8
(1)
This paragraph applies to a person (P) if—
(a)
P has a progressive condition,
(b)
as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but
(c)
the effect is not (or was not) a substantial adverse effect.
(2)
P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment.
(3)
Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive.
Cases considering Schedule 1, paragraph 8 3
[2019] EWCA Civ 1061 · 21 June 2019Interprets
A perceived progressive condition falls within the provision where the discriminator perceives a present impairment having some adverse, though not substantial, effect upon normal day-to-day activities. The threshold for the present effect is low (see paras [51]-[55]).
A person with a qualifying progressive condition is treated as presently having an impairment with a substantial adverse effect where that outcome could well happen. The provision consequently encompasses perceived future deterioration without creating a separate category of future disability (see paras [56]; [59]).
[2016] UKEAT 0353_15_1612 · 16 December 2016Interprets
Paragraph 8 establishes the progressive-conditions route to disability where an existing effect is not yet substantial. The tribunal failed properly to address whether the claimant’s condition was progressive on the available medical evidence (see paras [21]-[22]; [39]-[42]).
Under paragraph 8(2), a progressive condition is deemed to have a substantial adverse effect if it is likely to result in that impairment. “Likely” concerns a medical chance or risk, not a numerical population threshold. The issue required reconsideration on clearer evidence (see paras [34]-[35]; [41]-[42]).
1 more judgment, and what each says about Schedule 1, paragraph 8, are in the
case-law panel in the full Act.