This means for an individual to be covered by the Act's definition of Disability:
-
they must have an impairment , that is either mental or physical, which
includes
sensory impairment (such as hearing or vision). -
the impairment must have adverse effects which are substantial; e.g. non trivial or goes beyond normal differences between people.
-
the substantial effects must be long term; either the effect must have lasted 12 months or is likely to have an effect for at least 12 months.
-
the long term substantial effects must have an adverse effect on normal day-to-day activities.
it is important to note the following:
- someone with a Mental Health condition additionally requires that the illness is 'clinically well recognised' to be covered by the DDA's definition of disability.
- a person who has recovered from a disability, which was covered by the definition in the Act, is still covered by the legislation and is protected from discrimination.
- it does not automatically follow that if an individual is receiving
disability benefits that they meet the criteria of disability under
the Act.
the legislation recognises the compound effect of multiple disabilities which individually would not constitute a disability as defined by the DDA. - if someone has a progressive impairment such as multiple sclerosis it is not necessary to show that the condition is having a substantial effect currently to be covered by the DDA. But it is necessary that the condition does have some effect on the individual's ability to perform day to day activities and the condition is likely to have a substantial adverse effect in the future.
