Employment and Support Allowance due to ill health or disability

What is Employment and Support Allowance (ESA)?

If you have a health condition or a disability, Employment and Support Allowance (ESA) can help you in two ways:

• You can get money if you cannot work or your ability to work is limited.
• You can get personalised support to help you get back into work if you're able to. This includes things like setting job goals and improving your skills.

There are two types of ESA:

• New Style or contributory ESA (this is known as New Style ESA if claimed after the introduction of Universal Credit in your area, or contributory ESA if claimed before).
• Income-related ESA.

It's only possible to make a new claim for New Style ESA. Existing claims for contributory ESA and income-related ESA can continue.

Contact a benefits adviser to find out which type of ESA you could claim.

New Style ESA

You can make a new claim for New Style ESA. New Style ESA is not means-tested. This means whether you can get it and how much you get, is not affected by your income, savings, or investments (but it may be affected by certain pension payments).

If you're on a low income or need help with living costs, you may be able to claim Universal Credit at the same time. You cannot receive New Style ESA at the same time as income-related ESA.

Contributory ESA

You cannot make a new claim for contributory ESA but existing claims can continue. This section is only for people already claiming contributory ESA.

Contributory ESA is the name for ESA claimed before Universal Credit was introduced in your area. Contributory ESA is not means-tested. This means whether you can get it and how much you get, is not affected by your income, savings, or investments (but it may be affected by certain pension payments).

If you're already getting contributory ESA, you might be able to add income-related ESA to it, giving you more money. See below for more information on this.

Income-related ESA

You cannot make a new claim for income-related ESA. But you might be able to add it to contributory ESA if you already get this, and you need means-tested support. See below for more information on this.

Income-related ESA is means-tested. This means your income, savings and investments must be below a certain level to get this benefit. And how much you get depends on the amount of income, savings and investments you have.

Income-related ESA is being replaced by Universal Credit. The Department for Work and Pensions will contact you about switching.

Should I apply for ESA, Universal Credit or both?

Whether you can claim ESA depends on your National Insurance contributions. Whether you can claim Universal Credit depends on your household income, savings and investments.

Universal Credit is a means-tested benefit that will eventually replace other means-tested benefits, including income-related ESA. Universal Credit will not replace New Style ESA.

If your income is low enough, Universal Credit can be paid as well as New Style ESA. New Style ESA counts as income for Universal Credit, so claiming it will not mean that your income increases. However, many people chose to claim both for the following reasons:

• New Style ESA is usually paid more regularly than Universal Credit (once every two weeks rather than once a month).
• New Style ESA entitles you to Class 1 National Insurance credits (which count towards several benefits).
• Universal Credit entitles you to Class 3 National Insurance credits (which only count towards your State Pension).
• New Style ESA is not means-tested, so will continue even if you have a change in your financial situation.

Can I claim ESA?

The rules for who can claim are different for each type of Employment and Support Allowance (ESA).

New Style ESA

You may be able to claim New Style ESA if the following apply:

• You're aged 16 or over, and are under State Pension age. Visit GOV.UK to check your State Pension age.  
• You have an illness or disability that affects how much you can work, and you're found to have limited capability for work under the Work Capability Assessment. You do not need to have the assessment if you're applying under the special rules for people with a terminal illness.
• You have worked as an employee or have been self-employed.
• You have met the National Insurance conditions – check this by calling the Universal Credit helpline on 0800 328 5644 or speak to a benefits advisor.
• You're not entitled to Statutory Sick Pay or Maternity Pay.
• You're not entitled to Jobseeker's Allowance or Income Support.

ESA and work

You can apply for ESA if you're employed, self-employed, unemployed or a student. If you're working you must be doing 'permitted' work. This means you cannot earn more than £183.50 per week, and you must be working less than 16 hours a week or be in supported work (for example part of a treatment programme). Visit GOV.UK for more information about working while you claim.  

Work Capability Assessment (WCA)

If you're applying under the special rules, you do not need to have the Work Capability Assessment (WCA). The WCA is used to determine whether you're entitled to Employment and Support Allowance (ESA). The assessment looks at different activities that relate to your physical and mental health. You're given points depending on how much difficulty you have performing the different activities.

The WCA is made up of two stages: the limited capability for work assessment, and the limited capability for work-related activity assessment. If you're found to have limited capability for work only, you will be entitled to ESA and placed in the work-related activity group. If you're found to have both limited capability for work and limited capability for work-related activity, you will be entitled to ESA and placed in the support group.

