitive or intellectual impairments should find it easier to claim the benefits they are entitled to, following a Court of Appeal ruling.
The case followed an earlier finding by the Upper Tribunal that people with mental health impairments were put at substantial disadvantage by the assessment process for Employment Support Allowance.
The Department for Work and Pensions appealed against the findings and argued that the claimants, MM and DM, who both have serious mental health problems, could not bring a class action under the Equality Act 2010 for breach of the duty to make reasonable adjustments for disabled people.
But the Court of Appeal dismissed most of their grounds of appeal and ruled that the Upper Tribunal could declare that current policies discriminate against people with mental health impairments and was unfair.
However, it did find that it was not for the Upper Tribunal to determine what sort of ‘reasonable adjustment’ should be put in place to assist claimants.
The Equality and Human Rights Commission told the court that the law required the Department to anticipate the extra assistance that a disabled person may require during the assessment process.
It said assessors should automatically seek further evidence for all people with such conditions from the outset, such as obtaining their GP or consultant’s view, rather than doing so only in limited circumstances.
Many disabled people who have undergone the assessment without this support have suffered anxiety, inability to prove their claim and in some cases loss of benefits.
Wendy Hewitt, the Commission’s Legal Director, said: “This ruling should make the process for claiming and renewing benefits for people with serious mental health impairments much fairer and reduce the stress on those who already coping with enormous challenges in their lives.
“This is now the second court to have recognised the particular disadvantage and we now call on the Secretary of State for Work and Pensions to change the practice in this area.”
