Is It a Disability? Chronic Illness and Conditions A–Z

Is chronic illness a disability in Australia?

There is no single definition. Under the Disability Discrimination Act 1992, disability includes physical, intellectual, psychiatric, sensory, neurological and learning disability, and covers disability you have now, had in the past, may have in future or are perceived to have (Australian Human Rights Commission).

The Department of Education’s fact sheet adds that the definition is broad and does not rely on a formal diagnosis (Department of Education). So a chronic illness that affects how you live can be a disability for discrimination purposes, even if payments or the NDIS work differently.

Is chronic illness a disability? Types of disability

Each law or scheme uses its own test. The sections below link to our guides on different types of disability.

Physical and cognitive disability

Many chronic conditions affect movement, energy or thinking. Read about physical disability examples and cognitive and learning disability.

Intellectual and learning disability

These are separate from physical health conditions, but families often search for both together.

• See what an intellectual disability is and signs of intellectual disability.
• Read about levels of intellectual disability and occupational therapy assessments for intellectual disability.
• For differences in reading, writing or maths, see what a learning disability is.
• Read whether dyslexia is a learning disability for how it is treated in education and work.

Psychosocial and neurodevelopmental disability

Mental health and neurodevelopmental conditions can also be disabilities. Our guides cover each one.

• Read whether anxiety is a disability in Australia and depression.
• Read whether PTSD is a disability and what evidence helps.
• See ADHD as a disability and autism as a disability.

Is chronic illness a disability? Conditions from A to Z

These answers are general. Your situation depends on how a condition affects you, and only your health professionals can assess that.

Other long-term conditions have their own guides, including chronic fatigue, fibromyalgia, multiple sclerosis, Crohn’s disease and IBS, back and spine conditions, arthritis and diabetes. For definitions, see what epilepsy is.

TQN Care support workers help with personal care, community access, respite and help around the home across Sydney, Melbourne and surrounding areas (NSW & VIC). Tell us what you need and we will call you back.

ADL disability: how daily living affects the answer

ADL stands for activities of daily living. These everyday tasks help show how a condition affects you.

• Personal care, such as showering, dressing, toileting and eating, including whether you need prompting or physical help.
• Mobility, such as walking, getting in and out of bed or a car, and using public transport.
• Household tasks, such as cooking, cleaning, laundry and shopping.
• Communication and thinking, including remembering appointments, managing money and understanding information.
• A diary of what you can and cannot do on good and bad days can give your doctor and assessor real examples.

Is chronic illness a disability for the Disability Support Pension?

The Disability Support Pension (DSP) has a tighter test than discrimination law. It is for people with a physical, intellectual or psychiatric impairment attracting at least 20 points under the Impairment Tables, expected to persist for at least 2 years, that leaves them unable to work 15 or more hours per week for the next 2 years (Department of Social Services).

• An impairment rating can only be assigned if the condition has been diagnosed by an appropriately qualified medical practitioner, has been reasonably treated and is stabilised.
• The impairment must be more likely than not to persist for more than 2 years (DSS guide to impairment ratings).
• Ask your treating doctor to describe your treatment history and how the condition limits you, not only name it.
• Contact Services Australia to check your situation, because this page is general information only.

Is chronic illness a disability and the NDIS

To meet the NDIS disability requirements, a permanent impairment must substantially reduce functional capacity and the person will likely need NDIS supports for life. Impairments can be intellectual, cognitive, neurological, sensory, physical or relate to psychosocial disability (NDIA).

1. 1Check the age rule. To apply for the NDIS you must be aged 0 to 64, and a child younger than 6 with developmental delay can be eligible under early intervention requirements (NDIA).
2. 2Gather evidence. Collect reports from your GP, specialists and therapists that describe the impairment, how long it is expected to last and what it stops you doing.
3. 3Look at the diagnosis lists. NDIS guidelines say a List A diagnosis means the NDIA will likely decide you meet the disability requirements, and a List B diagnosis means it will likely decide your impairment is likely to be permanent (NDIS Guidelines).
4. 4Describe daily impact. Use your daily-living diary and therapy reports to show the effect on mobility, communication, self-care and social life.
5. 5Apply and ask for help. Services such as the Disability Gateway can point you to information and services while you wait.

Common mistakes to avoid

• Sending only a diagnosis name, without reports that describe the impairment and its effect on daily life.
• Going to an assessment without notes on your worst days, so the picture sounds milder than it is.
• Applying for the Disability Support Pension before a condition has been reasonably treated and stabilised.
• Relying on one report instead of building evidence from your GP, specialist and allied health team.
• Using online lists or forums as medical advice instead of checking with your health professional.

Your next step

If a long-term condition is making daily life harder, you do not need to wait for a decision on payments or the NDIS to ask for help. At TQN Care, we provide support workers for personal care, community access, respite and help around the home. See our NDIS services, or make a referral and we will call you back.