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Definition of disability under the Act
What is a disability?
The DDA gives rights to disabled people who have, or have had, a disability which makes it difficult for them to carry out normal day-to-day activities. The term ‘disability’ covers both physical and mental impairments that have a substantial and long-term (i.e. has lasted or is expected to last for at least 12 months) effect on the person's ability to carry out normal day-to-day activities. Normal day-to-day activities are ones that involve:
- mobility
- manual dexterity
- physical co-ordination
- continence
- ability to lift, carry, or otherwise move everyday objects
- speech, hearing or eyesight
- memory or ability to concentrate, learn or understand
- perception of the risk of physical danger.
Medical or other treatment and aids, which alleviate or remove the effect of the impairment, are to be disregarded when assessing whether the impairment has a substantial adverse effect on normal day-to-day activities.
The only exceptions are people who wear spectacles or contact lenses – the effect on them must be assessed while the person is wearing the spectacles or contact lenses.
Progressive conditions, which have a slight effect on day-to-day activities but are expected to become substantial effect for short periods but are likely to recur. Severe disfigurement is also classed as a disability.
People who have had a disability in the part which has a substantial adverse effect on their normal day-to-day activities for a period of at least 12 months are also protected by the Act. This is the case even if their disability existed before the DDA came into force and they have now fully recovered.
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