04. What counts as a disability?

The Disability Discrimination Act says that a disabled person is someone with a physical or mental 'impairment' which has 'a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities'. The exact meaning of this is important in deciding whether you count as disabled for the purposes of the law. If you want to make a claim that you have been discriminated against because of a disability, you may need an expert medical opinion to back you up.

A 'substantial adverse effect' is something which limits your ability in more than a minor or trivial way. 'Normal day-to-day activities' are things that most people can do on a fairly regular basis, such as:

• cooking a meal; or
• catching a bus.

But they don't include things like:

• playing a musical instrument; or
• using specialist machinery.

'Long-term' means the effect:

• has lasted at least 12 months;
• is likely to last at least 12 months; or
• is likely to last for the rest of your life.

This means that, for example, if you have problems getting around because you have a broken leg, which is likely to heal within 12 months, you would not normally count as a person with a disability.

'Impairment' includes:

• physical disabilities (such as having to use a wheelchair, or having poor sight or hearing); and
• learning disabilities and mental ill-health.

The Act lists eight kinds of ability and says that if your condition affects one or more of these, your ability to carry out normal day-to-day activities will be affected. They are:

• mobility (getting around);
• manual dexterity (using your hands);
• physical co-ordination;
• continence (being in full control of body functions, such as passing urine);
• being able to lift, carry or move everyday objects;
• speech, hearing or eyesight;
• memory or ability to concentrate, learn or understand; and
• being aware of the risk of physical danger.

Some special cases
If your disability comes and goes, it counts as 'long-term' if the 'substantial adverse effect' is likely to come back 12 months or more after it started. If you have had a disability, you are protected from discrimination even if you no longer have it.

If you have an illness which is likely to get worse so that it eventually has a 'substantial adverse effect', you are covered by the Act from the time your illness began to affect your abilities. This includes, for example:

• cancer;
• multiple sclerosis;
• muscular dystrophy; and
• HIV infection.

What doesn't count as a disability
Certain conditions are not counted as 'impairments' under the Disability Discrimination Act.

Two examples are:

• addiction to or dependency on alcohol, nicotine, or any drug (unless it was medically prescribed); and
• hayfever-type allergies, except where they make another condition worse.

If you are not sure about whether a disability you have counts as an impairment under the Act, contact the Disability Rights Commission (see 'Further help').