Is sleep apnoea a disability?
Under the Equality Act 2010, a condition counts as a disability if it has a substantial (more than minor) and long-term (12 months or more) effect on your normal daily activities. The law looks at how you would be without treatment. OSA that is well controlled with CPAP may not be covered, but OSA that still causes severe tiredness can be.
At work
Tiredness can affect concentration and safety. Reasonable adjustments could include:
- flexible start times, or avoiding night shifts
- regular breaks
- avoiding safety critical tasks until your treatment is working
- time off for sleep clinic appointments
If you drive for work, you must follow the DVLA rules, and tell your employer if you cannot drive for a while.
Benefits
OSA on its own does not usually qualify for PIP, as treatment usually works well. If you have other conditions, such as heart disease, COPD or obesity, that affect your daily life, the help you can get depends on those.
PIP points self-check
Go through the 12 PIP activities one at a time and see roughly how many points may apply to you.
About 10 minutes. Your answers never leave your device.
Free, independent advisers, such as Citizens Advice or a local welfare rights service, can help you check what you can claim and fill in forms.
Sources we used
- GOV.UK, Definition of disability under the Equality Act 2010
- GOV.UK, Excessive sleepiness and driving
- GOV.UK, Personal Independence Payment
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