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disability · legal

Disability

Legal - UK (Equality Act 2010)

Definition

Physical/mental impairment with a substantial, long-term negative effect on normal daily activities.

Prerequisite chain

  1. Condition. A physical/mental impairment exists
  2. Functional status. A normal daily activity is substantially, long-term affected
  3. Applied test. Tested WITHOUT medication or aids - imagine the person untreated
Assessment basis (treatment / aids) — Assessed without accounting for medication or aids (e.g. prostheses, hearing aids, oxygen therapy) - you must imagine the person without their treatment or equipment.

Qualifiers

  • Severity. "Substantial" = more than minor/trivial
  • Duration. ">=12 months or for life"
  • Scope. Normal daily activities (mobility, manual dexterity, coordination, continence, ability to lift/carry)
  • Other. Assessed without aids

Impact

Negatively affects "normal daily activities".

Example

A diabetic whose condition is fully controlled by insulin is still legally "disabled", because the assessment ignores the insulin's effect.

Source: Equality Act 2010 (UK), Schedule 1

Language map: disability · Incapacity · Mitigated-state trap

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