DDA Factsheet 3: Definition of Disability

DDA Factsheet 3: Definition of disability

This factsheet forms part of a set of RNIB DDA factsheets, all of which are available in alternative formats.

This factsheet concentrates mainly on how the definition within the Act affects blind and partially sighted people. Anyone wanting information on how the definition applies to other impairments should consult the Act itself, in conjunction with the Regulations and the Government's Guidance on the Definition of Disability.

If I consider myself as disabled, am I covered by the Act?

Simply regarding oneself as having been discriminated against on grounds of disability is not enough. The Act states that you

“must have a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day to day activities”.

However, certain people are automatically deemed to be disabled within the meaning of the Act - see below for further details

Can this definition cover blind and partially sighted people?

Yes. Sensory impairments are regarded as physical impairments and are therefore covered.

From 14 April 2003, if you have been certified as blind or partially sighted by a consultant ophthalmologist, or if you are registered as blind or partially sighted with a local authority, you will automatically be regarded as disabled for the purposes of the act [although this does not apply to Northern Ireland]. If you are not certified, or registered as blind or partially sighted, you may still meet the act's definition of Disability. You should follow the steps set out below to see if you are covered.

Does the Act automatically cover any other people?

Yes. As indicated above, if you are certified as blind or partially sighted, or if you are registered as blind or partially sighted you will be covered.

If you face discrimination based on a disability, that you have had in the past but have subsequently recovered from, you will be covered.

You will also be automatically covered if you have a severe disfigurement, cancer, HIV or MS.

Some progressive conditions that may not fall into the categorisation of impairments with an immediate substantial or long-term adverse effect will be covered.

Are there any conditions specifically excluded from the definition?

Yes. Regulations exclude some named conditions such as hay fever.

However, substantial and long-term adverse effects, which result from these named conditions, would be covered.

How will a substantial adverse effect be determined?

A number of factors should be taken into account in determining what is a substantial effect. These are the most important ones for blind and partially sighted people:

How much time is taken to complete a task – a visually impaired person may take substantially longer to do so.
How the task is completed – a partially sighted person may be able to read newsprint as a one-off but repeating the task may cause undue fatigue.
The cumulative effect of minor impairments should be considered – an older person might have some difficulty reading, have mild arthritis, and slight hearing loss. The cumulative effect of these conditions may be enough for 'a substantial adverse effect' to apply.
The environment – whilst some visually impaired people might be fully functional on normal cloudy days, night time or clear sunny days, this might have a substantial effect on others.
If a person wears glasses or contact lenses to correct their vision, the 'substantial adverse effect' would be judged with the glasses or contact lenses worn.

What will be considered as a long-term effect?

Any condition which has lasted at least 12 months, which is likely to last at least 12 months or which is likely to last for the rest of the person's life.

Conditions which are currently dormant may also be covered, but this would be based on how likely the condition is to recur.

What will be considered as 'normal day to day activities'?

The activity must be considered as normal to most people and carried out by most people on a daily or frequent basis.

The Act lists a number of activities which have to be affected in order to be classed as having an impact on normal day-to-day activities – this includes eyesight.

Impairments which only have an impact on one individual's work or special interests will not be covered (although many types of work or specialised hobby, sport or pastime may still involve normal day-to-day activities which would count under the Act. For example; sitting down, standing up, walking, running, verbal interaction, writing, making a cup of tea, using everyday objects such as a keyboard, and lifting, moving or carrying everyday objects such as chairs.)

For blind and partially sighted people, what is likely to constitute a 'substantial adverse effect'?

The Government's Guidance (for more details on this, see below) provides a number of examples (though this is not an exhaustive list):

Inability to see to pass the eyesight test for a standard driving test (however where this is corrected by glasses, this is not a substantial adverse effect).
Difficulty recognising by sight a known person across a moderately-sized room (unless this can be corrected by glasses).
Inability to distinguish any colours at all.
Difficulty reading ordinary newsprint (unless this can be corrected by reading glasses).
Difficulty walking safely without bumping into things (unless this can be corrected by glasses).

Which types of activities are not likely to constitute 'a substantial adverse effect'?

Again the Guidance provides some examples:

Inability to read very small or indistinct print without the aid of a magnifying glass (RNIB interprets this as meaning print that is so small that a fully sighted person would have difficulty in reading without a magnifier).
Inability to distinguish a known person across a substantial distance (for example, playing field).
Inability to distinguish between red and green.

So will blind and partially sighted people be covered by the Act?

The definition does not depend on point scoring - the visually impaired person only has to fulfil one of the examples mentioned above to qualify under the Act.

Many blind and partially sighted people will be deemed to be disabled because of their having been certified or registered as blind or partially sighted: otherwise, they will have to fit within the definition as outlined here.

What if I have monocular vision?

If you have monocular vision, you will have to show that you fall within the definition of disability under the Act i.e. that you have a 'a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day to day activities'.

Whether you fall within the definition if likely to depend on the effect on you of your monocular vision - you will need to seek advice on this from someone familiar with the Act.

The guidance referred to above does say the following about monocular vision “Account should be taken of the possible effects on a person who has monocular vision, particularly if the sight in the remaining eye is compromised in any way.”

Where can I get further information?

The Government has published Guidance giving further information including examples. This has to be taken into consideration by courts and tribunals when there is a dispute over definition. This publication (called ’Guidance on matters to be taken into account in determining questions relating to the definition of disability‘) can be obtained from the Stationary Office or you can look at it and download it from the Equality & Human Rights Commission (formerly Disability Rights Commission) website (

Please note that on 28 September 2007 the Disability Rights Commission closed. However, their website is still available but will be no longer updated.

On 1 October 2007 The Equality and Human Rights Commission[EHRC] replaced the three former equality commissions: the Commission for Racial Equality (CRE), the Disability Rights Commission (DRC) and the Equal Opportunities Commission (EOC). The Equality and Human Rights Commission is a non-departmental public body (NDPB) established under the Equality Act 2006 – accountable for its public funds, but independent of government. The new commission is working to eliminate discrimination, reduce inequality, protect human rights and to build good relations, ensuring that everyone has a fair chance to participate in society.

The EHRC has taken over the function of the former DRC. The EHRC commission deals with disability discrimination as well as discrimination on the grounds of race, gender, age, religion and sexual orientation, as well as providing advice and information on the Human Rights Act. Any references to the DRC should also be read as references to the EHRC after October 2007.

RNIB is committed to achieving comprehensive civil rights for all disabled people. The Disability Discrimination Act, although much improved, does not deliver all these rights. Wee will continue to campaign for additional legislation, such as a Single Equality Act, and attitudinal change within society to deliver this goal, as well as for the delivery of high quality services for all blind and partially sighted people."

RNIB Helpline 0303 123 9999: Information, support and advice for anyone with a serious sight problem.

This factsheet is not an authoritative statement of the law. Whilst we have made every effort to ensure that the information we have provided is correct, we cannot accept any responsibility or liability.

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RNIB July 2007