This document contains the Government's response to a consultation regarding the application and use of the definition of disability as outlined in the Equality act 2010. The Equality act removes the specified list of capacities included in the Disability discrimination act 2005 which previously determined the definition of disability, so removes the requirement for a person to demonstrate that where an impairment adversely affects the ability to carry out a normal day-to-day activity, the activity must involve at least one capacity. On 9 August 2010, the Office for Disability Issues published revised draft guidance together with a consultation document seeking views on whether the draft guidance would assist users to understand how the definition of disability under the Equality act operates. The consultation ended on 31 October 2010. A range of organisations responded to the consultation, including: the Equality and Human Rights Commission; disability organisations representing people with a variety of impairments including the Disability Charities Consortium and the United Kingdom Disabled People’s Council; and professional associations including the Discrimination Law Association, The Law Society and the Royal College of Physicians. In addition there were 8 responses from individuals. This document outlines the response of the Government to the answers given by respondents during the consultation.