6 (1) Cancer, HIV infection and multiple sclerosis are each a disability.
(2) HIV infection is infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.
Cases considering Schedule 1, paragraph 6 4
ZZ (Tanzania) v The Secretary of State for the Home Department
Paragraph 6 of Schedule 1 identifies HIV infection as a disability for the purposes of the Act. The judgment held that this statutory status did not require separate consideration outside the deportation proportionality balance. (see para [34])
Lofty v Hamis (t/a First Café)
Paragraph 6 deems a person with cancer disabled. It requires a straightforward inquiry into whether the claimant had cancer and permits no distinction between invasive, non-invasive, minor, or early-stage cancers. Cancer in situ, involving cancerous cells in the epidermis, satisfied the provision. (see Discussion and Conclusions)
MXV, R (on the application of) v The Secretary of State for Home Department
The court rejected the alleged failure to provide support or treatment in accordance with the provision. Staff identified schizophrenia, arranged psychiatric referral and provided clinically indicated treatment. (see paras [199]-[201])
What each judgment says about Schedule 1, paragraph 6 is in the case-law panel in the full Act.