What is a Disability?

Understanding Disability: Navigating the UK's Legal Definition

In our journey to foster an inclusive and supportive environment for everyone, it's paramount to grasp the concept of disability. The definition of disability plays a crucial role in determining who is eligible for various support and protections. This blog post aims to explain the legal definition of disability in the UK, shedding light on its significance and implications for individuals and their families.

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The Legal Framework in the UK

The Equality Act 2010 serves as the cornerstone of disability rights legislation in the UK. Under this act, a person is considered disabled if they have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on their ability to do normal daily activities. Anyone meeting this definition has the right not to be discriminated against as a result of their disability. Let's unpack this definition to understand its components:

• Physical or Mental Impairment: This includes a wide range of conditions, such as hearing loss, visual impairments, mobility difficulties, mental health conditions (e.g., depression, anxiety), learning disabilities, and long-term health conditions like diabetes or heart disease.
• Substantial Effect: The term 'substantial' refers to the level of effect the impairment has on the individual's daily life, highlighting the significant impact it can have on carrying out everyday tasks.
• Long-Term: The effects of the impairment are considered long-term if they have lasted or are expected to last for at least 12 months or for the rest of the individual's life. This aspect of the definition acknowledges the enduring nature of many disabilities and their impact on the entire life of an individual.

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Why Understanding This Definition Matters

Understanding the legal definition of disability in the UK is crucial for several reasons. Firstly, it helps individuals and their families recognise their eligibility for various supports and protections under the law, including government benefits, employment rights, access to education, and housing adjustments including government benefits and support, railcards and other travel schemes, concessions specifically intended for disabled people, provisions for special access to disabled toilets and parking, accessible accommodation and seating, employment rights and housing adjustments.

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Secondly, it informs the public and employers about their responsibilities and the importance of creating accessible and accommodating environments for everyone.

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Moreover, the National Disability and National Carers Card scheme, an initiative designed to support disabled people and carers by providing access to visual identification, and proof of eligibility for disability discounts and services. Recognizing oneself or a loved one within this legal framework can open doors to resources and communities that empower and assist in navigating daily challenges.

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The National Disability and National Carers Card Scheme

The National Disability and National Carers Card scheme is an initiative designed to supported disabled people and carers by providing access to visual identification, and proof of eligibility for disability discounts and services. We take the government’s definition of disability as the starting point for assessing an individual’s eligibility for the scheme. Benefits of the scheme for disabled people include a discreet visual way to communicate your needs to others, access to concessions on goods and services, access to support networks, and increased awareness and recognition of the needs of disabled people and carers.

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Beyond the Definition: A Call for Inclusivity and Support

While the legal definition provides a framework for understanding and identifying disability, it's important to remember that every individual's experience is unique. Disabilities can vary widely in their effects on different people, and not all physical or mental challenges are immediately visible or recognized under this definition. While some people believe that it is their impairments or differences which define them as disabled, others follow the ‘social model of disability’ according to which it is the barriers imposed by society or other people’s attitudes which force them to be defined as disabled. Our approach to supporting disabled people should be as inclusive and flexible as possible.

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For more information and to apply for the National Disability Card, please click here. Let's embrace inclusivity and support each other in every step of our journeys.