When a person is considered to have a disability
Description of those people who are legally defined as disabled under the Disability Discrimination Act 1995.
In general, a person is considered to have a disability for the purposes of the if they have a physical or mental impairment, which has a substantial, long-term and adverse effect on their ability to carry out normal day-to-day activities.
The Disability Discrimination Act bans disability discrimination by service providers against service-users with disabilities. The law gives people with disabilities important rights on . It also protects the disabled from discrimination by employers against job seekers and employees with disabilities.
See how to improve access for disabled people.
Defining disability
Impairments
Impairments include:
- physical, eg mobility impairments
- mental, eg learning disabilities and some mental illnesses if severe and long term
- sensory, eg hearing impairments or visual impairments
Substantial
Substantial means more than minor or trivial.
Long-term condition
Long-term means the impairment has lasted, or is likely to last:
- for at least 12 months
- for the rest of the life of that person
Activities
Normal day-to-day activities means activities carried out by most people on a regular and frequent basis.
What is not legally deemed a disability?
Conditions not considered to be a disability for the purposes of the Disability Discrimination Act include:
- addiction to alcohol, cigarettes or other drugs - unless they result from drugs that have been prescribed by a doctor
- seasonal allergic rhinitis (including hay fever)
- a tendency to start fires
- a tendency to steal
- a tendency to physically or sexually abuse other people
- exhibitionism
- voyeurism
.