A "disabled person" is defined by the Disability Discrimination Act 1995 as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day to day activities" (DDA 1995 s.1). The Act expands on what this means (DDA 1995 Sch.1).

Until 5th December 2005 a mental impairment was only recognised as a disability for DDA purposes if it resulted from or consisted of a clinically well-recognised illness. However as from that date this requirement has been removed.

Persons who have had a disability but have since recovered are expressly included (DDA 1995 s.2 and DDA 1995 Sch.2, entitled "Past disabilities"). Progressive conditions (eg cancer) are also expressly covered (DDA 1995 sch.1(8).

The Disability Discrimination Act 2005 s.18 makes further changes to the DDA definition of disability with effect from December 2005. This section widens the definition to benefit those with HIV, Aids, cancer and multiple sclerosis (MS) and as noted above provides for people with mental impairments to be protected in the same way as anyone else by removing the requirement that their condition be clinically well-recognised (see notes at Acts of Parliament etc/Disability Discrimination Act 2005 ).

The Disability Rights Commission (replaced by the Equality & Human Rights Commission as from 1st October 2007) is working on further changes for inclusion in a likely new Single Equality Act (SEA) which is generally expected by 2010 (see notes at Bills before Parliament/Equality Bill ).

go to next updated reference in this note.

There is important Official Guidance on "matters to be taken into account in determining questions relating to the definition of disability". A new version is in effect from 1st May 2006. Like the Disability Discrimination Act Employment Code of Practice (see Disability Discrimination/Disability Discrimination Act 1995/Code of Practice ) the Guidance does not have the force of law but Courts and Tribunals are obliged to take it into account (DDA 1995 s.3(3) and see Virdi v Commissioner of Police of the Metropolis (2) EAT 2006 on 18th October 2006).

See also Disability Discrimination/Disability Discrimination Act 1995/recent cases .