Case Summaries Up To October 2008
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By Claire Adams on 22/10/2008 17:43
The Income Support (General) Regulations 1987 (“the 1987 Regulations”) entitle disabled persons to a disability premium, except if they are “without accommodation". By this appeal, the appellant, RJM, seeks to establish that the exclusion from disability benefit of disabled persons without accommodation is contrary to art. 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As a result of his mental health problems, RJM was incapable of w ...
By Claire Adams on 25/06/2008 12:34
This appeal raises difficult questions as to the correct construction or application of provisions of the Disability Discrimination Act 1995 (“DDA”). The respondent, Mr Malcolm, suffers from schizophrenia. He has had the condition for some time and takes medication for it. For a short time, he did not take his medication and during that time he sub-let the flat that he occupied under a secure tenancy from the appellant Council. The effect of the sub-letting, and his consequent rel ...
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