Definition of disability

The Disability Discrimination Act (DDA) sets out the circumstances in which a person is 'disabled'.

The Act says you are disabled if you have a mental or physical impairment that has a substantial adverse effect on your ability to carry out normal day-to-day activities and the effect is long-term (meaning it has lasted, or is likely to last for more than 12 months).

'Day-to-day activities' include:

  • mobility
  • manual dexterity
  • physical co-ordination
  • continence
  • ability to lift, carry or move everyday objects
  • speech, hearing or eyesight (N.B. the need for glasses or contact lenses is not considered a disability)
  • memory or ability to concentrate, learn or understand
  • perception of the risk of physical danger.

There are some special provisions, for example:

  • if you have been diagnosed as having cancer, HIV infection or multiple sclerosis you will be considered 'disabled'.
  • if you are registered as blind or partially sighted or certified as blind or partially sighted by a consultant ophthalmologist, you will be considered as "disabled".
  • If your impairment has substantially affected your ability to carry out normal day-to-day activities, but doesn't any more, it will still be counted as having that effect if it is likely to do so again.
  • if you have a progressive condition, and it will substantially affect your ability to carry out normal day-to-day activities in the future, you will be regarded as having an impairment which has a substantial adverse effect from the moment the condition has some effect on your ability to carry out normal day to day activities.

For more information please visit Directgov.