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Subject:

Re: reasonable adjustments under DDA/Senda

From:

Elvira Haeussler <[log in to unmask]>

Reply-To:

Discussion list for disabled students and their support staff.

Date:

Fri, 12 Sep 2003 11:45:44 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (251 lines)

Rob,

It's amazing how many blind students there are with guide dogs. I'm an
ex-one of them as I have a guide dog myself and used to study at Leeds
University.

With regards to your question about cost, I think from a purely legal point
of view it depends on the circumstances. If the university would normally
rent the flat out to another student for the high amount, you'd probably
have to pay it. However, if they would normally rent it out to several
students charging that amount, but they're renting it to you on your own
because you have a guide dog, I do think you would probably have a case for
saying you'd pay the amount a single student would normally pay. That is, if
they normally rent out the flat to three people, for example, but they've
given it to you on your own because of your dog, I'd say you'd pay a third
of the full price. At least I know they've done something like that here at
leeds. They gave a double room to a guide dog owner on her own and charged
her the half she'd normally pay rather than the whole price of the room. I'm
not aware of any DDA cases like that at present, but happy to try and find
out.

I do hope you get sorted out. It's the last thing you need when you're
starting a new course. It seems like the guide dog issue at universities is
still a difficult one. I certainly had my fun and games convincing our
accommodation office that mine would not endanger other students. Mind you,
that was before the DDA came in unfortunately.

Please keep us posted.

Elvira

-----Original Message-----
From: John Gregory [mailto:[log in to unmask]]
Sent: 12 September 2003 11:30
To: [log in to unmask]
Subject: Re: reasonable adjustments under DDA/Senda


Rob,

As a blind person myself, I sympathise with your predicament. As an under
Graduate I investigated the possibility of claiming housing benefit. I
cannot remember whether I actually did get it in the end, but I do know it
was available. I contacted a colleague here in my LA and she replied with
the folowing:

"Disabled students are indeed eligible to claim housing benefit and council
tax benefit. But the important word here is claim. Housing benefit and
council tax benefit are means tested benefits so, as I am sure you are
aware, we have to look at the income and capital of the claimant and their
partner when assessing their entitlement. It is not possible to tell you
how much income and capital a person can have to qualify because it depends
on their circumstances and how much rent or council tax they pay. Student
grants and student loans (whether or not they get a loan) are taken into
account. Students who are not pensioners, or disabled or lone parents are
not eligible to claim benefit. To be classed as disabled they have to
qualify for the disability premium. This is a premium that is used in the
assessment of their claim. To qualify for this premium they must be
registered blind or be in receipt of one of the following benefits:
Attendance allowance or disability living allowance; Tax credit -
disablement addition; Mobility allowance; Long term incapacity benefit (i.e.
that is that they have been receiving it for more than 12 months); Severe
Disablement Allowance"

Hope this helps.

Regards, John.

John Gregory
Access Officer
Environmental Services Department
Ext. 1630
DDI. 01295 221630


                -----Original Message-----
                From: Rob Powell [mailto:[log in to unmask]]
                Sent: 08 September 2003 22:40
                To: [log in to unmask]
                Subject: Re: reasonable adjustments under DDA/Senda

                Is the hardship fund normally available to post-grad
students?

                Rob

                -----Original Message-----
                From: Discussion list for disabled students and their
support staff.
                [mailto:[log in to unmask]]On Behalf Of BRYAN JONES
                Sent: Monday, September 08, 2003 9:05 AM
                To: [log in to unmask]
                Subject: Re: reasonable adjustments under DDA/Senda


                I would suggest that you speak to the disability officer or
the head
                of student services. The institution could legitimately
fund the
                extra cost of your accommodation by making an award to you
                through their Hardship fund. £2000 or so is what you / the
                accommodation service require, which is well within the
limits of
                what individual students can be awarded through this fund.

                On 6 Sep 03, at 6:10, Rob Powell wrote:

                > Hi all,
                >
                > A question for you guys, with which I could do with some
                > advice/guidance.
                >
                > I'm a totally blind student starting at Bristol Uni in
September.
                (oh
                > it's September now)!. I've got a flat, owned by the
university that
                > has a garden, and is bigger than normal student
accommodation,
                because
                > I have a guide dog.
                >
                > The problem is, to put it bluntly, that I can't afford the
rent, but
                I
                > need the flat. The rent is £105 per week, plus bills.
The cost of
                a
                > normal room in university accommodation would be about £45
including
                > bills.
                >
                > I'm not in a position to fund the extra costs of this lat
from my
                DSA,
                > because I could only fund it from the general allowance,
which I've
                > used for other things. The equipment allowance is also
over-spent,
                > and the non-medical allowance is near it's maximum.
                >
                > My point to the university is that a reasonable adjustment
to enable
                > me to study is that they give me the flat for the same
price as a
                > normal room on campus, I.E. that they subsidise the flat
by £60 per
                > week. I'm prepared to foot the bill for the bills, as a
compromise.
                >
                > Does anyone know of any case law that would support this
argument,
                any
                > other universities that have made this sort of adjustment
for
                disabled
                > students, or any specific part of the SENDA/DDA codes of
practice
                that
                > I could quote on this one?
                >
                > It's fair to say I think, that the university are
generally
                > sympathetic to the problem, but they need a hook to hang
the thing
                on.
                >
                > Thanks for any help, because I have to take a 50 week let,
the
                amount
                > involved is about £3000 per annum, so it's significant.
                >
                > Rob
                > ---
                > Outgoing mail is certified Virus Free.
                > Checked by AVG anti-virus system (http://www.grisoft.com).
                > Version: 6.0.515 / Virus Database: 313 - Release Date:
01/09/03


                Bryan Jones
                Disability Support Services Manager
                Tel: 020 8411 5367
                ---
                Incoming mail is certified Virus Free.
                Checked by AVG anti-virus system (http://www.grisoft.com).
                Version: 6.0.515 / Virus Database: 313 - Release Date:
01/09/03

                ---
                Outgoing mail is certified Virus Free.
                Checked by AVG anti-virus system (http://www.grisoft.com).
                Version: 6.0.515 / Virus Database: 313 - Release Date:
01/09/03


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