When does a mental health condition become a disability?

Mental health conditions can be extremely debilitating and have a long-term effect on a person’s wellbeing and ability to live a normal life. 

The good news is that if your condition meets certain criteria, you could have the right to support, adjustments and even some benefits by law.

When does a mental health condition become a disability by law?

Under the Equality Act 2010, a disability is a protected characteristic, which means it is illegal to discriminate against someone because they have a disability. The act defines a disability as a mental or physical impairment that has a substantial and long-term (at least 12 months) negative effect on your ability to carry out day to day activities.

A mental health condition becomes a disability when you have significant struggles at work, in education and/or in managing daily tasks such as socialising and looking after yourself, directly because of your mental health.

If you can prove that this has been the case for at least the last year and is likely to be the case for at least another year, you will be considered to have a disability and be protected under the Equality Act.

Being diagnosed with a mental health condition doesn’t automatically mean you are disabled, nor do particular conditions automatically qualify you. Each case is individual and the key deciding factor is how your condition affects your life.

What counts as affecting my day-to-day life?

To count as a disability, the effect that your mental health issue has on your life must be substantial. If the condition is progressive and will inevitably get worse, you will likely be considered disabled if you are already having some difficulty with daily tasks, but it does not have to be substantial yet.

Day-to-day activities could include:

• Washing and dressing
• Eating and preparing food
• Seeing, hearing or talking
• Forming and maintaining friendships
• Travelling, whether that be walking, using public transport or driving
• Working
• Studying
• Caring for others, such as raising your children or looking after an elderly parent
• Doing things that you like to do, such as sports and hobbies, social groups, religious worship or learning new skills

Examples could include:

• OCD means that you must compulsively check your work multiple times. Wwork and study take significantly longer than it would if you didn’t need to check it so much.
• Depression means that you are exhausted. You consistently and regularly have whole days or weeks where you can barely get out of bed.
• Dementia means that you have a poor memory and get very confused. This makes carrying out daily tasks complicated and difficult to do without support.
• Bipolar disorder means that you go through long periods of being very productive at work. Conversely, you also long periods of being apathetic towards your work and finding it impossible to concentrate.
• Anxiety is so severe that you have panic attacks if you leave your home. This makes work, education, socialising and even buying food very difficult.

How can I prove that the effect on my daily life is substantial?

You will need to be able to show medical evidence that your mental health condition has become a disability. Usually a medical professional ,who has played a significant role in your care, can write a letter stating that they consider your daily life significantly impaired by your condition and would support an application of yours for adjustments at work or certain benefits. You can use this letter as evidence in applications.

The medical professional who provides your letter could be your:

• Doctor or consultant,
• Counsellor or therapist
• Social worker
• Psychiatrist or community psychiatric nurse

If you have not received any treatment for your condition, speak to your doctor and they will work out how to proceed.

For some benefits, you may need to undergo further assessment.

A letter confirming diagnosis of your mental health condition is not sufficient evidence.

Do I have to have sought treatment for my mental health condition to be considered a disability?

Any treatment you receive, whether it be therapy or medication, is not considered when deciding whether your mental health condition is a disability for you. 

What rights do I have if my mental health condition is considered a disability?

If you are confirmed as having a disability, you will have legal protection against discrimination based on this. This means that you have the right to reasonable adjustments to enable you to work and that you should have equal rights to promotion

What financial support could I get if my mental health condition is a disability?

Depending on your circumstances, you may be eligible for benefits to support you, particularly if you are unable to work full time due to your disability, or there are extra costs accrued because of it.

Benefits you may be eligible for include:

• Employment and Support Allowance (ESA)
• Personal Independence Payment (PIP)
• Disability Premiums

If you are in education, you may be eligible for Disabled Students’ Allowance (DSA). If you are, you will have a Needs Assessment to determine the best support for you, which could be a mentor, specialist equipment or extra time in exams. Find out more about DSA here.

Staff at your local job centre will be able to advise you on further financial support that you may be eligible for based on your needs and circumstances.