Severe disfigurement
SCHEDULE 1 Disability: supplementary provision
3 (1) An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.
(2) Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.
(3) The regulations may, in particular, make provision in relation to deliberately acquired disfigurement.
“substantial” means more than minor or trivial;
Defined in s.212(1) · see it in the full Act“prescribed” means prescribed by regulations;
Defined in s.212(1) · see it in the full ActA severe disfigurement is treated as having a substantial adverse effect on ability to undertake normal day-to-day activities. The tribunal’s lawful finding of severe disfigurement therefore established disability without a separate section 6(1) effects inquiry. (see Legal principles; Discussion and conclusions)
The court held that, because there was no evidence of inhaler use at the material time and the claimant had recovered from the relevant illness, the Tribunal did not need to consider the treatment-measures provision. (see paras [39]-[42])
1 more judgment, and what each says about Schedule 1, paragraph 3, are in the case-law panel in the full Act.