Disability Discrimination Act 1995

The definition of Disability as defined by: DISABILITY DISCRIMINATION ACT 1995 – Amendment Act 2005

What the Act means by disability
Disability is defined as:
A physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

Impairment
The definition covers physical and mental impairments. These include:

Physical impairments affecting the senses, such as sight and hearing
Mental impairments including learning disabilities and mental illness, including depression

Substantial
For an effect to be substantial, it must be more than minor.

The following are examples that are likely to be considered substantial:

Inability to see moving traffic clearly enough to cross a road safely
Inability to turn taps or knobs
Inability to remember and relay a simple message correctly

Long-term
These are effects that:
Have lasted at least 12 months; or are likely to last at least 12 months; or are likely to last for the rest of the life of the person affected.

Long-term effects include those which are likely to recur. For example, an effect will be considered to be long-term if it is likely both to recur and to do so, at least once beyond the 12 month period following the first occurrence.

Exceptions to this definition are listed under “Progressive Conditions”.

Day-to-day activities
Day-to-day activities are normal activities carried out by most people on a regular basis, and must involve one of the following broad categories:

Mobility – moving from place to place
Manual dexterity – for example, use of the hands
Physical co-ordination
Continence
The ability to lift, carry or move ordinary objects
Speech, hearing or eyesight
Memory, or ability to concentrate, learn or understand
Being able to recognise physical danger
Being aware of one’s surroundings

PARTICULAR CASES OR CONDITIONS

Severe disfigurements
The Act’s definition treats severe disfigurements as disabilities, although they may not have an effect on a person’s ability to carry out normal day-to-day activities because, severe disfigurement could affect a person’s ability to enjoy a normal social life or gain employment.

Progressive Conditions
The Act covers progressive conditions where impairments are likely to become substantial. Examples of progressive conditions include cancer, HIV infection; multiple sclerosis; muscular dystrophy.

Note:  In the cases of some progressive conditions, such as HIV and cancer, the person affected is covered by the Act from diagnosis and the ’12 month’ rule does not apply.

Past disabilities
The definition covers people who have had a disability in the past. If a person once had a disability, which is covered by the Act, they are still protected if they have recovered or are in remission. This applies even if they recovered before the Act came into force.

Ability Northants
September 2005

To view full DDA document go to www.direct.gov.uk/disability