Skip to content
  • JĘZYK POLSKI
  • Login

London Advice Centre

  • Home
  • Areas of Advice
    • Employment Rights Advice
    • Housing Related Issues
    • Housing and Welfare Benefits, Pension
  • About Us
  • Volunteer
  • Support Us
  • Contact Us
  • Blog
  • Toggle search form

Explained: Employment and Support Allowance (ESA)

Posted on 23/08/202102/02/2023 By London Advice Centre

Employment and Support Allowance (ESA) is a benefit available to those with a disability or health condition limiting their ability to work, if at all. It helps cover the costs of daily living if you’re unable to work. It can support you getting back into work (if your health or disability allows it).

The are 2 types of Employment and Support Allowance: new style ESA, or (original) ESA which is split into 2 further sections. You can claim this alongside most other benefits such as Universal Credit (UC). However, you can’t have it as the same time as Statutory Sick Pay (SSP), Income support or Jobseeker’s Allowance (JSA). You claim ESA on your own, but your partners earnings and savings are taken into consideration.

Employment and Support Allowance

Eligibility

  • Over 16 years old but under State Pension Age
  • Live in England, Scotland or Wales

ESA is split into 2 categories: ‘income-based ESA’ and ‘contribution-based ESA’. Although you can no longer make a claim for ‘contribution-based ESA’, some people still receive it; they may be able to add ‘income-based ESA’ to it. You could be eligible for the extra ‘income-based ESA’ if you have low or no income; less than £16,000 in savings; not subject to immigration control; and, if you live with a partner, they must not work more than 24 hours weekly (the DWP adds your earnings and savings together). You then ask for a ‘supersession’ of your current claim to the Jobcentre or the address on your ESA letters – do not apply for a new claim.

If you’re temporarily ill, you’ll receive Statutory Sick Pay (SSP) for 28 weeks via your employer. Although you can’t then claim for ESA on top of that but you can prepare for it by starting your claim 3 months before you SSP ends.

Assessment

To assess your claim, you’ll attend a Work Capability assessment (in person, via telephone or video call). The meeting is to find out if your health condition or disability affects how much you can work.

During your assessment period you’ll be on a temporary payment rate for 13 weeks. Up to £59.20 if you’re under 25 years old, or up to £74.70 if you’re aged 25 or older. You can backdate your claim once it’s successful.

Following the assessment, you’ll be placed into one of 2 groups. The first: a work-related activity group where you’ll get up to £74.70 weekly. Or the second: a support group where you’ll be eligible for up to £114.10 weekly. You are entitled to the enhanced disability premium if you’re in the support group and also receive income-related ESA. You may be eligible for the severe disability premium.

Payment will be every 2 weeks.

You can still work whilst you claim ESA but must not earn more than £143 weekly or work more than 16 hours.

New Style ESA

New style ESA works very similarly to the previous version. It’s there to support those with a health condition or disability that limits their ability to work (if at all). Claim it alongside or instead of Universal Credit depending on your National Insurance contributions. It’s a contribution-based fortnightly payment, meaning you you’ll be eligible if you have enough National Insurance contribution or credit over the past 2 years.

Eligibility

  • Employed, self-employed or unemployed
  • Over 16 years old but under State Pension Age
  • Live in England, Scotland or Wales
  • Met National Insurance (NI) conditions for 2 tax years

NI conditions means you’ve contributed to NI in full, such as both years in employment (or self-employment). Having NI credits for 1 year as credit can also count.

  • A doctors/healthcare professional’s note (doctor’s note or fit note)

Following your application, you will attend a meeting with the DWP over the phone, normally via a JobCentre Plus. You’ll be asked about your disability/health condition. Consider how it affects your ability to work. You’ll need to provide medical evidence, then agree to your ‘Claimant Commitments’ which always include updating any change of circumstances. The meeting determines the outcome of your claim. You’ll be notified by the DWP within 10 days after the meeting regarding their decision.

There are 2 ESA groups. A work-related activity group (for 365 days) where you will attend meetings and interviews with a work coach to prepare and improve your skills for future work. And a support group (no time limit) where you are not expected to prepare for future work as your disability/health condition severely limits you.

If affected by coronavirus (COVID-19)

You can apply for new style ESA even if you’re not eligible for Statutory Sick Pay (SSP) if:

  • You (or you child) might have COVID-19
  • If you (or your child) are recovering from COVID-19
  • If you (or your child) are self-isolating

Whether that’s because you came into contact with someone who has COVID-19 or because your doctor/healthcare professional advised you to self-isolate (due to hospital stays or surgery etc.)

