Your Rights

Definition of disability under the DDA

Summary: Who counts as 'disabled' under the DDA.

• If I consider myself as disabled, am I covered by the Act?
• Can this definition cover blind and partially sighted people?
• More information

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

The DDA defines disability as "a physical or mental impairment which has a substantial long-term adverse effect on his / her ability to carry out normal day to day activities".

A person is only protected by the DDA if they meet the definition of disability set out in part 1 of the DDA, or if they have a history of such a disability.

Can this definition cover blind and partially sighted people?

Yes - in April 2003, Regulations were passed which mean that anyone who is registered as blind or partially sighted, or is registerable, will be automatically 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 category of impairments with an immediate substantial or long-term adverse effect will be covered.

How will 'a substantial adverse effect' be determined?

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

• how much time is taken to complete a task
• how the task is completed
• cumulative effect of minor impairments should be considered
• environment
• 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.

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.

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

The Government's Guidance provides a number of examples:

• inability to see to pass the eyesight test for a standard driving test
• difficulty recognising by sight a known person across a moderately-sized room
• inability to distinguish any colours at all
• difficulty reading ordinary newsprint
• difficulty walking safely without bumping into things.

A person with sight problems 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 above.

More information

Download our Definition of disability under the DDA: DDA Factsheet 3 (Word)

Useful links

• What to do if you experience discrimination
• Sources of information about the DDA.

• Equality and Human Rights Commission (EHRC).

Return to DDA homepage.

Content author: DDAEnquiries@rnib.org.uk

Last updated: 20/11/2008 11:13