Equality Act (Definition of Disability)

Thursday 10th February 2011 Written Statements

[The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)]

I am today submitting to Parliament the draft revised “Guidance on matters to be taken into account when determining questions relating to the definition of disability”.

This guidance is primarily for adjudicating bodies (such as courts and tribunals) when they are determining whether a person is a disabled person for the purposes of the Equality Act 2010 (EA). These bodies are required by the EA to take account of any aspect of the guidance which appears to them to be relevant when deciding whether a person is disabled for the purpose of the EA.

The EA prohibits discrimination that occurs in relation to a protected characteristic in a range of circumstances, including in access to: services and public functions, premises, work, education, associations and transport. One of the protected characteristics is disability, which is defined in the EA and regulations made under it.

Although the definition of disability in the EA is similar to that which applied for the purposes of the Disability Discrimination Act 1995 (DDA), the EA has simplified that definition. Unlike the DDA it does not require a disabled person to show how their ability to carry out normal day-to-day activities affects one of a list of capacities, such as mobility, speech, or the ability to understand.

Existing guidance was produced under the DDA. That guidance has been updated to reflect the definition of disability which now applies for the purposes of the EA. The revised text was subject to a consultation exercise between 9 August and 31 October 2010. A report on the Government’s response to the consultation has been produced and I have arranged for copies to be placed in the Libraries of both Houses.

I am laying a copy of the draft revised guidance before each House. Subject to parliamentary approval, I aim to bring this revised guidance into force on 1 May 2011.