Fighting for fair treatment
Accessing disability benefits can be a stressful and complex experience and can result in inadequate support and poor outcomes. There is not enough education and information available about endometriosis to support benefit assessors which is resulting in some with the condition being unfairly penalised.
For some with endometriosis, the symptoms experienced will mean that individuals meet the definition of disability under the 2010 Equalities Act. The condition may also fall under the special rules related to fluctuating and recurring conditions, addressed in guidance on the definition of disability in the Equalities Act.
Endometriosis UK is part of the Charities Disability Benefits Consortium and we regularly add our name to support campaigns to ensure nobody accessing benefits faces discrimination.
We hear all too often that assessors are getting benefits decisions wrong for those with endometriosis and other menstrual health conditions.
That is why we believe anyone applying for health-related benefits must be assessed by an assessor who has specific knowledge and understanding of the condition being assessed. This is essential to ensure an accurate and fair assessment of an individual’s health and ability to undertake work or daily living activities. All too often, we hear from those with endometriosis whose assessors sometimes have lacked even a basic knowledge of endometriosis. This can lead to those who are disabled due to endometriosis and struggle to carry out daily living activities being incorrectly told that they do not qualify for any support.
What we are calling for:
- Ensure guidance to all assessors states that endometriosis may result in disability.
- Ensure that all assessors who deal with claims from those with endometriosis have undergone training to ensure they have sufficient knowledge of the condition to undertake a fair and accurate assessment.
- Update the guidance on the Equalities Act to specifically mention endometriosis as an example of a fluctuating and recurring condition that may result in impairments that meet the definition of disability.
- Ensure that Department for Work and Pensions (DWP) staff and contractors understand how endometriosis meets the definition of disability in the Equalities Act.