Employment and Support Allowance

 

Index

You can read through this information sheet, or go directly to the sections you want to read by clicking on these links:

• Who does it help?   
• What help does it provide?
• How much does it pay?
• How do I make a claim?
• Work Capability Assessment
• What documents will I need?
• Sanctions for people in work-related group
• Can ESA be backdated?
• Challenging decisions
• Change of circumstance
• Benefit cap and ESA

Who does it help?

There are two sorts of Employment and Support Allowance (ESA):

• contributory ESA, which you can get if you have paid enough national insurance contributions. However, the amount of time it can be paid for will be limited to 365 days (see the Turn2us changes to ESA May 2012 information sheet for more information).
• income-related ESA, which you can get if your income and savings are low enough.  You can't get any income-related ESA if you have savings of more than £16,000.

You may be able to get one or both types of ESA depending on your circumstances.

For both types of ESA, you will usually have to have assessments to prove you have limited capability for work.

People who have a terminal illness

If you have a terminal illness, there are special rules. You can get ESA from the first day of sickness and will not have to score points in a medical examination. You will get ESA with a support component from the start of your claim.

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How much does it pay?

The amount of ESA you can get depends on different factors:

• whether you are getting contributory ESA or income-related ESA or both
• whether you are in the first 13 weeks of a claim (assessment period)
• what level of support you are considered to need after the first 13 weeks (main phase)
• whether you are aged 25 or over
• whether you live with a partner.

For example, for contributory ESA, if you are a single person under 25, in the first 13 weeks of a claim, you can get up to £56.80. If you are a single person aged 25 and over, you can get up to £71.70.

If you get income-related ESA, your income will be compared with an amount the Government thinks is enough for you to live on. If your income is less than this amount, you will get the difference. If your income is equal to or more than this amount, you won't get income-related ESA.

You can find out all the current rates of ESA (link opens in a new window) from the Government's GOV.UK website.

If you are getting income-related ESA and you have a mortgage, you could also get some help with your housing costs. If you are in rented property you could get the maximum amount of Housing Benefit for your situation.

If you receive contributory ESA (after the assessment phase) you also qualify for a £10 Christmas Bonus each year. You do not need to make a claim for the bonus it is paid automatically. It does not affect any other benefits you might get.

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Cold Weather Payment

If you are responsible for a child under five, or receive one of the following amounts with your income-related ESA, you also qualify for a Cold Weather Payment of £25 if the average temperature where you live falls to zero degrees celsius or below for seven days in a row:

• Work-related Activity component
• Support component
• Severe Disability
• Enhanced Disability
• Pensioner

You may also qualify if you are getting Child Tax Credit with the disability or severe disability element alongside your ESA. 

You do not need to make a claim as the payment will be made automatically for each week of cold weather.

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How do I make a claim?

Telephone Claim

Phone Jobcentre Plus:
Telephone: 0800 055 6688
Textphone: 0800 023 4888
Welsh language line: 0800 012 1888

Paper Claim

Download a claim form from the Gov.UK website (link opens in a new window)

In Northern Ireland
Telephone: 0800 085 6318
Textphone: 0800 328 3419

Download a claim form from the NI Direct website (link opens in a new window)

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Work Capability Assessment

The Work Capability Assessment (WCA) is the medical test claimants for ESA have to take. It is in two parts:

• The first part assesses whether you have limited capability for work. This is a points-based assessment, based on the difficulties you have carrying out a number of physical or mental tasks. You have to score at least 15 points in order to qualify for ESA.
• The second part of the WCA is the limited capability for work-related activity assessment. This assesses whether you will be expected to undertake activities in order to prepare to return to work in the future. Only people with a severe level of disability will pass the limited Capability for Work-Related Activity test.

Work-Related Activity Group and Support Group

• If you have limited capability for work, but do not have limited capability for work-related activity, you will be put in the Work Related Activity Group (WRAG) . You will receive the basic rate of ESA plus an extra amount called the work-related activity component. You will also have to attend a series of work-focused interviews with a personal adviser from the Department for Work and Pensions.
• If you have limited capability for work-related activity you will be put in the Support Group. You will receive the basic rate of ESA plus an extra amount called the support component. If you are not put in the support group.

Changes to the Work Capability Assessment

From 28 January, some changes have been made to WCA to clarify that:

• A person with cancer receiving or recovering from chemotherapy or radiotherapy, or likely to receive chemotherapy or radiotherapy within the next six months, can be treated as having both limited capability for work and limited capability for work-related activity
• A person undergoing medical or other treatment in a hospital or similar institution, which requires staying for a period of 24 hours or longer following that treatment, can be treated as having limited capability for work
• The exceptional circumstances rules for limited capability for work will not apply if the risk could be significantly reduced by reasonable adjustments being made to the claimant’s workplace or the claimant taking medication prescribed by their GP to manage their condition.

There are also changes to the activities and descriptors (identifying labels) in the WCA. There is a full list of these changes in the appendix of the guidance note for Department for Work and Pensions (DWP) decision makers, memo 1/13 (link opens in a new window, PDF 86.5kb).

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What documents will I need?

You have to provide:

• medical evidence of your condition
• evidence of who you are, for example, a driving licence or birth certificate
• your national insurance number and the national insurance number of your partner if you are claiming income-related ESA. If you do not have a national insurance number, you should be given one when you make your claim. 

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Can ESA be backdated?

Employment and Support Allowance can be backdated for up to three months before the date of claim if you would have been entitled to it earlier. It does not matter why your claim is late. Request this when claiming

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Sanctions for people in the work-related group of ESA

There have been a number of changes to the conditions you have to meet in order to remain entitled to receive ESA and the penalties that can be imposed if you do not meet those conditions.

These rules do not apply to you if you are placed in the support group.

These amendments are part of the preparation for Universal Credit which will bring together the main working age benefits and introduce common rules about conditionality and the sanctions that may be applied if you fail to carry out a required action.

Fore more information, see our ESA sanctions information sheet.

Please note: No sanctions should be imposed in ESA if you can show good cause for your action that led to the sanction being considered. All decisions to apply a sanction are able to be appealed if you disagree.

Challenging decisions

If you disagree with the decision made on your benefit claim you can ask for a written statement of reasons. If you still believe the decision is wrong, for example due to incorrect information being used, you can ask for it to be looked at again, and/or appeal.

The time limits are strict, you will usually be given one month to dispute a decision, so it is important to seek advice and act quickly.

Further information on Challenges and complaints

Change of circumstance

You must report changes in your circumstances which might affect your entitlement to this benefit

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See the Turn2us changes to ESA May 2012 information sheet for more information

Benefits cap and Employment and Support Allowance

If you or your partner receive the Support Component of Employment and Support Allowance, you will be exempt from the benefit cap which will be introduced from April 2013.

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Last updated: 8 April 2013