Your Rights

Your rights - FAQs

Summary: Frequently asked questions about advocacy and welfare

• Disability Discrimination Act
• Advocacy
• Finances
• Social services
• Talk and support

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Disability Discrimination Act

Am I automatically covered by the Disability Discrimination Act (DDA) if I am registered severely sight impaired (blind)?

From 14 April 2003, if you have been certified as blind or partially sighted by a consultant ophthalmologist, or if you are registered as blind or partially sighted with a local authority, you will automatically be regarded as disabled for the purposes of the act [although this does not apply to Northern Ireland]. If you are not certified, or registered as blind or partially sighted, you may still meet the act's definition of Disability.

The Government's Guidance provides a number of examples (though this is not an exhaustive list):

• Inability to see to pass the eyesight test for a standard driving test.
• Inability to recognise by sight a known person across a moderately sized room.
• Total inability to recognise colours.
• Inability to read ordinary newsprint.
• Inability to walk safely without bumping into things.

Can restaurants still refuse to serve me if I have my guide dog?

Service providers such as restaurants cannot refuse you service for a reason relating to your disability without justification. Although health and safety can be a justification, this is unlikely to apply with a guide dog because the Institute of Environmental Health says that guide dogs are not a risk to hygiene. In addition, service providers have to make "reasonable adjustments" to, amongst other things, policies which make it impossible or unreasonably difficult for you to use a service, such as a no dogs policy. Most of the court cases brought under the goods and services provisions have been in relation to guide dogs, and none of them have lost in court.

Does the DDA mean that I can have reading material in my preferred format?

The Act says that service providers have to make reasonable adjustments, and that you can claim against them if a failure to do so makes it impossible or unreasonably difficult for you to use their service. This means that you should be provided with an accessible format, but whether it is your preferred format will depend on the individual circumstances. We can provide more detailed advice for individual circumstances.

I wasn't given a job and think that it was because I am partially sighted. Is there any way of finding out more information without bringing a tribunal case?

The DDA makes provision for a questionnaire to be sent to an employer by an individual who thinks that they have been discriminated against. On the questionnaire, you set out the circumstances of your situation and you can ask any relevant questions - such as how scoring was done for recruitment, who got the job, what qualifications they had. You can also ask for copies of notes, application forms etc (with details blanked out). The employer does not have to respond, but if he does not, the tribunal can draw an inference from a failure to respond, or a failure to respond within a reasonable time, that there has been discrimination. The questionnaire standard forms are available from the DRC Helpline (0845 7 622 633) or from the RNIB Helpline on helpline@rnib.org.uk or 0845 766 9999 / 020 7388 2525 (some callers may find it cheaper to call a landline, so we have detailed both 08 prefixed numbers and landline equivalents where available).

Are all employers covered by the employment duties under the DDA?

• Employers of any size are covered by the Act.
• Employees includes temporary, part time and permanent employees, and contract workers are also covered
• Occupations such as police officers, barristers, partnerships and "office holders" (such as magistrates, and chairs of the equality commissions) are covered
• Volunteers: volunteers are not separately covered by the Act and so whether or not volunteers are covered will depend upon whether or not they are an “employee” which will in turn depend upon the nature of any contract they have. Whilst generally speaking volunteers are not considered to be employees, there have been some cases where they have been held to be so, and so specialist advice needs to be sought in relation to volunteers.
• The only major occupation not covered by the Act is service in the armed forces.

More on the Disability Discrimination Act.

Advocacy

What is advocacy?

RNIB describes advocacy as follows:

"Advocacy is about taking action to help blind and partially sighted people say what they want, secure their rights, represent their interests and obtain the services to which the are entitled. Advocates work in partnership with the people they support.

Advocacy promotes social inclusion, equality and social justice"

In other words, advocacy is about helping people to have their say and get the information and services they need.

What type of advocacy do you provide and how?

Crisis advocacy : supporting, or where necessary advocating on behalf of, individuals to resolve a particular problem. The majority of our crisis advocacy is in the areas of community care, social security benefits, transport, and disability discrimination.

Group work : partnerships with local groups of blind and partially sighted people to develop advocacy initiatives, eg information services, consultation exercises on local issues.

What if you can't help me?

There will be occasions when we will not be able to help, eg we do not have the expertise to deal with a particular issue or you need legal assistance (please note, members of our team are not legally qualified). If this occurs we will help you locate another organisation who can help you.

My local group is interested in developing advocacy, how can you help me?

We are more than happy to work with local societies and groups who wish to develop their own advocacy projects. Our experienced team can offer advice and training, ensure you get the right up to date information, and, if appropriate, assist you to put together any bids for funding for the project.

Can I come and visit you in person?

You are more than welcome to make an appointment to visit a member of the team. However, we are unable to provide transport. Each member of the team is based in a building where a wide range of support services for people with sight problems are available. So your appointment with our team could be combined with a visit to several other services in the building.

Finances

Where can I get benefit application forms from?

