Understanding Employment and Support Allowance (ESA) in the UK

What is Employment and Support Allowance (ESA)?

Employment and Support Allowance (ESA) provides support and financial help to those who find it difficult to work due to an illness or disability.

ESA can help you in two ways:

• You could get money if you can’t work or your ability to work is limited.
• You could get personalised support to help you get back into work if you’re able to.

Types of ESA

There are three types of ESA. Two of them are no longer available for new claimants:

• New-style ESA – the one for new claimants
• Contribution-based ESA
• Income-related ESA

People on the old-style ESA may receive a ‘Migration Notice’ telling them to apply for the new-style ESA.

New-style ESA

All current claims will be for new-style ESA. You’ll receive a payment every two weeks. You can claim new-style ESA on its own or with Universal Credit. But this will depend on your National Insurance record.

If you get both, your Universal Credit payment will be reduced by how much new-style ESA you get.

Contribution-based ESA

Existing claimants can still get contribution-based ESA. But you can’t make a new claim for it. It was paid if you paid enough National Insurance contributions when you were working.

Income-related ESA

You can’t make a new claim for income-related ESA. Income-related ESA was means tested. This means your income, savings and investments had to be below a certain level to qualify.

Who is eligible for ESA?

Remember that new claims can only be made for new-style ESA.

Criteria for eligibility

To qualify for new-style ESA, you’ll need to:

• Be aged 16 or over and under the State Pension age
• Have an illness or disability that affects how much you can work
• Have worked as an employee or been self-employed
• Have paid enough National Insurance contributions, usually in the past two to three years
• Not be claiming Jobseeker’s Allowance, Income Support or Statutory Sick Pay (SSP). You can apply for ESA up to three months before your SSP ends.

If you’re not sure if you’ve paid enough National insurance contributions, you can check your record on the gov.uk website.

ESA rates

When you first claim your ESA benefit, you’ll usually get an assessment rate for 13 weeks. During this time, you’ll be assessed by the Department for Work and Pensions (DWP).

You’ll then be put into one of two groups. If you can go back to work in the future, you’ll be in the work-related activity group. If not, you’ll be in the support group.

Rates for different types of ESA

New-style ESA assessment phase

New-style ESA main phase

The amount of income-related ESA can go up if you or your partner gets another disability benefit. But it can go down if you have any form of income or if you have savings or own property.

How to apply for ESA

The following process applies to new-style ESA.

Documents and information neededBefore you start your application, have the following information ready:

• Your National Insurance number
• Your bank or building society account number and sort code
• Your doctor’s name, address and phone number
• A fit note (sick note) if you’ve not been able to work for more than seven days in a row
• Any income you receive if you work
• The date your Statutory Sick Pay ends if you’re claiming it
  

Application process steps

• Start your claim by filling in the form on the gov.uk website. Or phone the Jobcentre Plus helpline on 0800 055 6688.
• Attend your new claim appointment. This is usually over the phone. Discuss with your work coach what you’ll need to do to get the payments. This is called a ‘Claimant Commitment’.
• You’ll get a letter from the DWP confirming if you’ll get ESA and how much.
• You’ll need to send in regular fit notes and report any change in your situation to keep getting new-style ESA.

After applying for ESA

Within four weeks of your first ESA payment, you’ll be sent a form in the post. This ESA50 form is a questionnaire. It gives you the chance to tell DWP how your health condition, disability or illness affects your ability to work.

You must send this form back within 28 days of the date you receive it. Once you’ve returned the form, you might be asked to go to a work capability assessment.

What to expect: work capability assessment

The work capability assessment will find out how much your health condition, disability or illness affects your ability to work. It will assess what you can and can’t do.

During the assessment, you’ll be asked how your condition affects you in everyday life and how it can vary over time.

You’ll be told whether your assessment will be in person, by video call or by phone.

Receiving your ESA decision

Based on your assessment, you’ll receive a decision letter to say whether you’ll still get new-style ESA, and which group you are in.

• If you’re in the work-related group: You’ll need to go to regular interviews with a work coach. Your coach can help you improve your skills or write a CV.
• If you’re in the support group: You won’t need to go to interviews. But you can tell your work coach if you want to take part in work-related activities.

What to do if your ESA application is declinedIf your ESA application is rejected, you can often appeal the decision.

Check if you need to ask for a mandatory reconsideration

Before you can appeal, you might need to ask the DWP to look at their decision again. This is called a mandatory reconsideration.

You can do this if the DWP has decided you don’t have limited capability for work because:

• You didn’t attend your work capability assessment; or
• You didn’t return your ESA50 questionnaire.

You can appeal without mandatory reconsideration if:

• This is the first time the DWP has decided you don’t have limited capability for work
• Your score wasn’t high enough for your work capability assessment.

Your decision letter will tell you if you can appeal straight away.

Understanding the appeals process

You must appeal within one month of the date on your mandatory reconsideration notice or your decision letter.

You can start the ESA appeals process by:

• Filling in an online appeal form; or
• Completing form SSCS1 on the gov.uk website, printing it and posting it to HM Courts and Tribunals Services

You’ll need to explain why you’re appealing and why you disagree with the DWP’s decision. You can choose whether to go to a hearing in person or have a ‘paper hearing’.

A paper hearing is based on the information you’ve provided on your form and any evidence you have. But these hearings often don’t succeed, so choosing a hearing in person is usually best.

It can take up to six months for your tribunal hearing to be arranged.

Preparing for the Social Security Tribunal

If you attend your tribunal hearing in person, you can explain why you think the decision made was wrong.

Be prepared to answer questions from the hearing panel, which is often a judge and a doctor.

It can be sensible to take a solicitor or someone from a legal advice agency to represent you at the hearing. Some Citizens Advice bureaus offer this service for free. You can also take a family member or friend for support.

In most cases, you’ll get an answer on the day of the hearing. If not, it will be sent through the post

FAQs About ESA

Can you work while receiving ESA?

You can usually work while claiming ESA if the following apply:

• You work less than 16 hours a week; and
• You don’t earn more than £183.50 a week.

You should tell Jobcentre Plus about your work, including any voluntary work, when you claim.

How does ESA affect other benefits?

You won’t be able to get new-style ESA if you get Jobseeker’s Allowance, Income Support or Statutory Sick Pay.

If you are claiming Universal Credit, you can get this alongside new-style ESA. But your Universal Credit payment is reduced.

You can get ESA if you’re claiming Personal Independent Payment (PIP).

How long can you claim ESA?

You’ll only receive new-style ESA for 12 months if you’re in the work-related activity group. If you’re in the support group, there’s no time limit.

Summary and key takeaways

Employment and Support Allowance (ESA) can provide valuable financial support for illness or disabilities that prevent you from working.

To boost your chances of a successful claim, be sure to complete the relevant forms on time and attend your work capability assessment when requested.