UK Keratoconus Self-Help and Support Association

Persons with HIV infection, cancer and multiple sclerosis
A9.
The Act states that a person who has cancer, HIV infection or multiple sclerosis (MS) is a disabled person. This means that the
person is protected by the Act effectively from the point of diagnosis. (Sch1, Para 6). (See also paragraphs B18 to23 (progressive conditions)

Equality Act 2010
Guidance on matters to be taken into account in determining questions relating to the definition of disability

23 Progressive conditions

B18.
Progressive conditions, which are conditions that have effects which \increase in severity over time, are subject to the special provisions
set out in Sch1, Para 8 These provisions provide that a person with a progressive condition is to be regarded as having an impairment which has a substantial adverse effect on his or her ability to carry out normal day-to-day activities before it actually has that effect.

B19.
A person who has a progressive condition, will be treated as having an impairment which has a substantial adverse effect from the moment
any impairment resulting from that condition first has some adverse effect on his or her ability to carry out normal day-to-day activities, provided that in the future the adverse effect is likely to become substantial. Medical prognosis of the likely impact of the condition will be the normal route to establishing protection under this provision. The effect need not be continuous and need not be substantial. (

See also paragraphs C5 to C8 on recurring or fluctuating effects). The person will still need to show that the impairment meets the long-
term condition of the definition. (Sch1, Para 2)

B20.
Examples of progressive conditions to which the special provisions apply include systemic lupus erythematosis (SLE), various types
of dementia, and motor neurone disease. This list, however, is not exhaustive.

Equality Act 2010
Guidance on matters to be taken into account in determining questions relating to the definition of disability

24
A young boy aged 8 has been experiencing muscle cramps and some weakness. The effects are quite minor at present, but he has been diagnosed as having muscular dystrophy. Eventually it is expected that the resulting muscle weakness will cause substantial adverse effects on his ability to walk, run and climb stairs. Although there is no substantial adverse effect at present, muscular dystrophy is a progressive condition, and this child will still be entitled to the
protection of the Act under the special provisions in Sch1, Para 8 of the Act if it can be shown that the effects are likely to become
substantial.A woman has been diagnosed with systemic lupus erythematosis (SLE) following complaints to her GP that she is experiencing mild
aches and pains in her joints. She has also been feeling generally unwell, with some flu-like symptoms. The initial symptoms do not
have a substantial adverse effect on her ability to carry out normal day-to-day activities. However, SLE is a progressive condition, with
fluctuating effects. She has been advised that the condition may come and go over many years, and in the future the effects may become substantial, including severe joint pain, inflammation, stiffness, and skin rashes. Providing it can be shown that the effects are likely to become substantial, she will be covered by the special provisions relating to progressive conditions. She will also need to meet the ‘long-term’ condition of the definition in order to be
protected by the Act.

B21.
The Act provides for a person with one of the progressive conditions of cancer, HIV and multiple sclerosis to be a disabled person from the point at which they have that condition, so effectively from diagnosis. (See paragraph A9.)

Equality Act 2010
Guidance on matters to be taken into account in determining questions relating to the definition of disability
25

B22.
As set out in paragraph B19, in order for the special provisions covering progressive conditions to apply, there only needs to be
some adverse effect on the person’s ability to carry out normal day to day activities. It does not have to be a substantial adverse effect. If a person with a
progressive condition is successfully treated (for example by surgery) so that there are no longer any adverse effects, the special provisions will not apply. However, if the treatment does not remove all adverse effects the provisions will still apply. In addition, where the treatment manages to treat the original condition but leads to other adverse effects the provisions may still apply.

A man has an operation to remove the colon because of progressing and uncontrollable ulcerative colitis. The operation results in his no
longer experiencing adverse effects from the colitis. He requires a colostomy, however, which means that his bowel actions can only be controlled by a sanitary appliance. This requirement for an appliance substantially affects his ability to undertake a normal day-to-day activity and should be taken into
account as an adverse effect arising from the original impairment.

B23.
Whether the effects of any treatment can qualify for the purposes of Sch1, Para 8, which provides that a person with a progressive
condition is to be regarded as having an impairment that has a substantial adverse effect on his or her ability to carry out normal day-
to-day activities, will depend on the circumstances of the individual case

From: eass@custhelp.com
Date: 28/01/2014 12:18

Recently you requested personal assistance from our on-line support centre. Below is a summary of your request and our response.

We are continuing to work on your issue. To provide more information, click the following link or paste it into your web browser.
equalityadvisoryservice.com/app/account/questions/detail/i_id/41345


Response Via Email(Drew Hall) - 28/01/2014 12:18
Date: 28.01.2014
Subject: disability definition

Unfortunately as non-legal advisors, we cannot confirm for you whether or not you have a disability. We can only advise what may be considered to be one using the definition which I provided before.

Additionally to this, there are actually four cases where the definition is not needed, HIV, Cancer, Multiple Sclerosis and as I mentioned yesterday if someone has a sight impairment, which has to be registered by a GP or an Occupational health specialist.

It seems likely from what you have said that you would be considered to have a disability under the Equality Act, however it is for a judge to decide whether or not the definition applies to you.

If you need further clarification on this, you can find more detail on page 11 of the Equality Act Guidance which you can find on our website equalityadvisoryservice.com

Regards
Drew Hall BA
Equality Advisory Support Service

From: eass@custhelp.com
Date: 27/01/2014 16:58

Recently you requested personal assistance from our on-line support centre. Below is a summary of your request and our response.
If this issue is not resolved to your satisfaction, you may reopen it within the next 30 days.

Thank you for allowing us to be of service to you.

Response Via Email(Drew Hall) - 27/01/2014 16:58
Date: 27.01.2014

Subject: disability definition

The definition of a disability under the Equality Act is a physical or mental impairment which has a substantial, long term and adverse effect on a person’s ability to carry out normal everyday activities.

There are three circumstances where the definition is unnecessary as they are automatically classed as a disability. These conditions are: Cancer, all or partial sight impairment, and multiple scleroses.

Regards
Drew Hall BA
Equality Advisory Support Service

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Thanks for the additional clariifcation, Steven. So as I understand it, anyone with an eye condition is only automatically classed as having a disability if they have been registered as visually impaired. As the current criteria for registration measure vision when wearing glasses or contact lenses, not many of our members qualify for this although we certainly do have some who have been registered (and in some cases have then come off the register when their sight has improved eg after a graft). But as I said before, people with KC who aren't registered can still be covered by the Equality Act if their KC has a 'substantial, long-term and adverse effect on everyday activities'. And employers should make 'reasonable adjustments' to enable those people to carry out their job. There's more information on this in the leaflets about KC and work which can be downloaded from the home page of this website.
Anne