Questioning my legal status (Aspergers)

I had a look a the qualifications required for a disabled person for a concessionary pass in Scotland.

One of the chaps from my aspie group has one and I thought, is that automatic as a result of an Autism/Aspergers diagnosis?

Now, to figure that out I went between Transport Scotland and SPT websites and there’s reference between each other’s website.

The first gatepost is DLA or PIP being granted.

Transport Scotland refer to the Mental Health (Care and Treatment) (Scotland) Act 2003 as another route.

Now this has a clause referring to mental disorders and classing mental illness, personality disorder and learning disability as mental disorders.

Now, as far as I can tell I have a Learning Disability (that’s what Aspergers is defined as)  under the terms of the act and definitions that I’ve been able to find. 

The definition under The Equality Act 2010 is a different paragraph and there isn’t the equivalent of the Autism Act in Scotland.

The doozie is that under that section in the Transport Scotland website there is then a section on learning disability written by Enable Scotland in clear and easy English obviously for those with a learning disability and that have a carer. 

It’s not so suitable for me as my difficulty is more in terms of social communication than understanding what I need to do. 

Unfortunately my condition is in with other types of learning disability that are quite different.

But in the clear and simple English you contact the council for a set of forms if you are DLA/PIP or if you’re not.

Concessionary Travel in Renfrewshire is administered by SPT as a historic overhang from the Strathclyde Region Passenger Transport Executive.

SPT refer back to Transport Scotland under their concession section and the NCT001 form.

But, the easy to read Enable Scotland guide says you need NCT001 and NCT002a if you don’t already receive DLA or PIP.

Now, there is an Adults with Incapacity (Scotland) Act, but it won’t necessarily apply to me as I have ability to make decisions for myself and I wouldn’t trust a guardian or some family member with power of attorney. I may need support at times, but not my legal capacity removed from me.

The Adult Support and Protection (Scotland) Act 2007 is a piece of legislation meant to protect vulnerable adults. Again my diagnosis may come under that and I’m aware of the protection it can offer in terms of discrimination or possible abuse I may suffer from other adults. 

So, there’s no clear legal position, I can see that clearly helps me, I’m protected by a couple of different acts.

I’m defined as having a Mental Disorder. I’m defined as having a learning disability. I could potentially be detained for treatment if I had a public meltdown.

There are proposals to amend the laws they may not change until 2018.

But in terms of help or support for me as an Autistic Adult, there’s nothing. Diagnosis, a post diagnosis course and then the void of nothing.

As I’ve previously blogged, the DWP have stiffed me in terms of a written application for PIP by claiming to lose my application.

I’ve had no other help or support from the NHS in Scotland, Social Care or my local council. If I want something then I must ask, pursue myself. 

It’s tiring. It’s frustrating.


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