Appendices
Appendices - Benefit Changes
Employment and Support Allowance

Introduction

You might be able to get Employment and Support Allowance (ESA) if you have difficulty working because you’re sick or disabled. This is called having ‘limited capability for work’.

You can get ESA at the same time as other benefits like Personal Independence Payment (PIP).

You can’t usually get ESA at the same time as Jobseeker’s Allowance (JSA) or Income Support.

If you’re employed but you can’t work, you’ll usually get Statutory Sick Pay (SSP) from your employer for 28 weeks. You can’t get SSP and ESA at the same time, but you can start your ESA claim up to 3 months before your SSP ends. It’s worth claiming ESA early so your payments start as soon as possible.

You can get ESA if you’re self-employed – the application process is the same.

To claim ESA you must:

  • be aged 16 or over
  • be under State Pension age
  • live in England, Wales or Scotland

You can only do a limited amount of work while you get ESA.

Check what type of ESA you can claim

The type of ESA that most people can claim is called ‘new style’ ESA.

There are two old types of ESA, which some people are still getting – they’re called ‘income-based ESA’ and ‘contribution-based ESA’. If you’re already getting contribution-based ESA, you might be able to add income-based ESA to it. This could mean you’ll get more money. You can’t make a new claim for contribution-based ESA.

If you’ve been getting a severe disability premium (SDP), you can apply for new style ESA.

If you should have been getting an SDP but it’s not included in your benefits, you should get support and advice from your local Citizens Advice.

Check if you can claim ‘new-style’ Employment and Support Allowance

You usually need to have met National Insurance conditions for 2 tax years – in 2022 the tax years are 2019–20 and 2020–21.

You can check your National Insurance record on www.gov.uk/check-national-insurance-record It will say if you have a ‘full year’ of contributions, and if this comes from employment, self-employment or National Insurance credits.
You might have got National Insurance credits to fill gaps in your payments. For example, if you were getting benefits because you weren’t working or were ill.
You will meet the National Insurance conditions if you have either:
  • full years contributions from employment or self-employment for both tax years
  • 1 full year of contributions from employment or self-employment and the other full year from National Insurance credits

If you don’t think you meet the National Insurance conditions or you can’t check your National Insurance record, you should still apply for new-style ESA. You might meet the National Insurance conditions in other situations. The DWP will check your National Insurance record as part of your application.

Even if you don’t qualify for new-style ESA, you might still get National Insurance credits if you have limited capability for work. These National Insurance credits might help you qualify for ESA in the future. They also count as contributions for your State Pension.

If you and your partner can both claim new-style ESA, you should make separate claims.

If you’re eligible for new style ESA, you’ll usually have to apply online.

Check if you can add income-related ESA to your claim for contribution-based ESA

If you’re already getting contribution-based 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’
  • if you live with a partner, they must work less than 24 hours each week

If you live with a partner, 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), Child Disability Payment in Scotland, Personal Independence Payment (PIP) or Armed Forces Independence Payment (AFIP).

To add income-related ESA you shouldn’t make a new claim – you should ask the DWP for a ‘supersession’ of the claim. You can ask for your claim to be superseded by either:

  • writing to the address on your ESA letters
  • calling the Jobcentre Plus

Jobcentre Plus helpline

Monday to Friday, 9am to 5pm
Telephone: 0800 169 0310
Textphone: 0800 169 0314
Welsh language: 0800 328 1744
Calls are free from mobiles and landlines.

Relay UK – if you can’t hear or speak on the phone, you can type what you want to say: 18001 then 0800 169 0310. You can use Relay UK with an app or a textphone. There’s no extra charge to use it. The service is available Monday to Friday, 9am to 5pm.

The Citizens Advice website has the most up-to-date information on ESA – www.citizensadvice.org.uk