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News › Group IP take-up could increase under DDA enactment
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Law: Group IP take-up could increase under DDA enactment
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Posted by sylvia on Saturday, August 21, 2004 (20:51:37)
ifa online.co.uk 19/07/2004
By Julie Henderson
Enforcement of the proposed Disability (anti) Discrimination Act could increase the need for employers to hold group income protection cover as additional rules will make it illegal to get rid of or downgrade any staff member with a “progressive conditionâ€.
Rules surrounding the DDA are designed to increase the civil rights of individuals with illnesses and disabilities so would make it illegal for any employer to dismiss or downgrade the position of individuals with a serious long-term illnesses such as HIV, multiple sclerosis and cancer which could require substantial long-term treatment for their condition.
This bill is designed to protect individuals whose rights to employment, services, goods and facilities are withdrawn as soon as diagnosis is given or symptoms begin to surface, so will include ensuring, for example, anyone with recognised conditions cannot be thrown out of a rental property, or cannot have their employment position downgraded because there is a possibility they are likely to off work for some time as a result of their condition.
At present, DDA rules state individuals need to demonstrate they cannot carry out “normal†day-to-day activities, but reform of the current proposals – based on a response presented by Maria Eagle, minister for disabled people at the DWP to the Joint Committee on the Draft Disability Discrimination Bill - could mean anyone diagnosed with or showing signs of HIV, multiple sclerosis or cancer is automatically protected against any form of discrimination.
This could mean more employers will see the need to take out group income protection cover, says Matt Dann, group head of underwriting and claims at Scottish Equitable, as the enactment of such a bill could place additional financial pressures on employers who have to pay both the salary of an existing individual and any additional salaries during their period of long-term illness.
“[The bill] strengthens the requirement for a group income protection scheme, because rather than replace staff they will need to continue to finance their position. This enhances the need for cover because they can then pass the burden to the insurer rather than the employer,†says Rann.
Most IP policies cover the policyholder for the term of the policy, which usually means at least until the individual retires or until the policy expires, so in some cases this could see the policy run for 20-25 years.
Two examples of circumstances where the individual will be covered against discrimination include:
“A man employed as a project manager begin to experience some manifestations and is told he has multiple sclerosis. He has not, however, been given a prognosis that his condition will progress. His employer decides to downgrade him to research assistant on the project. The man feels as though he has been discriminated against.â€
However, an added complexity to the whole process suggests certain diagnosed long-term mental illnesses may yet be included under the DDA – including depression, self-harm and conditions which fall within the Autistic Spectrum Disorder, such as Asperger’s Syndrome – as the DDA may also incorporate the Mental Incapacity Bill and Mental Health Bill.
Latest feedback from the DWP says with such conditions individuals may still be required to demonstrate they are unable to carry out “normal†day-to-day activities, in cases where they have problems with mobility; speech, hearing or eyesight; as well as memory or ability to concentrate, learn or understand in order to qualify under the DDA.
Some of the Act’s requirements could be enforced from December 2005.
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Posted by sylvia on Saturday, August 21, 2004 (20:51:37) (2221 reads)
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