Published on 12, July, 2020
Hi,
As some of you may know I was diagnosed with ASD in 2009 by NHS CAMHS. The Consultant Child and Adolescent Psychiatrist referred to the ASD as a Learning Disability (LD), in the sense I have difficulties in learning in different aspects of my life and not soley in education.
My current Consultant Psychiatrist and she agrees with the LD statement made by my earlier Consultant; though I am High Functioning.
The current Consultant doesn't believe I apply to LD definition used within the Transport Act 2000. This is the law which governs the National English Concessionary Bus Pass for people with the defined disabilties.
My previous Consultant at CMHS agreed with the above definition and this helped me get the much needed bus pass originally.
The Act's definition of LD is "A state of arrested or incomplete physical development of the brain, which results in severe impairment of intelligence and social functioning" and you have an IQ less than 70).
I know on the NAS's website that for DLA purposes there is a similar defition used for Severe Mental Impairment (SMI) and that the NAS doesn't believe that IQ is an accurate tool to measure an autistic person's intelligance.
"People with autism may do well in abstract intelligence tests but sometimes cannot apply their intelligence in a useful way in the real world. An IQ test can give a misleading impression of 'useful intelligence'".
There is also some Case Law on this matter.
[Read More: http://www.autism.org.uk/living-with-autism/benefits-and-community-care/disability-living-allowance/ ].
I just don't know on how to convience my current Consultant on helping in my bus pass renewal. This is the last piece of evidance they require. I also don't get for two similar processess there is soo much discrepency in the laws.
The bus pass scheme would not only be benifical for people with ASD (all sides of the spectrum) but also those with Social Anxiety too.
I also have OCD and GAD but don't want to go down the mental health route as I'm not used to that and not comfortable with it.
The other option is that I try to convince my Consultant that Autism is also a Physical Disability (PD) as heighlighted by the same DLA thread.
The NAS has written that "Unable or virtually unable to walk because of a physical disability (autism is recognised as a physical disability because it is caused by an 'organic brain dysfunction'".
The NAS provide no further info on this or more evidance to back it up.
Any advice or sugesstions would be great
According to https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/3621/travelconcession.pdf
1.7 An eligible disabled person is someone who:
a. Is blind or partially sighted
b. Is profoundly or severely deaf
c. Is without speech
d. Has a disability, or has suffered an injury, which has a substantial and longterm adverse effect on his or her ability to walk
e. Does not have arms or has long-term loss of the use of both arms
f. Has a learning disability, that is, a state of arrested or incomplete development
of mind which includes significant impairment of intelligence and social
functioning
g. Would, if he or she applied for the grant of a licence to drive a motor vehicle
under Part III of the Road Traffic Act 1988, have his/her application refused
pursuant to section 92 of the Act (physical fitness) otherwise than on the
ground of persistent misuse of drugs or alcohol.
Obviously we are looking at the "f." reason - given that Asperger's Syndrome is a triad of impairments, ie
(http://www.autism.org.uk/about-autism/autism-and-asperger-syndrome-an-introduction/what-is-asperger-syndrome.aspx)
I would say that you definitely qualify. My Doctor returned my form claiming that Asperger's wasn't a learning disabillity - I will be replying pointing out that the criteria for eligibility is badly worded and it can't possibly mean that someone who has significantly low intelligence but has no social problems qualifies and someone with severe social problems but higher intelligence (ie Asperger's) doesn't. I'll also enclose the Asperger's Syndrome leaflet too.