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The Act states that an impairment is considered to be long-term if the impairment is one:- When considering whether an impairment is likely to last 12 months then the term ‘likely’ should be interpreted as meaning that it could well last 12 months, rather that it is more probable than not to last 12 months.
It is not necessary to consider how a physical or mental impairment is caused and it may not always be necessary to categorise a condition as being either physical or mental Meaning of substantial adverse effect The second element of the definition of disability is that the effects of the physical or mental impairment must be deemed to be substantial.However account should be taken of the following principles:- Example: A young woman has developed colitis, an inflammatory bowel disease.The condition is a chronic one which is subject to periods of remissions and flare-ups.We understand that the act can be difficult to understand, so if at any stage you are unsure or need further advice then we are here to help.We have more information available in the Resources section, or you can call our helpline on the Freephone number at the bottom of this page.The Act states that the adverse effects caused by an impairment will be considered substantial if the effects are more than minor or trivial When considering whether the effects of an impairment are substantially adverse account should be taken of the following relevant factors:- Example: A man works in a warehouse, loading and unloading heavy stock.
He develops a long-term heart condition and no longer has the ability to lift or move heavy items of stock at work.
This is an adverse effect on a normal day-to-day activity.
He is likely to be considered a disabled person for the purposes of the Act.
(Equality Act 2010, Explanatory Notes) A person who is no longer disabled by virtue of them no longer meeting the definition of disability can still be deemed to be disabled and thus have the protection of the Act as the Act states that people who have had past disabilities may be covered.
In order to be covered a person would have to show that when their impairment manifested itself it would have satisfied the definition of disability.
Example: A woman has had rheumatoid arthritis for the last three years and has difficulty carrying out day-to-day activities such as walking undertaking household tasks and getting washed and dressed.