Anaya Nolan
In the UK, disability is one of the nine 'protected characteristics' outlined in the Equality Act 2010. The Equality Act defines a person as disabled if they have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on their ability to carry out normal daily activities. The Act prohibits discrimination against disabled people in a range of circumstances, including work, education, and the provision of goods and services. It also protects people who are no longer disabled but had a disability in the past. While there is no exhaustive list of conditions or impairments that qualify as a disability, severe disfigurement is usually considered to be a disability.
| Characteristics | Values |
|---|---|
| Physical or mental impairment | Substantial and long-term negative effect on the ability to carry out normal day-to-day activities |
| Progressive condition | Likely to have a long-term effect on normal day-to-day activities |
| Poor mental health | Substantial adverse effect on the ability to carry out normal day-to-day activities |
| Neurodivergence | ADHD, autism, dyslexia, and dyspraxia |
| Protection from discrimination | Direct and indirect discrimination, harassment, and victimisation |
| Protection under the Equality Act 2010 | People who are no longer disabled but had a disability in the past |
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What You'll Learn
The Equality Act 2010
The Act defines a disabled person as someone with a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on their ability to carry out normal daily activities. 'Substantial' means more than minor or trivial, for example, it takes much longer than usual to complete a daily task like getting dressed. 'Long-term' means 12 months or more. A progressive condition is one that gets worse over time. People with progressive conditions can be classed as disabled as soon as the condition starts to have an effect on their normal day-to-day activities, as long as this is likely to be long-term.
Part 6 of the Act provides protection for disabled pupils and students by preventing discrimination against them at school or in post-16 education because of, or for a reason related to, their disability.
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Disability discrimination
The Equality Act 2010 defines a person as disabled if they have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on their ability to perform normal daily activities. The term 'substantial' refers to an effect that is more than minor or trivial, significantly impacting the duration or ease of performing daily tasks. This definition covers a wide range of conditions and impairments, including physical disabilities, mental health conditions, progressive illnesses, and neurodivergence such as ADHD, autism, dyslexia, and dyspraxia.
The Equality Act 2010 protects individuals with disabilities from discrimination in various aspects of life, including work, education, access to goods and services, public functions, premises, and associations. It covers both direct and indirect discrimination, harassment, and victimisation. For example, if an employee with a disability is harassed at work due to their condition or a past mental health issue, this would constitute disability discrimination.
The Act also protects individuals who are wrongly perceived to be disabled, as well as those who have had a disability in the past but no longer do. This protection extends to situations where an individual is discriminated against due to their association with a disabled person.
It is important to note that the law focuses on the impact of an individual's impairment rather than the impairment itself. This means that the definition of disability is not limited to a specific list of conditions but considers how a person's abilities are affected in their daily life.
If an individual experiences disability discrimination, they have legal recourse to challenge this unfair treatment under the Equality Act 2010.
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Progressive conditions
In the UK, a person is considered to have a disability if they have a physical or mental impairment that has a "substantial" and "long-term" negative effect on their ability to carry out normal daily activities. This definition is outlined in the Equality Act 2010, which provides protection from discrimination for people with disabilities.
Now, when it comes to progressive conditions, the law recognises that someone with such a condition is considered to have a disability as soon as the condition starts impacting their normal day-to-day activities, even if the effects are not yet substantial, provided they are likely to become substantial in the future. This is because progressive conditions are, by nature, long-term and expected to worsen over time.
The legal test for disability considers the impact of the condition without any medication or treatment. For instance, if an individual with arthritis relies on a walking stick, the test would consider how challenging it would be for them to walk without that aid.
In summary, UK law takes a functional approach to defining disability, focusing on how a person's abilities are impacted in their daily life. Progressive conditions are recognised as disabilities when they start affecting a person's daily activities, with the understanding that these effects are likely to become more substantial over time.
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$14
Mental health
In the UK, a person is considered disabled under the Equality Act 2010 if they have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on their ability to carry out normal daily activities. This includes mental health conditions such as anxiety, depression, obsessive-compulsive disorder (OCD), autism, and personality disorders.
The focus of the law is on the effect of the mental health problem rather than the diagnosis. To be considered a disability, the condition must have more than a small effect on everyday life and last, or be expected to last, for at least 12 months. It is important to note that the impact of medication or treatment is not considered when determining if a mental health problem is a disability. For example, a person with long-term anxiety who is able to manage their symptoms through counselling would still have a disability under the Equality Act, as the law considers how the condition would affect them without treatment.
Additionally, progressive conditions, which are those that get worse over time, are also included under the definition of disability. This means that even if the impact on day-to-day activities is not substantial at the moment, if it is likely to become substantial in the future, it can still be considered a disability.
Disability discrimination legislation, such as the Equality Act, aims to protect individuals with disabilities from discrimination and provide them with rights and support in various areas of life, including employment, education, and the provision of goods and services. It is important to note that many people with mental health conditions may not consider themselves as having a disability, but they may still have rights protected by disability discrimination law.
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Benefits and financial support
If you are unable to work or can only work reduced hours due to sickness or disability, financial support is available. This support can come in the form of benefits, tax breaks, and grants.
Benefits
If you are unable to work, you will usually receive Statutory Sick Pay (SSP) from your employer for up to 28 weeks. If you are self-employed, or your SSP has run out, you may be able to claim Employment and Support Allowance (ESA), Personal Independence Payment (PIP), or Universal Credit. To qualify for New Style ESA, you need to have been paying National Insurance contributions for the past two to three years.
Other benefits include:
- Attendance Allowance: A tax-free benefit for people who are State Pension age or over, have a disability, and need help with care.
- Carer's Allowance: Extra money to help you look after someone with substantial care needs.
- Disability Living Allowance (DLA): For children with disabilities. DLA is being phased out and replaced by Personal Independence Payment (PIP) and Scottish Adult Disability Living Allowance.
- Industrial Injuries Disablement Benefit: For those injured while serving in the armed forces or who have health problems caused by mining.
- Vaccine Damage Payment.
Tax Breaks
If you are on a low income or live with someone with a disability, you may be able to get help with Council Tax payments. You may also be entitled to pay less if you need a larger or adapted property due to your disability.
Grants
You may be able to get a Disabled Facilities Grant to help with the cost of adapting your home or buying essential items.
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Frequently asked questions
According to the Equality Act 2010, a disability is defined as a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on a person's ability to carry out normal daily activities.
This means that the impairment causes more than just a minor impact on someone's life or how they perform certain tasks. It also includes situations where the impairment is likely to become substantial in the future, even if it is not currently substantial.
Yes, there are a small number of conditions that are automatically considered disabilities, such as severe disfigurement. However, it is not possible to provide an exhaustive list as each case is unique and should be assessed based on how the condition impacts the individual.
Yes, the Equality Act 2010 also protects individuals who are no longer disabled but had a disability in the past.
The Equality Act 2010 prohibits disability discrimination, which includes direct and indirect discrimination, harassment, and victimisation. This protection covers various aspects of life, such as the provision of goods and services, work, education, and associations.
