Registering as disabled in England
Constituents’ frequently asked questions about registering as disabled and entitlement to benefits.
No, there’s currently no national register of people with disabilities.
Some local authorities may operate voluntary registers in their areas. These voluntary registers are used by local authorities to plan future services.
Do I need to register as disabled with my local authority?Some local authorities keep registers of disabled people in their area. Under section 29 of the National Assistance Act 1948 local authorities may compile and maintain a register of disabled persons in order to ensure that local services can be tailored to meet their needs. Registration is voluntary and registration does not automatically entitle a person to any benefits or support – this would be dependent on a separate assessment of the person’s needs and, in some cases, their resources.
In addition, section 77 of the Care Act 2014 provides that a local authority may establish and maintain one or more registers of adults in their area for the purposes in particular of:
- planning the provision by the authority of services to meet needs for care and support, and
- monitoring changes over time in the number of adults in the authority’s area with needs for care and support and the types of needs they have.
A register or registers under the Care Act could cover people who:
- have a disability; or
- have a physical or mental impairment which is not a disability but which gives rise, or which in the future could give rise, to needs for care and support, or
- are any other category of persons the authority considers appropriate to include.
For these purposes, “disability” has the meaning given by section 6 of the Equality Act 2010.
The 2014 Act also requires local authorities to establish and maintain a register of people living in their area who are sight impaired.
Do I need to register as blind or partially sighted?No, it’s voluntary. But if you register with your local council as blind or partially sighted you may be entitled to some concessions, including travel concessions and if you are registered blind a reduction in your TV license. The NHS website, Blindness and vision loss has more information on this.
Do I need to register as deaf?No, it’s voluntary. You can get access to social services via your local authority for advice on their services without registering as deaf. However, registering as deaf with your local authority may entitle you to travel concessions. The NHS website, Registering as deaf has more information on this.
Do I need to register as disabled to be entitled to disability welfare benefits?No, eligibility for disability welfare benefits such as Personal Independence Payment (PIP), Attendance Allowance (AA) or Employment and Support Allowance (ESA) does not depend on a person being on a register of disabled people.
Furthermore, eligibility is not normally dependent on being diagnosed as having a certain medical condition (special rules can apply to people diagnosed with a terminal illness).
Eligibility is based on how a person’s physical or mental condition affects them. For example:
- The test for PIP looks at how a person’s disability affects their ability to undertake specific daily living activities and mobility activities.
- Eligibility for AA is based on the extent to which a person’s disability means that they need help from another person in connection with their bodily functions, or supervision in order to avoid substantial danger to themselves or others.
- The Work Capability Assessment, which is used to determine eligibility for ESA and extra amounts in Universal Credit, assesses the extent to which a person’s disability affects their ability to work or perform work-related activity.
No, but you will need to apply to your local council they handle applications and issue Blue Badges. You may be eligible to apply for a Blue Badge if you have severe mobility problems. The Blue badge allows you can park close to places you need to go.
For more details on applying see the GOV.UK webpage, Apply for or renew a Blue Badge.
Do I need to register as disabled for a disabled person’s bus pass?No, but you will need to contact your local council to find out how to access discounted bus travel see Apply for a disabled person’s bus pass – GOV.UK.
To be eligible you need to meet the definition of disabled, as defined by the department of transport: Assessing eligibility for concessionary bus travel – GOV.UK.
What was the Disabled Persons Employment Register?The Disabled Persons Register (and the accompanying quota scheme) ceased to exist from December 1996 following the Disability Discrimination Act 1995 coming into force.
Under the Disabled Persons (Employment) Act 1944 the Government was required to establish and maintain a disabled persons employment register, and employers with 20 or more employees were required to employ a quota (3%) of registered disabled people. Registration was voluntary and only a small proportion of disabled people ever registered.
What is the definition of disability?The definition usually used for disability is as defined in Section 6 of the Equality Act 2010, as shown on the GOV.UK website, Definition of disability under the Equality Act 2010:
You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.
Full guidance on what substantial and long term mean and as well as progressive conditions and what does not count as a disability are explained on GOV.UK Definition of disability under the Equality Act 2010
Please note that for disability benefit claims the entitlement to claim is based on how the disability affects them (see answer above to ‘Do I need to register as disabled to be entitled to disability welfare benefits?’).
How can I prove I have a disability for discounts?There are often discounts and concessions available for people with disabilities and /or their carers. This could include theatres, cinemas, leisure centres and tourist attractions. The wording often says for those who are registered disabled but the eligibility will depend on the individual scheme and may be based on:
- What benefits you receive.
- Having a blue badge or disabled bus pass.
- Being registered as deaf or blind or partially sighted.
- A medical letter from a GP or consultant.
There are also disability cards you can buy to prove your disability and eligibility for some discounts for more details see moneysavingexpert.com for some suggestions.
Sunflower lanyards are generally accepted as an indication you may have a hidden disability, one that is not visually obvious, and may need extra time or support when doing things like travelling or shopping see BBC Scotland – The Social – Sunflower lanyards – what are they for?.
Further Information-
- GOV.UK: What to do if you become disabled
- GOV.UK: Definition of disability under the Equality Act 2010
- RNIB: Registering as sight impaired
- The House of Commons Library website Disability page, contains all the Library’s briefings related to disability.
The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.