Statutory definition of disability;
A physical or mental impairment that has either a substantial, adverse and/or long-term effect (lasting or expected to last for at least 12 calendar months) on a person's ability to carry out normal day-to-day activities, these may include (but not be restricted to) the following;
- physical impairments affecting the senses, such as sight and/or hearing
- mental impairments including learning disabilities and/or mental illness (if it is recognised by a respected body of medical opinion)
Registered disabled people
Any person registered as a disabled person under the Disabled Persons (Employment) Act 1944, or the Disabled Persons (Employment) Act (Northern Ireland) 1945, on both
- 12 January 1995 and 2 December 1996 when the legislation was first introduced into Parliament
is to be treated as having a disability, for the purposes of the (DDA), for three years from the latter date. They do not have to prove they meet the new definition of disability for this three-year period.
How do I determine whether an individual is disabled?
Both employers and service providers must consider a wide range of disabilities;
This could include people with a range of disabilities such as
- Sensory disabilities - for instance, blind and visually impaired people and hearing impaired people;
- Learning disabilities / mental impairments;
- Physical disabilities; particularly if the condition has some effect on their ability to carry out normal day-to-day activities. (Note: people with progressive illnesses such as cancer, HIV infection and multiple sclerosis have since been referenced within the draft Disability Bill - December 2003)
- Severe disfigurements;
- Impairments helped or assisted by treatment or artificial aids; (such as an artificial limb)
- Genetic predispositions; e.g. Parkinson's Disease, Huntington's Chorea
Past disabilities
The definition also covers people who have had a disability in the past. If a person once had a disability, which is covered by the (DDA), they are still protected if they have recovered.
Further consideration should be given to those individuals who (albeit discretely) may have more than one disability, or those individuals who may have unseen disabilities such as epilepsy.
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