Adult Social Care Glossary, v 0.6

6 Disability

(1) A person (P) has a disability if—
(a) P has a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

(2) A reference to a disabled person is a reference to a person who has a disability.

(3) In relation to the protected characteristic of disability—
(a) a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;
(b) a reference to persons who share a protected characteristic is a reference to persons who have the same disability.

(4) This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)—
(a) a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and
(b) a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.

(5) A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).

(6) Schedule 1 (disability: supplementary provision) has effect.

Impairment

1 Regulations may make provision for a condition of a prescribed description to be, or not to be, an impairment.

Long-term effects

2 (1) The effect of an impairment is long-term if—
(a) it has lasted for at least 12 months,
(b) it is likely to last for at least 12 months, or
(c) it is likely to last for the rest of the life of the person affected.
(2) If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.
(3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be disregarded in such circumstances as may be prescribed.
(4) Regulations may prescribe circumstances in which, despite sub-paragraph (1), an effect is to be treated as being, or as not being, long-term.

Severe disfigurement

3 (1) An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.
(2) Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.
(3) The regulations may, in particular, make provision in relation to deliberately acquired disfigurement.

Substantial adverse effects

4 Regulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect.

Effect of medical treatment

5 (1) An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if—
(a) measures are being taken to treat or correct it, and
(b) but for that, it would be likely to have that effect.
(2) “Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.
(3) Sub-paragraph (1) does not apply—
(a) in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed;
(b) in relation to such other impairments as may be prescribed, in such circumstances as are prescribed.

Certain medical conditions

6 (1) Cancer, HIV infection and multiple sclerosis are each a disability.
(2) HIV infection is infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.

Deemed disability

7 (1) Regulations may provide for persons of prescribed descriptions to be treated as having disabilities.
(2) The regulations may prescribe circumstances in which a person who has a disability is to be treated as no longer having the disability.
(3)This paragraph does not affect the other provisions of this Schedule.

Progressive conditions

8 (1) This paragraph applies to a person (P) if—
(a) P has a progressive condition,
(b) as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but
(c) the effect is not (or was not) a substantial adverse effect.
(2) P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment.
(3)Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive.

Past disabilities

9 (1) A question as to whether a person had a disability at a particular time (“the relevant time”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time.
(2) The relevant time may be a time before the coming into force of the provision of this Act to which the question relates.

PART 2 - Determination of Disability

Addictions

3.—(1) Subject to paragraph (2) below, addiction to alcohol, nicotine or any other substance is to be treated as not amounting to an impairment for the purposes of the Act.

(2) Paragraph (1) above does not apply to addiction which was originally the result of administration of medically prescribed drugs or other medical treatment.

Other conditions not to be treated as impairments

4.—(1) For the purposes of the Act the following conditions are to be treated as not amounting to impairments:—
(a) a tendency to set fires,
(b) a tendency to steal,
(c) a tendency to physical or sexual abuse of other persons,
(d) exhibitionism, and
(e) voyeurism.

(2) Subject to paragraph (3) below, for the purposes of the Act the condition known as seasonal allergic rhinitis shall be treated as not amounting to an impairment.

(3) Paragraph (2) above shall not prevent that condition from being taken into account for the purposes of the Act where it aggravates the effect of any other condition.

Tattoos and piercings

5. For the purposes of paragraph 3 of Schedule 1 to the Act, a severe disfigurement is not to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if it consists of—
(a) a tattoo (which has not been removed), or
(b) a piercing of the body for decorative or other non-medical purposes, including any object attached through the piercing for such purposes.

Babies and young children

6. For the purposes of the Act, where a child under six years of age has an impairment which does not have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities, the impairment is to be taken to have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities where it would normally have that effect on the ability of a person aged 6 years or over to carry out normal day-to-day activities.

Persons deemed to have a disability

7. A person is deemed to have a disability, and hence to be a disabled person, for the purposes of the Act where that person is certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist.

Guidance issued under the Equality Act 2010 to clarify the definition of 'disability', 'substantial', 'long-term', and 'normal day-to-day activities' for the purpose of the Act.

Under the Equality Act 2010, a disabled PERSON is defined as "someone who has a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on their ability to do normal daily activities.

The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. The definition is quite wide - so check it even if you don’t think you’re disabled. For example, you might be covered if you have a learning difficulty, dyslexia or autism.

The definition is set out in section 6 of the Equality Act 2010. It says you’re disabled if:

- you have a physical or mental impairment
- that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities

Some impairments are automatically treated as a disability. You’ll be covered if you have:

- cancer, including skin growths that need removing before they become cancerous
- a visual impairment - this means you’re certified as blind, severely sight impaired, sight impaired or partially sighted
- multiple sclerosis
- an HIV infection - even if you don't have any symptoms
- a severe, long-term disfigurement - for example severe facial scarring or a skin disease

This section provides guidance on the survey questions to use when collecting information about disability. If a respondent says “yes” to the long lasting health conditions and illness standard question and then either “yes, a little” or “yes, a lot” to the activity restriction question then under the legal definition they are disabled.

Question: Do you have any physical or mental health conditions or illnesses lasting or expected to last 12 months or more?
Response options: Yes

Question: Does your condition or illness/do any of your conditions or illnesses reduce your ability to carry-out day-to-day activities?
Response options: Yes, a lot; Yes, a little

A person is not considered disabled if they say “yes”, they have a physical or mental health condition or illness lasting or expected to last for 12 months or more, but it does not restrict their activities.

The Equality Act 2010 describes disability as follows, “A person (P) has a disability if — (a) P has a physical or mental impairment, and (b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.” This term also has an existing Data Dictionary definition.