We are commonly asked about Disability Living Allowance (DLA) eligibility by sleep apnoea sufferers. We contacted the government directly asking for a definitive statement. They replied as follows :"The Decision Maker makes a decision regarding the needs that arise from a disability rather than the disability itself."
An additional supplied document on eligibility read as follows :Disability Living Allowance - eligibility
You may be able to get Disability Living Allowance if you are aged under 65 and you have needed supervision or help with personal care, or had walking difficulties because of a physical or mental disability for three months, and you are likely to need this help or have these difficulties for at least another six months.If you have care needs
To get the care component of Disability Living Allowance, your disability must be severe enough for you to either:
- need help with things such as washing, dressing, eating, getting to and using the toilet, or communicating your needs
- need supervision to avoid you putting yourself or others in substantial danger
- need someone with you when you are on dialysis
- be unable to prepare a cooked main meal for yourself (if you had the ingredients), if you are aged 16 or over
There are three rates of care component depending on how your disability affects you:
- the lowest rate, if you need help or supervision for some of the day or you are unable to prepare a cooked main meal
- the middle rate, if you need help with personal care frequently or supervision continually throughout the day only, or help with personal care or someone to watch over you during the night only, or someone with you while on dialysis
- the highest rate, if you need help or supervision frequently throughout the day and during the night
You can get Disability Living Allowance for your care needs even if no one is actually giving you the care you need, even if you live alone.If you have mobility needs
To get the mobility component of Disability Living Allowance, your disability must be severe enough for you to have any of the following walking difficulties, even when wearing or using an aid or equipment you normally use:
- you are unable or virtually unable to walk, or you have no feet or legs
- you are assessed to be both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness and you need someone with you when you are out of doors
- you are severely mentally impaired with severe behavioural problems and qualify for the highest rate of care component
- the effort of walking could threaten your life or seriously affect your health
- you need guidance or supervision from another person when walking out of doors in unfamiliar places
There are two rates of the mobility component depending on how your disability affects you:
- the lower rate, if you need guidance or supervision out of doors
- the higher rate, if you have any of the other, more severe, walking difficulties
You may be entitled to only the care component or only the mobility component, or you may be entitled to both.If you are claiming for an ill or disabled child
Your child must need a lot more help or supervision than other children of the same age.
You can claim for care needs before a child is aged three months, but benefit will not be paid before the child reaches the age of three months unless they are paid under 'special rules' (see below).
You can claim for mobility needs from:
http://www.direct.gov.uk/en/CaringForSo ... /index.htmSpecial rules - if you are terminally ill
- age three, if your child is unable, or virtually unable, to walk
- age three, if your child is assessed to be both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness
- age three, if your child is severely mentally impaired with severe behavioural problems and qualifies for the highest rate of care component
- age five, if your child needs guidance or supervision when walking out of doors
If you have a progressive disease and are not reasonably expected to live for more than another six months, there are special rules to help you get Disability Living Allowance more quickly and easily. You can get the highest rate of the care component immediately without waiting until you have needed help for three months.
You can make a claim for someone under the special rules without them knowing or without their permission. If they satisfy the relevant conditions, they will get a letter saying that they have been awarded Disability Living Allowance, but special rules will not be mentioned.Your circumstances
There are certain conditions about your circumstances and your residence and presence which you need to meet to get Disability Living Allowance.http://www.direct.gov.uk/en/MoneyTaxAnd ... G_10012424
You can contact the Disability Living Allowance/Attendance Allowance Helpline on 08457 123456 from 7.30am-6.30pm Monday-Friday or if you have use of a text phone (if you are hard of hearing) call 08457 224433.