There's also the question of the added stress and the fact that people who are disabled tend, overall, to be relatively poor and so the stress of potentially losing a large sum of money would be greater.
I certainly think there is a potential case here, though I am not a lawyer so that comment is worth precisely what you paid for it! It will be interesting to see if someone (e.g. perhaps Mr Paulley?) considers bringing one.
I am not a lawyer either, but I am looking at collecting as much information/evidence as possible at the moment. In addition to my complaints with the rail companies, I am pursuing this through my MP, as the responsibility for this change seems to sit with the Department for Transport.
Ideally, the forthcoming changes will be amended but, if not, then it is likely, at some point in the future, I will be affected by this change. Therefore, if I have a refund rejected, I am currently looking at two pieces of legislation to support such a claim:
1) The Consumer Rights Act 2015, in particular section 62 and particularly subsection 6 which states "
A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer."; and
2) The Equality Act 2010, in particular section 19 which covers Indirect Discrimination against a protected group. Rather than quote the Act itself it is easier to quote the accompanying Explanatory Notes and, in particular note 78 which states "
Indirect discrimination occurs when a policy which applies in the same way for everybody has an effect which particularly disadvantages people with a protected characteristic. Where a particular group is disadvantaged in this way, a person in that group is indirectly discriminated against if he or she is put at that disadvantage, unless the person applying the policy can justify it" and note 79 which states "
Indirect discrimination can also occur when a policy would put a person at a disadvantage if it were applied. This means, for example, that where a person is deterred from doing something, such as applying for a job or taking up an offer of service, because a policy which would be applied would result in his or her disadvantage, this may also be indirect discrimination.".