A disabled person is legally defined as someone with "a physical or mental impairment that has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities".
The extension to the Act in 2005 now covers the following groups:
- anyone diagnosed with a progressive condition such as cancer, HIV and multiple sclerosis, whether or not they are showing signs of their illness
- people with severe disfigurements and 'hidden' disabilities like dyslexia and epilepsy, depending upon the severity of the impairment
- people who have severe back pain or arthritis, if it impairs their ability to do normal activities
- those who have had a disability in the past, even if they have recovered, for example those who have had episodes of mental ill health.
In addition, there is a significant change for those with mental illness. Until now, those with a mental illness were required to prove that they had a mental impairment that was substantial, had a long term impact and was clinically well recognised. This loophole is now closed, so that those with mental ill health conditions are required to submit only the same proof - substantial and long term - as those with a physical impairment.