  • If you’re shielding due to COVID-19 (this has since stopped as of 26 April 2021)

You will have to provide sufficient evidence for your claim to be accepted, such as an isolation note from the NHS (via the app or website) or a letter from your doctor or healthcare advisor asking you shield.

Please note: this post was written in line with guidance at the time of publishing. For the most up-to-date guidelines please refer to gov.uk

www.londonadvicecentre.org

London Advice Centre Tags:advice, advice centre, benefits, employment and support allowance, esa, new style esa, universal credit, welfare benefits

Post navigation

Previous Post: Explained: Personal Independence Payment (PIP)
Next Post: Explained: Disability Living Allowance (DLA)

Contact Us

phone 020 3092 8211
envelope info@londonadvicecentre.org
Mon - Fri 9 am to 5 pm
Privacy Notice

The Data Protection Act 2018
ICO Registration Number:
ZB182557

Copyright © 2025 London Advice Centre.

Powered by PressBook WordPress theme

Personal independence payment - disputes & appeals

Personal independence payment (PIP) was introduced on the same day as universal credit back in 2013 and PIP is now the main disability benefit for working age claimants. 

The DWP’s record of PIP decision-making accuracy is possibly the worst of all social security benefits, with nearly 70% of appealed decisions reversed by tribunal judges in favour of claimants. On the downside, many claimants elect not to appeal poor refusal decisions. 

This training course looks at how to ensure that a PIP revision or appeal should work to the best advantage of claimants. A good PIP challenge means getting the PIP entitlement arguments right.  

A well-argued and well-structured revision or appeal should also mean fewer improper refusals. In this way, many claimants will not have to wait 6 months or so before having to go through a formal PIP hearing. To help achieve the best level of success at challenge, this course looks at the full use of available PIP regulations, case law and guidance. 

Universal credit - complex needs status

This  training course explains how the universal credit (UC) ‘Complex Needs’ rules work, who is covered, and what this should mean for UC claimants. It also covers how you can ensure the Department for Work and Pensions recognises ‘Complex Needs’ status.  

The course covers: 

  • The challenges that UC presents to claimants
  • Evidence of how claimant vulnerability can affect a UC claim or award
  • Implications of ‘Complex Needs’ for the UC claimant
  • What does ‘Complex Needs’ mean to the DWP?
  • Who is most likely to attain ‘Complex Needs’ status?
  • What this status should then mean for claimants
  • How can we help the DWP to accept Complex Needs status?
  • Requesting ‘Complex Needs’ status 
Personal independence payment - best practice in completing the questionnaire

This course summarises how the personal independence payment (PIP) claim process or ‘journey’ works and the importance of the PIP2 questionnaire.

It looks at what makes a good PIP claim, and also at the limitations of the PIP2 questionnaire. We look how it can be optimised using the regulations, guidance and case law.

The course covers:

  • A summary of the legal basis of PIP entitlement
  • How points flow from PIP ‘activities’ and ‘descriptors’
  • The role of the PIP2 questionnaire to generate information
  • How PIP2 matches up or fails to match up to PIP ‘descriptors’
  • How a defective questionnaire response can cause trouble
  • How to use PIP regulations 7 and 4(2A) to assist in making good claims
  • How PIP case law provides very useful guidance to advisers
  • How to improve on the standard PIP2 form
  • How to complete the questionnaire with an eye to tribunal judge scrutiny, if an appeal becomes necessary
Appeals to the upper tribunal

This course is essential for anyone who wants to challenge decisions of the First-tier Tribunal (Social Entitlement Chamber) effectively. The main aim of the course is to give you an understanding of what is an error of law, and practice in finding errors of law in the First-tier Tribunal statement of reasons.

The course covers:

  • Exploring other ways of changing First-tier Tribunal decisions
  • Finding errors of law in the statement of reasons
  • Format of an application of appeal to the Upper Tribunal
  • Procedures from First-tier to Upper Tribunal
  • Preparing submissions to the Upper Tribunal

This course is aimed at advisers with knowledge and experience of being able to find relevant law.

Adviser skills - Representing at the First-Tier Tribunal

About this course

This course gives a basic grounding in representing clients at the First-tier Tribunal. Through mock tribunals, participants gain experience in a safe environment where there is nothing to lose.

The course covers:

  • Making an appeal
  • Tribunal procedure
  • Case preparation – getting evidence and applying the law
  • The role of the chair
  • Rules of evidence
  • Basic advocacy and presentational skills

This course is aimed at advisers with a working knowledge of benefits and little or no experience of representing at tribunals.

We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.