A person should not fail the test simply because the job exceeds eight hours per day or five days per week. The test is whether a person is disadvantaged in getting a job in the open market. A person may work more than eight hours per day or five days per week if the job has been adapted to suit their needs.
Example 1
The applicant works 42 hours per week as a telephonist. She states she cannot maintain a normal working week because she becomes physically exhausted. But she has no special breaks, and the job is not tailored for her needs. She is maintaining a normal working week and is not at a disadvantage in getting a job. The disability test is not satisfied.
Example 2
The applicant is a piece worker in a clothing factory and works 41 hours per week. She suffers continuously from severe back pain and as a result has to take regular breaks away from her machine. Her employer has allowed her special breaks because of this. She satisfies the disability test.
Example 3
The applicant works as a clerical officer with a local authority working 40 hours per week. He regularly has severe migraine attacks and during these attacks he cannot continue with his duties. His employer has adapted his job to try to avoid tasks which may bring on these attacks. He satisfies the disability test.
