The definition of disability

The DDA says that a disability is a physical or mental impairment:

• which has a substantial
• and long-term
• adverse effect on your ability to carry out normal day-to-day activities.

Physical impairment
A physical impairment can include a sensory impairment such as a visual or hearing impairment.
Some physical impairments automatically meet the definition of disability:

• People who are registered blind or partially-sighted
• People with severe disfigurements (for more information, see below)

Mental impairment
Mental impairment is not defined in the DDA but includes a wide range of impairments relating to mental functioning, including learning disabilities.

A mental impairment could be a life-long condition such as Down's syndrome or dyslexia (but depending on how severe the dyslexia is).

A mental impairment could also be a mental illness, for example depression, schizophrenia, bi-polar disorder and post-traumatic stress disorder.

Substantial adverse effect
You must also show that your impairment ? whether physical or mental ? has a 'substantial adverse effect' on your ability to carry out day-to-day activities.

Substantial means 'more than minor or trivial'. Adverse means very unfavourable. To decide if an impairment has a substantial adverse effect on your day-to-day activities, think about:

• the total, overall effects of your impairment (for example, if you have mild cerebral palsy you might have minor effects in a number of areas such as poor visual perception, poor co-ordination and balance and difficulties walking when tired but when these all happen together, the impact on you might be substantial)
• the overall effects of having more than one impairment
• the effect of factors such as temperature, time of day, humidity and tiredness
• the effect of any treatment or coping strategies. This is important because even when an impairment is being treated (for example, by medication or physiotherapy) or corrected the impairment should be assessed on the effects the disability would have without any treatment or corrective action. Think about what effects your disability would have on your day-to-day activities if you were not receiving any treatment.

Long term
You must also show that the effects of your impairment are long-term. This means that the effects of your impairment(s):

• must have lasted for at least 12 months,
OR

• is likely to last for at least 12 months

Sometimes the effects of an impairment disappear for a while then return; in other words they fluctuate. Fluctuating conditions are covered by the definition of disability, as long as the substantial adverse effects are more likely than not to come back again.

Normal day-to-day activities
The DDA states that one or more of the following must be affected in a substantial and adverse way:

• 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

A normal day-to-day activity is something that is 'normal' for most people, and that is carried out on a daily or regular basis.
Normal day-to-day activities do not include activities that are only normal for a particular person or a group of people. The DDA does not count work and hobbies as normal day-to-day activities. This is because no particular job or hobby is 'normal' for most people.

However, some activities you carry out whilst at work or as part of a hobby, for example, writing - would be included.

When thinking about whether an impairment affects your normal day-to-day activities, think about:

• tasks you cannot do
• tasks you avoid doing
• the time and effort you spend on a task or activity
• any indignity, discomfort or pain you experience while doing a task

Examples of a substantial, adverse effect on normal day-to-day activities could include:

• difficulty in lifting or carrying shopping
• difficulty in going up or down stairs or steps
• inability to use a knife and fork at the same time
• frequent loss of control of the bowels
• inability to speak clearly enough to give basic instructions to another person
• inability to hear and understand another person speaking clearly over the telephone
• inability to write a cheque without help
• persistent inability to remember the names of familiar people such as family or friends