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Determination of disability |
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Separate and single services |
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Occupational pension schemes |
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Interested disabled person |
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Occupational requirements |
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Exceptions relating to age |
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Religious or belief-related discrimination |
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Disability discrimination |
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Single-sex institutions, etc. |
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Tribunals in England and Wales |
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Admissions and exclusions |
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Public authorities: general |
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Public authorities: relevant Welsh authorities |
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Public authorities: relevant Scottish authorities |
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Schedule 1: Disability: supplementary provision |
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634. Part 1 of this Schedule clarifies the definition of disability in clause 3 and provides a |
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number of regulation making powers to enable the definition to be amended at a later date if |
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635. Part 2 describes what can be included in guidance about the definition of disability |
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and prescribes adjudicating bodies which are obliged to take account of guidance, the role of |
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Ministers in developing and publishing guidance and the associated parliamentary procedures. |
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636. This Schedule replaces similar provisions in the Disability Discrimination Act 1995. |
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However, the Bill introduces one change by removing a requirement to consider a list of eight |
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capacities, such as mobility or speech, hearing or eyesight, when considering whether or not a |
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person is disabled. This change will make it easier for some people to demonstrate that they |
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meet the definition of a disabled person. It will assist those who currently find it difficult to |
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show that their impairment adversely affects their ability to carry out a normal day-to-day |
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activity which involves one of these capacities. |
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• A man with depression finds even the simplest of tasks or decisions difficult, for |
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example getting up in the morning and getting washed and dressed. He is also forgetful |
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and can’t plan ahead. Together, these amount to a “substantial adverse effect” on his |
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ability to carry out normal day-to-day activities. The man has experienced a number |
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of separate periods of this depression over a period of two years, which have been |
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diagnosed as part of an underlying mental health condition. The impairment is |
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therefore considered to be “long-term” and he is a disabled person for the purposes of |
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Disability: supplementary provision |
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Determination of disability |
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1 | Regulations may make provision for a condition of a prescribed description |
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to be, or not to be, an impairment. |
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2 (1) | The effect of an impairment is long-term if— |
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(a) | it has lasted for at least 12 months, |
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(b) | it is likely to last for at least 12 months, or |
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(c) | it is likely to last for the rest of the life of the person affected. |
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(2) | If an impairment ceases to have a substantial adverse effect on a person’s |
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ability to carry out normal day-to-day activities, it is to be treated as |
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continuing to have that effect if that effect is likely to recur. |
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(3) | For the purposes of sub-paragraph (2), the likelihood of an effect recurring |
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is to be disregarded in such circumstances as may be prescribed. |
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(4) | Regulations may prescribe circumstances in which, despite sub-paragraph |
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(1), an effect is to be treated as being, or as not being, long-term. |
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3 (1) | An impairment which consists of a severe disfigurement is to be treated as |
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having a substantial adverse effect on the ability of the person concerned to |
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carry out normal day-to-day activities. |
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(2) | Regulations may provide that in prescribed circumstances a severe |
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disfigurement is not to be treated as having that effect. |
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(3) | The regulations may, in particular, make provision in relation to deliberately |
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Substantial adverse effects |
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4 | Regulations may make provision for an effect of a prescribed description on |
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the ability of a person to carry out normal day-to-day activities to be treated |
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as being, or as not being, a substantial adverse effect. |
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