5
(1)
An impairment 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 if—
(a)
measures are being taken to treat or correct it, and
(b)
but for that, it would be likely to have that effect.
(2) “Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.
(3)
Sub-paragraph (1) does not apply—
(a)
in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed;
(b)
in relation to such other impairments as may be prescribed, in such circumstances as are prescribed.
Cases considering Schedule 1, paragraph 5 21
[2020] EWCA Civ 497 · 8 April 2020Interprets
An impairment is assessed for disability purposes by disregarding treatment or corrective measures where, without them, it would probably have a substantial adverse effect. This differs from vulnerability, for which available treatment and support are taken into account (see paras [6]; [45]; [55]).
[2026] EAT 12 · 19 January 2026
The Tribunal had to consider the effects that endometriosis would have had absent medical treatment, rather than assessing only its ameliorated effects. (see paras [95]; [104])
[2023] EAT 108 · 24 August 2023
The counterfactual treatment provision required evidence of the likely effect on normal day-to-day activities if medication were not taken. The Tribunal considered that issue and was entitled to reject it because evidence of medication effects and risks was absent (see paras [74]-[80]).
2 more judgments, and what each says about Schedule 1, paragraph 5, are in the
case-law panel in the full Act.