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Disability Discrimination Act: Mentally Ill

Volume 467: debated on Thursday 22 November 2007

To ask the Secretary of State for Work and Pensions what assessment he has made of the number of people who have been unable to file a claim under the six month rule of the Disability Discrimination Act 1995 because of mental health problems; and whether he will consider extending the limit to 12 months, where mental health issues are shown to be a reason for the delay. (162042)

There is no central data held on the number of people who have been unable to file a claim of discrimination under the six month rule of the Disability Discrimination Act 1995. My Department has made no assessment of the number of such cases, but I do not consider it necessary to extend the limit to 12 months where mental health issues are shown to be a reason for the delay in making a claim. This is because provisions in Paragraph 6(3) to Schedule 3 of the Act already allow a court to consider a claim under section 251 of the Disability Discrimination Act which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

1 Section 25 of the Disability Discrimination Act 1995 concerns enforcement of the provisions:

in Part 3 of the Act, which includes coverage of access to goods, facilities, and services; public authority functions; and premises; and

in sections 57 and 58, which concern the aiding of unlawful acts and the liability of employers and principals