Work-related activity group

If you're placed in the work-related activity group, your New Style ESA claim will be limited to 12 months. You will be expected to take part in work-focused interviews and undertake work-related activities.

Support group

If you're eligible under the special rules for people with a terminal illness, you are automatically placed in this group. If you're placed in the support group, you will receive the support component on top of the basic rate of ESA. Your award will not be time-limited, and you will not have any work-related requirements.

Income-related ESA

You cannot make a new claim for income-related ESA. But if you're already getting contributory ESA, you might be able to add income-related ESA if you're eligible for it.

To get income-related ESA:

• you must have no income or a low income
• you must have less than £16,000 in savings
• you must not be 'subject to immigration control' – visit Citizens Advice to check if you're subject to immigration control  
• if you live with a partner, they must work less than 24 hours each week.

If you have a partner you live with, the DWP will add your income and savings together.

If you're in full time education, you can only get income-related ESA if you also get Disability Living Allowance (DLA), Personal Independence Payment (PIP) or Armed Forces Independence Payment (AFIP).

Are there special rules for terminal illness?

Yes - if you're living with a terminal illness, you may be able to apply for Employment and Support Allowance (ESA) under the special rules.

How will the special rules affect my claim?

If you're eligible for ESA under the special rules:

• your claim will be fast-tracked
• you should be put in the support group when you first claim – this means you'll get £138.20 each week straight away
• you will not need to have a Work Capability Assessment.

Who can apply for ESA under the special rules?

You can apply under the special rules if you have a disease that gets worse over time, and your healthcare professional thinks you might have less than 12 months to live.

If you claim ESA under the special rules, you still have to meet the standard criteria to claim ESA. 

It's often very difficult to predict how long someone might live for. If your doctor has not talked to you about how long you might live for, you can still ask them about supporting your claim under the special rules.

If you're likely to live longer than 12 months

You can still apply for New Style ESA if you're expected to live longer than 12 months. But you will not be able to apply under the special rules. You can find out more at GOV.UK   if you live in England, Wales or Scotland, or at nidirect   if you live in Northern Ireland.

How much is ESA?

If you're eligible for Employment and Support Allowance (ESA) under the special rules for people with a terminal illness, you should be put in the support group when you first claim, so you'll get £138.20 each week straight away. If you're not eligible for the special rules, the standard rates are below:

You'll normally get the assessment rate for the first 13 weeks while your claim is being assessed:

• up to £71.70 a week if you're aged under 25
• up to £90.50 a week if you're aged 25 or over.

After the assessment period, you'll be placed in one of two groups and will receive:

• up to £90.50 a week if you're in the work-related activity group
• up to £138.20 a week if you're in the support group.

If you're not applying under the special rules, the assessment can often take longer than 13 weeks. If this happens, any additional money (from the work-related or support group) that you're found to be entitled to, should be backdated to when the 13-week period ended.

The amount you receive is not reduced by earnings from permitted work. Read about what counts as permitted work. 

ESA and pensions

Although New Style ESA is not means-tested, it is reduced if you receive certain payments over £85 before tax, per week. These could be from certain pensions, health insurance or the Financial Assistance Scheme. New Style ESA is reduced by half of any amount over £85. For example, if you have an occupational pension of £120 per week, this is £35 over £85. So New Style ESA is reduced by half of the £35, which is £17.50 per week.

Income-related ESA

If you are entitled to income-related ESA, you may receive additional premiums. If you are in the support group, you will be entitled to the enhanced disability premium (also payable if you receive certain disability benefits). You might also qualify for the severe disability premium, carer premium, or pensioner premium. When you claim, the government department will check this and see what you're eligible for.

When is ESA paid?

You'll get paid ESA every two weeks. Find out how and when your benefits are paid on GOV.UK.  

How do I claim ESA?

The way you apply depends on what type of Employment and Support Allowance (ESA) you're claiming. If you're not sure what type you should apply for, speak to a benefits adviser.

You may be able to get help with your claim, or someone could claim on your behalf. 

If you're not applying under the special rules, you will have a Work Capability Assessment assessment.

New style ESA

1. Check you're eligible for New Style ESA.

2. Apply – how you can apply depends on where you live. If you live in England, Wales or Scotland, here's how you can apply:

• Online: you can apply online at the GOV.UK website.  
• Contact the Universal Credit helpline using the details below. You can contact the helpline to apply if you cannot apply online, or if you're an appointee for someone. An appointee is someone who manages another person's benefits if they cannot do so themselves. For example, if someone is mentally incapable or severely disabled. 
• Call 0800 328 5644 and choose option 3; for Welsh language call 0800 328 1744; textphone 0800 328 1344 and choose option 3; Relay UK 18001 then 0800 328 5644; or visit GOV.UK   to access the British Sign Language video relay service.

