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GLOSSARY
Disability benefits are state social security payments made to individuals whose ability to work or manage daily living is limited by a physical or mental impairment. The term is descriptive rather than a single defined legal concept, and refers to a range of statutory schemes across the UK and Ireland.In England and Wales, Scotland and Northern Ireland, disability benefits typically include Personal Independence Payment (PIP), Disability Living Allowance (DLA) (for some adults and children), and the disability-related elements of Universal Credit and Employment and Support Allowance (ESA). These benefits are governed by social security legislation and detailed regulations, with entitlement assessed against statutory tests of “limited capability for work” and functional limitations.In Ireland, disability benefits include Disability Allowance, Invalidity Pension and related social welfare payments, based on statutory conditions of incapacity for work and means or contribution records.For practitioners, disability benefits commonly arise in welfare benefits appeals, community care, mental capacity, employment, personal injury, clinical negligence and family law, affecting financial provision, damages, reasonable adjustments and care planning. Jurisdiction-specific rules apply, but the core concept-income replacement or extra-cost support linked to disability-is broadly consistent.
PRACTICE NOTES
FORTHCOMING CHANGES: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Practice Note will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. This Practice Note summarises the materials available relating to protections and liabilities arising out of acts and omissions that amount to disability discrimination or other forms of prohibited conduct that are connected to disability. The level of detail provided
GLOSSARY
The classification of unlawful discrimintation against another on the grounds of their disability.
PRACTICE NOTES
This Practice Note considers disability discrimination within the meaning of the Equality Act 2010 (EqA 2010) in the specific context of pensions. What is disability discrimination? ‘Disability’ is defined in EqA 2010, s 6 as any physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. It is the subject of much statutory guidance and case law. For further information, see Practice Note: Disability. EqA 2010, Pt 2, Ch 2 defines a number of types of prohibited conduct. The term ‘disability discrimination’ is used in this context to mean one of those types of prohibited conduct where the relevant protected characteristic is disability. Prohibited conduct under EqA 2010 includes the following: • direct discrimination, ie treating someone less favourably because of a protected characteristic—for further information, see Practice Note: Direct discrimination • indirect discrimination, where apparently neutral treatment has a discriminatory effect—for further information, see Practice Note: Indirect discrimination • harassment, eg unwanted conduct related to a protected
GLOSSARY
The term used to describe a type of discrimination against disabled employees, namely if a person discriminates against a disabled person by treating him less favourably because of something arising as a consequence of the disabled person's disability.
PRACTICE NOTES
This Practice Note explains the correct approach to limitation where a claimant lacks capacity within the meaning of the Mental Capacity Act 2005 (MCA 2005) or a child is under 18. It outlines when time begins to run in such cases, highlighting the potential complexities for protected parties. It also addresses the limited circumstances in which deliberate concealment by a defendant can affect the limitation period in personal injury claims. Persons under a disability Claimants under a disability For the purposes of the Limitation Act 1980 (LA 1980) a claimant is under a disability while they: • are a child under 18 years of age, or • lack capacity (as defined by MCA 2005) to conduct legal proceedings When does someone lack capacity? A person will lack capacity in relation to a matter if at the material time they are unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, their
PRACTICE NOTES
This Practice Note considers the legal concepts of disability, neurodiversity and vulnerability and their relevance when advising individuals. It outlines the principal statutory protections available to disabled, neurodivergent and vulnerable adults, including the Equality Act 2010, Care Act 2014, Mental Capacity Act 2005 and Human Rights Act 1998. The note also considers risk of abuse and safeguarding protections, available routes of challenge and practical considerations for Private Client practitioners advising vulnerable clients. This is particularly important when taking instructions for Wills, Lasting Power of Attorneys (LPAs), trusts, deputyship applications, giving care funding advice or where a vulnerable client has not been provided for in contentious probate matters. Issues may also arise where family members, carers, attorneys, deputies or professional advisors are involved in arranging meetings, controlling communications, paying fees or speaking on behalf of the client. Disability For the purposes of the Equality Act 2010 (EA 2010), a person has a disability if they have a physical or mental impairment which has a substantial and long-term, adverse effect on the individual’s ability to carry out normal day-to-day
PRECEDENTS
This TRUST is made on [date]. Parties 1 [settlor] of [address] (the Settlor) and 2 [original trustees] of [addresses] (the Original Trustees) Background (A) The settlor wishes to make this Trust for the benefit of [name] (the Disabled Beneficiary) and has transferred to the Original Trustees the assets described in Schedule 1 to be held on the following trusts. (B) The Disabled Beneficiary is a disabled person within the meaning of that term in the Finance Act 2005, Schedule 1A. This Deed provides: 1 Definitions and interpretation 1.1 In this Trust: Charitable • means charitable (and exclusively charitable) according to English law; Charity • means a trust, corporation, association, society or other institution established only for charitable purposes and Charities has a corresponding meaning; Discretionary Beneficiaries • means (subject to clause 5) the following persons: (a) [the Disabled Beneficiary’s spouse;] (b) the descendants of the Disabled Beneficiary; and (c) the spouses, widows and widowers (whether or not remarried) of the descendants of the Disabled Beneficiary, and Discretionary Beneficiary has a corresponding meaning; [spouse • shall include a civil partner registered under the Civil Partnership Act 2004 and a spouse of the same sex, and a person is a surviving spouse whether or not they have remarried or entered
PRACTICE NOTES
This Practice Note discusses the use of non-contractual devices by software suppliers to control the running of, or prevent improper use of on-premise software in business-to-business licences, the consequential legal issues, and the practical implications for the drafting of relevant software licences. It introduces time bombs, logic bombs, back-door/trap-door, fork locks, remote control and turning off, or ‘deprovisioning’. If a customer fails to comply with the licence terms, or to pay licence or support fees, the relevant software supplier will have a right to bring legal proceedings. But litigation carries cost and risk, as well as consequences for the relationship between customer and supplier. The supplier may therefore be attracted to a very direct practical option: the use of disabling devices, to prevent the software running, that can be remotely or automatically triggered by the supplier. For most software developers, these devices are easy to code and install. Triggering (or threatening to trigger) such devices may give the supplier a very powerful hold over customers, particularly
PRECEDENTS
DISAPPLICATION OR MODIFICATION OF PRE-EMPTION RIGHTS—ALLOTMENT OF EQUITY SECURITIES OF THE SAME CLASS AS THE COMPANY’S EXISTING CLASS OF SHARES 1 In accordance with section 569 of
PRECEDENTS
DISAPPLICATION OR MODIFICATION OF PRE-EMPTION RIGHTS—ALLOTMENT OF EQUITY SECURITIES GENERALLY 1 [Without prejudice to article [insert reference to any article disapplying or modifying the statutory pre-emption rights in accordance with CA 2006, s 569]] [, in OR In] accordance with sections 570 and 573 of the
NEWS
Law360: Opposition to critical race theory can be considered a philosophical belief and is a protected characteristic under UK equality laws, an employment judge has ruled in a discrimination claim brought against Acas, the government's workplace conciliation service.