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