If you're in Northern Ireland, here's how you can apply:

• Online: you can apply online at the nidirect website.  
• By phone: call the ESA Centre on 0800 085 6318.
• By textphone: contact the ESA Centre on 0800 328 3419.
• By video relay service: visit nidirect  to access the British or Irish Sign Language video relay services.

3. If you're applying under the special rules, ask your healthcare professional to send an SR1 medical report form to support your claim.

If your claim is successful, you will get a certificate of entitlement showing what you receive.

Income-related ESA

To add income-related ESA to your existing contributory ESA claim, you should not make a new claim. You should ask the DWP for a supersession of the claim. A supersession is when a new DWP decision about a benefit claim is made. You can ask for this in a few different ways:

• Write to the address on your ESA letters.
• In England, Wales or Scotland, contact the Jobcentre Plus. Call them on 0800 169 0310; for Welsh language call 0800 328 1744; textphone 0800 169 0314,  Relay UK 18001 then 0800 169 0310, or visit GOV.UK   to access the British Sign Language video relay service.
• In Northern Ireland, contact the ESA Centre. Call them on 0800 587 1377, for textphone use 0800 328 3419 or visit nidirect  to access the British and Irish Sign Language video relay services.

Can I claim for someone else?

You can apply to become someone's appointee. Being an appointee lets you deal with the person's benefits if they are mentally incapable or severely disabled. You can find out more about being an appointee on GOV.UK.  

If you need help to claim

• In some cases, someone from the DWP (or a community outreach officer if you live in Northern Ireland) can visit you to help you with your benefit claim. This is only if you are eligible. Find out more about support visits at GOV.UK.  
• You can also get help from benefits advisers at organisations like Macmillan Cancer Support  , Age UK   or Maggie's Centres.  

ESA and other benefits

You cannot get New Style Employment and Support Allowance (ESA) if you get Jobseeker's Allowance or Statutory Sick Pay.

If you get Universal Credit, you could get New Style ESA at the same time. If you get both benefits, your Universal Credit payment is reduced by the amount you get for New Style ESA. ESA is usually paid more regularly than Universal Credit, and you get different National Insurance credits. Read more about claiming ESA and/or Universal Credit. 

You can get ESA at the same time as Personal Independence Payment (PIP). Entitlement to PIP does not mean that you will qualify for ESA, or vice versa – they have different rules for who claim them.

Sometimes there is a limit to the overall amount you can get from benefits – this is called the benefit cap. Find out more about the benefit cap from GOV.UK.   ESA is included in the benefit cap, however if you or your partner (if you have one) are in the support group, you will not be subject to the benefit cap.

Queries about existing claims

If you have any queries about an existing ESA claim or need to report a change of circumstances, you will need to contact the relevant ESA line:

• In England, Wales or Scotland, contact the Jobcentre Plus. Call them on 0800 169 0310; for Welsh language call 0800 328 1744; textphone 0800 169 0314, Relay UK 18001 then 0800 169 0310, or visit GOV.UK   to access the British Sign Language video relay service. Or, you can write to the Jobcentre Plus office that pays your ESA – the address is on the letters you get about your ESA.
• In Northern Ireland, contact the ESA Centre. Call them on 0800 587 1377, for textphone use 0800 328 3419 or visit nidirect   to access the British and Irish Sign Language video relay services.
• If you're in Northern Ireland and are transgender, you can also email: knockbreda.makethecall.scr@dfcni.gov.uk with any queries about ESA.

Where can I get more help?

Some benefits can affect the other benefits that you or the person you care for get, so it's important you have the right information and advice. Here are some organisations that can provide further support:

• Marie Curie Support Line on 0800 090 2309 provides general information about benefits and finances.
• Citizens Advice   has trained advisers you can speak to and provides information on your rights, including benefits, housing, employment, debt, consumer and legal issues. Search the site for your nearest bureau in England, Wales, Scotland and Northern Ireland.
• Turn2us   has a search function to find benefits advisers in your area, and provides people with financial support and information on benefits and grants.
• Macmillan Cancer Support   has welfare rights advisers you can speak to, and provides practical, medical and financial support for people affected by cancer.

Here at Marie Curie we cannot provide information about your specific benefit claim. For all queries about claims, you'll need to contact the relevant government department.

See our list of useful organisations for more places to go for benefits advice and information.