united-kingdom employment england-and-wales disabilities government-benefits
Is addiction a disability?
<p>Is addiction considered a disability for employment and beneftis rights?</p>
<p>Does it matter if the addiction is legal: say gambling or alcohol; or illegal: drugs or theft (Kleptomania)?</p>

<p>You didn't specify the context so I am assuming you mean for the purpose of anti-discrimination laws. If so, the definition of disability is found in <a href="https://www.legislation.gov.uk/ukpga/2010/15/section/6" rel="noreferrer">Section 6 of the Equality Act 2010</a>:</p>
<blockquote>
<p>(1) A person (P) has a disability if — (a) P has a physical or mental
impairment, and (b) the impairment has a substantial and long-term
adverse effect on P's ability to carry out normal day-to-day
activities.</p>
</blockquote>
<p>Elaboration is provided in <a href="https://www.legislation.gov.uk/ukpga/2010/15/schedule/1" rel="noreferrer">Schedule 1</a>:</p>
<blockquote>
<p>2 (1) The effect of an impairment is long-term if — (a) it has lasted
for at least 12 months, (b) it is likely to last for at least 12
months, or (c) it is likely to last for the rest of the life of the
person affected.</p>
<p>(2) If an impairment ceases to have a substantial adverse effect on a
person's ability to carry out normal day-to-day activities, it is to
be treated as continuing to have that effect if that effect is likely
to recur.</p>
</blockquote>
<p>However, this is subject to regulations made under the Act. <a href="https://www.legislation.gov.uk/uksi/2010/2128/regulation/3/made" rel="noreferrer">Regulation 3 of the Equality Act 2010 (Disability) Regulations 2010</a> provides:</p>
<blockquote>
<p>(1) Subject to paragraph (2) below, addiction to alcohol, nicotine or
any other substance is to be treated as not amounting to an impairment
for the purposes of the Act.</p>
<p>(2) Paragraph (1) above does not apply to addiction which was
originally the result of administration of medically prescribed drugs
or other medical treatment.</p>
</blockquote>
<p><a href="https://www.legislation.gov.uk/uksi/2010/2128/regulation/4/made" rel="noreferrer">Regulation 4</a> provides:</p>
<blockquote>
<p>(1) For the purposes of the Act the following conditions are to be
treated as not amounting to impairments: — (a) a tendency to set
fires, (b) a tendency to steal, (c) a tendency to physical or sexual
abuse of other persons, (d) exhibitionism, and (e) voyeurism.</p>
</blockquote>
<p>So, in conclusion, an addiction is a disability provided that the following conditions all apply:</p>
<ul>
<li>It is a mental impairment which has a substantial adverse effect on the ability to carry out normal day-to-day activities.</li>
<li>It has lasted or is likely to last at least 12 months.</li>
<li>The substantial adverse effect is either current or has ceased but is likely to recur.</li>
<li>It is not an addiction to alcohol, nicotine, or other substance unless it is the result of medical treatment.</li>
<li>It is not an addiction to setting fires, stealing, physical / sexual abuse, exhibitionism, or voyeurism.</li>
</ul>
<p>It doesn't matter whether the addiction results in illegal activity provided the other criteria are met.</p>

<p>Just to add to JBentley's answer for completeness, as the question is tagged <a href="/questions/tagged/united-kingdom" class="post-tag" title="show questions tagged &#39;united-kingdom&#39;" aria-label="show questions tagged &#39;united-kingdom&#39;" rel="tag" aria-labelledby="united-kingdom-container">united-kingdom</a> and the Equality Act 2010 does not apply in <a href="/questions/tagged/northern-ireland" class="post-tag" title="show questions tagged &#39;northern-ireland&#39;" aria-label="show questions tagged &#39;northern-ireland&#39;" rel="tag" aria-labelledby="northern-ireland-container">northern-ireland</a>:-</p>
<p>In Northern Ireland, the definition of 'disability' is defined in section 1 of the <a href="https://www.legislation.gov.uk/ukpga/1995/50/section/1" rel="noreferrer">Disability Discrimination Act 1995</a> as:</p>
<blockquote>
<p>a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.</p>
</blockquote>
<p>This is supplemented by definitions of 'long-term' in <a href="https://www.legislation.gov.uk/ukpga/1995/50/schedule/1" rel="noreferrer">Schedule 1</a>, similarly to the law in the rest of the UK.</p>
<p>The regulation which affects the treatment of addictions as a disability is <a href="https://www.legislation.gov.uk/nisr/1996/421/made" rel="noreferrer">The Disability Discrimination (Meaning of Disability) Regulations (Northern Ireland) 1996</a>, section 3 &amp; 4 of which impose exactly the same restrictions as in the Equality Act 2010, namely:</p>
<blockquote>
<p>3.—(1) Subject to paragraph (2), addiction to alcohol, nicotine or any
other substance is to be treated as not amounting to an impairment for
the purposes of the Act.</p>
<p>(2) Paragraph (1) does not apply to an addiction which was originally
the result of administration of medically prescribed drugs or other
medical treatment.</p>
</blockquote>
<p>and</p>
<blockquote>
<p>4.—(1) For the purposes of the Act the following conditions are to be treated as not amounting to impairments:—</p>
<p>(a) a tendency to set fires; (b) a tendency to steal; (c) a tendency to
physical or sexual abuse of other persons; (d) exhibitionism; and
(e) voyeurism.</p>
</blockquote>
