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Disability Discrimination Act 2005

The Disability Discrimination Act 2005 guidelines on Disability states that you are disabled if you have;

  • A mental or physical impairment that has an adverse effect on your ability to carry out normal day-to-day activities.
  • If the disability has badly affected the ability to carry out normal day-to-day activities, but doesn’t any more, it will still be counted as having that effect if it is likely to do so again.
  • If it is a progressive condition such as HIV or multiple sclerosis or arthritis, and it will badly affect your ability to carry out normal day-to-day activities in the future, it will be treated as having a bad effect on you now - past disabilities are covered

What are “normal day-to-day activities”?

At least one of these areas must be badly affected:

  • Mobility
  • Manual dexterity
  • Physical co-ordination
  • Continence
  • Ability to lift, carry or move everyday objects
  • Speech, hearing or eyesight
  • Memory or ability to concentrate, learn or understand
  • Understanding of the risk of physical danger

It’s really important to think about the effect of a disability without treatment. The Act says that any treatment or correction should not be taken into account, including medical treatment or the use of a prosthesis or other aid.

The only things, which are taken into account, are glasses or contact lenses. The important thing is to understand exactly how a disability affects a person. Remember to concentrate on what they can’t do, or find difficult, rather than what they can do. For example, if they have a hearing disability, being unable to hold a conversation with someone talking normally in a moderately noisy place would be a bad effect. Being unable to hold a conversation in a very noisy place such as a factory floor would not.

If the disability affects their mobility, being unable to travel a short journey as a passenger in a vehicle would be a bad effect. So would only being able to walk slowly or with unsteady or jerky movements. But having difficulty walking without help for about 1.5 kilometres or a mile without having to stop would not.

For more information about the disability discrimination Act 2005
www.legislation.gov.uk/ukpga/2005/13/contents
The Equality and Human Rights Commission www.equalityhumanrights.com
Note:- I, Iain Tait work with web sites a lot, I find the Equality and Human Rights Commission very confusing and often get lost on this web site.

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