- What counts as a disability according
to the law?
Answer: The Disability Discrimination
Act (DDA) protects disabled people. The Act sets out the
circumstances in which a person is "disabled".
It says you are disabled if you have:
- a mental or physical impairment
- this has an adverse effect on your ability to carry
out normal day-to-day activities
- the adverse effect is substantial - the adverse
effect is long-term (meaning it has lasted for 12
months, or is likely to last for more than 12 months
or for the rest of your life).
There are some special provisions, for example:
- if your disability has badly 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 such as HIV
or multiple sclerosis or arthritis, and it will badly
affect your ability to carry out normal day-to-day
activities in the future, it will be treated as having
a bad effect on you now
- past disabilities are covered.
- What are "normal day-to-day
activities"?
Answer: At least one of
these areas must be badly affected:
- mobility
- manual dexterity
- physical co-ordination
- continence
- ability to lift, carry or move everyday objects
- speech, hearing or eyesight
- memory or ability to concentrate, learn or understand
- understanding of the risk of physical danger
It's really important to think about the effect of your
disability without treatment. The Act says that any treatment
or correction should not be taken into account, including
medical treatment or the use of a prosthesis or other
aid (for example, a hearing aid). The only things which
are taken into account are glasses or contact lenses.
The important thing is to work out exactly how your disability
affects you. Remember to concentrate on what you can't
do, or find difficult, rather than what you can do. For
example, if you have a hearing disability, being unable
to hold a conversation with someone talking normally in
a moderately noisy place would be a bad effect. Being
unable to hold a conversation in a very noisy place such
as a factory floor would not. If your disability affects
your mobility, being unable to travel a short journey
as a passenger in a vehicle would be a bad effect. So
would only being able to walk slowly or with unsteady
or jerky movements. But having difficulty walking without
help for about 1.5 kilometres or a mile without having
to stop would not.
- What does not count as a disability?
Answer: Certain conditions
are not considered impairments under the DDA:
- lifestyle choices such as tattoos and non-medical
piercings
- tendency to steal, set fires, and physical or sexual
abuse of others
- exhibitionism and voyeurism
- howfever, if it doesn't aggravate the effects of
an existing condition
- addiction to or a dependency on alcohol, nicotine
or any other substance, other than the substance being
medically prescribed.
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