Is sleep Apnoea a disability?

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RSISolutions
RSISolutions Online Community Member Posts: 132 Contributor
in Universal Credit (UC)
Is sleep Apnoea a disability if it is so bad the person who has it has to use a machine to sleep? 
If it is classified as disability then how would this affect the person in terms of benefits?
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  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Hi,


    To be eligible for any other benefits besides PIP will totally depend on the persons circumstances.

    It's no longer possible to claim the old Income Related ESA as it's now all Universal Credit. Whether they're entitled to any UC will totally depend on their circumstances because it's a means tested benefit.

    New style ESA maybe possible but to claim this they must have paid the correct amount of NI contributions from working in tax years April 2017 to April 2019.

  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    If the persons sleeping patterns are irregular and they feel sleepy during the day. Or if their energy levels on a particular day cannot be depended upon. And all this is because of Apnoea, then surley this must qualify for New Style ESA? 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    They can't claim New style ESA unless they have worked and paid the correct amount of NI contributions in tax years stated in my previous comment.

    If they haven't they can look at claiming universal credit by using a benefits calculator that i posted a link for in my previous comment. To start the limited capability for work process of they will need fit notes from their GP.

    Also if they have savings/capital of more than £16,000 they'll be excluded from claiming. If they have £6,000 and over they'll see a deduction of £4.35 per month for every £250 over that amount.

    They may want to speak to an advice agency near them because without knowing all of their circumstances it's impossible to give any benefits advice.
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    This person stopped working a few weeks before lockdown. Before that the person held a professional well paid job paying lots of NI contributions. This person has less than 6,000 pounds in savings. 
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor

    During the day this person who has sleep Apnoea

    • feels very tired
    • finds it hard to concentrate
    • has mood swings
    • has a headache when they wake up. 
    Since the have paid plenty of NI contributions, surley this must make them qualify for new Style ESA? 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    It's the 2 previous tax years that count. They can certainly apply and wait for the decision to made on their claim. It can take between 3-4 weeks. New style ESA pays £74,35 per week (over 25's) They'll need a fit note from their GP to be able to claim this.

    What have they been doing for money since they quit working? Lockdown was in March and we are now past the middle of September.
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    Claiming Universal Credit and being unemployed. 
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    But they need to show they have been looking for work for 35 hours per week and this is not possible due to the effects of the sleep Apnoea 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    As i previously adsvised, UC is a means tested benefit and claiming it will totally depend on their circumstances. You haven't given any information about this persons circumstances so it's impossible to give any advice.

    They should use a benefits calculator to check entitlement, as advised previously.

    If they claim New style ESA and UC at the same time then they NS/ESA payments will be deducted in full from any UC entitlement. If they live with a partner they will need to claim UC as a couple. A claim for UC will end any tax credits they may already be claiming.
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    This person is single and doesnt need to claim tax benefits. They do not have any children. 

    I think my question is more directed towards the fact that because they feel very tired during the day, find it hard to concentrate, have mood swinds, have a headache when they wake up - does this qualify as a disability? They are unable to function properly during the day. Does anyone one here have experience of claiming a disability benefit with Apnoea? 

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Your question has already been answered, here and on your other thread. PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. You can't compare 2 people because we are all affected differently by these conditions.

    If they think they qualify then they will need to start a claim by ring DWP/PIP.
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    Thank You @poppy123456. This person will not qualify for PIP. They can do all the PIP descriptos. 
    Before rining the DWP to see if they qualify I want to check out a few things on here and other forums. My my previous experience showed me that of doing a bit or research first and then claiming ESA  was a good approach. My claim was succesfull. 
    I am looking for people with lived experience of claiming a disability benefit with this condition or a trained Scope benefit advisor who can help. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    You're welcome.

    Please remember that PIP isn't about your ability to work. You keep mentioning a disability benefit, PIP is the only disability benefit that's possible to claim if the person is between 16 and state pension age. You also said that they wouldn't qualify for PIP so i'm confused why a call to DWP is needed to see if they qualify.

    ESA/UC is about your ability to work, so they are totally different benefits. If this person qualifies for UC or ESA then they should claim them. New style ESA isn't means tested. UC is means tested but if they claim UC they will also need a fit note from their GP to start the limited capability for work process off. The work capability assessment for UC is the same process as the one for ESA.

    May i ask if the person is you or someone that you know?
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    A call to the DWP to see if they qualify for PIP is not required. This person wont qualify. 
    The call to DWP will only be required to see if the qualify for another disability benefit. 

    Yes, this is someone I know. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    There's no other disability benefits, it's PIP or nothing for those aged between 16 and state pension age.

    UC and New style ESA are not disability benefits. They are earnings replacement benefits. A call to DWP to ask if they are entitled isn't going to help and they are not the best people to ask for advice over the phone.

    Your friend needs to apply for the benefits to see if they are entitled to them. If they claim both UC and NS/ESA they won't be financially better of because ESA will be deducted in full from any UC entitlement.

    If they need to claim for help with the rent then it's UC they need to claim. They will need a fit note for both benefits, if they are unable to work.

    To claim UC they will need to do this online here. https://www.gov.uk/apply-universal-credit



  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    Thanks @poppy123456. The link you sent above describes new style ESA as

     'If you are ill or have a health condition or disability that limits your ability to work you may be able to get New Style Employment and Support Allowance (ESA).'

    Scopes own definition on their website says '    ESA is a benefit for people whose ability to work is limited by disability or poor health.' https://www.scope.org.uk/advice-and-support/employment-and-support-allowance/

    So I dont understand why you say PIP is the only disability benefit. it looks from both thesedescriptions, ESA is for people with disabilities. 

    I have always understood that calling the DWP for help over the phone or even in person is not the best approach for asking for help. This is why I use these forums, get legal advice and contact my local disability charity. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited September 2020
    No, not in the way you describe it. It's for people who are unable to work. Not everyone can claim the New style ESA as i previously advised. If they can't claim this then they will need to look at claiming Universal Credit and if they need help with the rent then UC is what they need to claim as well because new claims for housing benefit are no longer possible.

    I've given you all the advice i can give you. If your friend needs a benefit check then they should speak to an advice agency near them for a full benefits check.

    I totally understand you're trying to help this person, which is very nice of you but without more information about their circumstances it's not easy to give advice. I also don't understand why they've waited since before the lockdown to enquire about claiming benefits.
  • RSISolutions
    RSISolutions Online Community Member Posts: 132 Contributor
    edited September 2020
    Thank you for your advice @poppy123456. I'd like to end this conversation with you now. 

    Does anyone else have any comments? 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    You're welcome.
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    Good morning @RSISolutions :) 

    From experience I can say that benefits can be a confusing subject, it can be difficult to know what you're entitled to because there's so many things that can factor into it, like employment status, living situation, finances and what particular impairment you have.

    I think a good place to start is a benefits checker, that will help work out entitlement based on your situation. And then the relevant descriptors for each benefit will help further.

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