Copyright 1997 Times Newspapers Limited
State must pay for deaf nurse’s nights out
By Alexandra Frean, Social services correspondent
A deaf woman yesterday won the right to claim a special benefit to help her to enjoy nights out with friends and at the theatre. The House of Lords ruling could unleash a flood of similar claims.
Five law lords ruled that Becky Halliday, 22, was entitled to a disability living allowance to help her to meet the extra living costs caused by her deafness. These include hiring a sign-language interpreter to help her when attending job interviews or when taking part in social activities with hearing friends.
The ruling, supporting a much more generous interpretation of the benefits laws than in the past, could leave the Department of Social Security facing a huge bill. Pressure groups working for people with disabilities estimated that “tens of thousands” of people in similar circumstances could qualify for the £33.10 weekly allowance.
Currently 1.8 million people receive the allowance, which is usually awarded only to those who need special and frequent help to maintain a certain standard of life at home and work. The law lords ruled, however, that it was not in any way unreasonable that a person severely disabled by deafness should wish to be involved in social life mixing with others and taking part in recreational and cultural activities as part of normal life.
David Thomas, legal officer with the Child Poverty Action Group, which backed Miss Halliday’s case, said that the ruling represented a “seismic shift” in the way that benefit rules would be interpreted. “Before, the allowance was given on the basis of what was essential to keep body and soul together. Now they have to consider what it takes to help a person lead a normal and full life in the community,” he said.
He added that the ruling would bring the way that the allowance was allocated in line with “the whole philosophy of government policy towards disabled people in the Nineties”.
Miss Halliday, profoundly deaf since birth, said: “It's a real relief. This has been going on for so many years. Now I can move forward to plan for the future. Common sense has prevailed.” Her mother, Meg, who has been fighting her daughter’s case for the past ten years, said that the case had demonstrated to her how little most people understood about the implications of deafness. “I think it was this realisation of the total lack of understanding and awareness on the part of the organisations making the decisions which inspired me to continue. Hopefully this has enlightened a few more people along the way.”
Whether Miss Halliday, a qualified nursery nurse from Southwell in Nottinghamshire, will get the allowance now will depend on an assessment by the Benefits Agency. The case went to the House of Lords after the Department of Social Security contested an appeal court decision that Miss Halliday was entitled to the allowance because leading a normal social life was a reasonable requirement.
The department had argued that social activities were simply “desirable” rather than being “reasonably required” essentials relating to bodily functions. Campaigners for the disabled said the ruling would have a dramatic impact on the lives of the deaf, blind and other disabled people.
Tim Sargeant, of the Royal National Institute for the Deaf, said: “It’s all very well saying deaf people can talk to each other but they want full social lives and to meet people outside the deaf community. Deaf people, who are not generally high earners, will now be able to afford interpreters to help them do that.”
Nick Robinson, of the Disability Alliance, said: “This is recognition at long last of the social needs of the disabled. It will open up new horizons for them.” Laura Jacobs, of the Royal National Institute for the Blind, said the ruling meant that claimants’ “social and leisure needs” should now be taken into account.
Originally web-posted 22 May 1997 on http://www.the-times.co.uk
