Equality and Human Rights Commission

In most cases, the treatment or equipment that you may use for your disability or health condition should not be considered in deciding whether you are ‘disabled’ in terms of the law. Even if the impairment is not obvious, but without treatment would create substantial adverse effects, then it would still satisfy this part of the definition. In most cases, the law applies to you if your condition would have a big effect on you, were it not for medication or treatment.

So, for example, a person who takes medication for epilepsy which controls the condition well should consider the effect on day-to-day living if they did not take the medication. If epilepsy would have a ‘substantial’ effect on them without medication, then this part of the definition would be satisfied.

The only exception is glasses or contact lenses: those people whose impairment is corrected by glasses or lenses are not covered.

However, if you are certified as blind or partially sighted by a consultant ophthalmologist, or registered as blind or partially sighted with a local authority, you will be automatically considered as ‘disabled’. You do not have to show that your condition satisfies the definition set out in the DDA.

If you have cancer, HIV or multiple sclerosis, you will automatically be considered as ‘disabled’ under the DDA. Read more about this in Rights for people with MS, cancer or HIV.

People who have other progressive illnesses, such as rheumatoid arthritis, are subject to special provisions in the DDA. A progressive condition is regarded as having a substantial adverse effect from the moment any impairment resulting from that condition has some effect on your ability to carry out normal day-to-day activities.

Severe disfigurements are regarded as having a substantial adverse effect on your ability to carry out normal day-to-day activities, and you do not have to demonstrate or prove this. The degree and positioning of the disfigurement may need to be taken into account, not the effect on day-to-day activities.