This depends on the benefit involved. Contact the Department of Work and Pensions via the Benefits Enquiry Line on 0800 88 22 00 for benefit application forms including Attendance Allowance, Disability Living Allowance and Carers Allowance. For some benefits such as Incapacity Benefit and Income Support (if you are aged under 60) you will need to contact your local Jobcentre Plus office. You can get the telephone number from Yellow Pages or via Directory Enquiries.

Is there a blind person’s pension?

Unfortunately there is not a blind person’s pension. There are certain concessions for people who are severely sight impaired (blind) or sight impaired (partially sighted), for example, exemption from BT directory enquiry charges. There are no main state benefits specifically for people with serious sight loss. However we would advise people with a serious sight loss to claim Disability Living Allowance if aged under 65, or Attendance Allowance if aged 65 or over.

More on welfare benefits for people with sight problems.

I am registered sight impaired (partially sighted). Can I get help with paying for a new pair of glasses?

Registered severely sight impaired (blind) or sight impaired (partially sighted) people do not automatically receive assistance towards the cost of glasses. If you need glasses, or you need new glasses because your eyesight has changed, the optometrist - the person who conducts the sight test - will give you a prescription. This gives details of the type of glasses you require.

To help pay for the glasses, you can receive a voucher, which has a monetary value. The value of the voucher you receive depends on the type of glasses you need.

A voucher will be awarded if:

• you receive Income Support or income-based Jobseeker’s Allowance;
  or
• you receive Disabled Person's Tax Credit and less than £70 of your maximum tax credit has been withdrawn (your tax credit notification statement will say if you are entitled to this);
  or
• you are under 16, or under 19 and still in full-time education.
• you need powerful or complex lenses. The optometrist should tell you this and mark your prescription accordingly.
• you attend a Hospital Eye Service because your glasses need changing frequently;
  or
• you qualify for assistance via the low income scheme.

In all cases tell the optometrist you think you may be entitled to a voucher before you pay for the sight test or the glasses. If you are finding it difficult to pay for glasses due to the low value of the optical voucher, RNIB Welfare Rights Service would be interested to hear from you.

How can I get help from social services?

If you are having difficulties because of poor sight you should contact the nearest social services office of your local council.

You are entitled to ask them to assess your needs, whether or not you are registered as severely sight impaired (blind) or sight impaired (partially sighted). They should look at your needs as a whole - this is called a full needs assessment - before deciding what services they might arrange for you. This might include practical help at home, help with special equipment or adaptations to the home, other support you might need to maintain your independence.

More on getting community care help from social services.

Can I get a grant from RNIB?

RNIB can consider applications from registered severely sight impaired (blind) and sight impaired (partially sighted) people on low incomes. We give priority to requests for help with items which are essential for day to day living. Our grants range from £50 to £350, depending on what the grant is for. We have a limit of £500 per individual over 3 years, and there should be a gap of one year between grants. We are not able to make emergency grants.

We receive many applications each week and, unfortunately, cannot help everyone who applies to us for a grant. If we cannot help, or cannot give the full amount you need, we will do our best to suggest other sources of assistance.

More about RNIB Grants to blind and partially sighted people.

Social services

What do I do if social services are not giving me the help I need?

Each local council must have a procedure to handle complaints from service users. There are three stages to making a complaint.

• Informal problem solving stage
• Formal complaint
• Review stage.

You may be able to resolve your problem by telephone or by talking face to face with the person responsible for providing the service. There are no legal time limits for dealing with informal complaints, although many local authorities set their own maximum time scales, often about six weeks.

If you feel your complaint has not been dealt with properly at the informal stage, you can register a formal complaint. You can go straight to this stage if you wish.

Your local council will have a written explanation of their complaints procedure. You should ask them to provide this information in a format you can access, such as large print, audio cassette or braille. If you need help putting your complaint in writing, they should be able to put you in touch with an independent advocacy organisation.

You can ask RNIB Welfare Rights Services for help and advice when you reach this stage.

More about complaining to the council.

Talk and support

What are the telephone groups all about?

RNIB Talk and Support offer an exciting range of telephone groups for people with sight loss across the UK. The groups currently on offer are:

• Tele Befriending - weekly telephone social groups.
• Telephone Book Clubs

(Both the above telephone groups are supported by the Big Lottery Fund)

• Tele Support - telephone information and discussion group on 'Understanding the types of benefits available'. This group is supported by HBOS.

How does it work?

Up to eight people are connected together using the telephone – all from the comfort of peoples’ homes. We call you so there is nothing to do except be sitting comfortably by the telephone ready to accept the call.

We will arrange the sessions at times and on days which are good for you before the groups start. All you need to do is to let us know that you are interested in a particular telephone group and we'll do the rest. Call the RNIB Talk and Support team on 0845 330 3723 to join a telephone group.

I’ve never done this before – is it easy to get used to?

Most people taking part say that after the first few sessions, they forget that it's all over the telephone. They really look forward to their next session and are always surprised when the session is due to finish. Regular comments are “Is it that time already?”.

Visit our RNIB Talk and Support pages for further information.

Content author: webeditor@rnib.org.uk

Last updated: 08/04/2008 18:38