What is Employment and Support Allowance?

Employment and Support Allowance (ESA) is a benefit paid if your ability to work is limited by ill health or disability. It replaced both Incapacity Benefit (IB) and Income Support (IS) paid on the grounds of incapacity.

What is new about ESA

ESA has some similarities to the benefits it has replaced, but has some features that differ.
Firstly, ESA is a single benefit. Therefore, it should make it easier to claim than the previous two separate benefits. Secondly, ESA is not paid simply because you are found to be incapable of work. ESA is paid when you are found to have a 'limited capability for work'. ESA claimants are then divided into two separate groups:

The group that you are placed in will determine the amount of ESA you receive and the responsibilities you will need in order to keep receiving the benefit.

Contributory ESA

Contributory ESA is linked to your National Insurance Contribution record. It replaces Incapacity Benefit, which was also a National Insurance benefit. To be entitled to Contributory ESA, you must have paid National Insurance contributions over a number of years, from before the age of 20 (or 25 if you have been in education or training), it may not be necessary for you to satisfy these contributory conditions. From April 2012, if you are in the work related activity group you will only be able to get Contributory ESA for one year. This time limit inlcudes any time you were getting Contribution based ESA before April 2012.

Income-related ESA

Income-related ESA is the means-tested element of ESA. It replaces Income Support paid on the grounds of incapacity. It provides for your basic living expenses (and those of your partner).

What are the rules for Employment and Support Allowance?

The following rules apply to all ESA claims:

• Be aged 16 years or over.
• Be under pensionable age.
• Undergo a 13 week assessment phase.
• And satisfy one of the following:
  • A contributory test or be under 20 (or 25 in some cases).
  • You pass the low income test.

How to apply for Employment and Support Allowance

You will need to have a medical certificate to make your claim. If you don't already have one, contact your GP. The next step is to call Job Centre Plus on 0800 055 6688 to start your claim. If you have speech or hearing difficulties you can contact the Job Centre Plus using the textphone number 0800 023 4888. If you are unable to use a telephone you can make a claim via a representative or by completing a printed form available from your local Jobcentre.

What happens after the initial application?

When someone applies for Employment and Support Allowance the will enter a 13 week assessment phase. This applies to all new ESA claimants with the exception of those who are terminally ill. The assessment period usually takes place over a 13 week period but can be longer. During this assessment period claimants undergo a work capability assessment and a work focused interview.

The Work Capability Assessment (more details)

The Employment and Support Allowance work capability assessment (WCA) will determine whether you are eligible for Employment and Support Allowance and the amount you will receive. The assessment will be carried out by a health care professional working on behalf of the Department for Work and Pensions. It is intended to :

• find out whether you have a 'limited capability for work'
• find out whether you have a 'limited capability for work-related activity'
• carry out a 'work-focused health-related assessment'

There are three parts to the Work Capability Assessment:

1. Limited Capability for Work Test
   The test for limited capability for work has some similarities to the incapacity benefit personal capability assessment. Points are scored on your ability to carry out a range of physical or mental health activities as appropriate. You score points according to your inability to carry out these tasks. If you score 15 points you are deemed to have limited capability for work and can remain on ESA. If you fail this part of the test you will be moved onto jobseeker's allowance instead.
2. Limited Capability for Work-Related Activity Test
   This is the test to establish whether a claimant's capability for work related activity is limited by their physical or mental condition and if so whether the limitation means that it is not reasonable to require them to undertake such an activity. The test has a list of 46 descriptors relating to both physical and mental functions. If at least one of them fits, you will be placed in the support group of claimants. This means that you will be entitled to the additional support component when you go into the main phase of ESA at week 14 and will not be obliged to participate in work related activity.
3. Work-Focused Health-Related Assessment.
   The Work-Focused Health-Related Assessment is carried out by an approved health care professional for the purpose of assessing: 
   1. The extent of the claimants capacity for work.
   2. The extent to which taking steps in relation to their physical or mental condition may improve capability for work.
   3. Any obstacles to work due to their physical or mental condition and any remedies.
   4. The claimant's views on the impact of their condition(s) in relation to work and their related aspirations.

As such, it may be viewed as an assessment of what a claimant may be able to do in terms of employment now or in the foreseeable future. The information collected at this assessment is put into a 'capability report' which is used in the work-focused interview.

Some people may not have to attend the full Work Capability Assessment, this will include individuals with a terminal illness and those that can be identified as having limited capability for work or limited capability for work related activity without the need for them to take part in the full assessment. Clients who are terminally will be fast-tracked into the support group of Employment and Support Allowance so that they can receive all entitlements as quickly as possible. They will not be required to participate in a work focused health related assessment or any other work related activity.

What is the Work Focused Interview?

You will be expected to attend an initial work focused interview unless you are terminally ill. This will normally take place during or after the 8th week of your ESA claim. This interview will take place with your personal adviser at your local Job Centre Plus office. You will discuss with your personal adviser what type of work may be suitable for you, they may refer you for training or condition management support, to help you manage and cope with your illness or disability in a work context. If you are able to undertake some form of work-related activity, you will enter the Work-Related Activity Group. You will then be expected to attend up to five further work focused interviews with your personal adviser to help you prepare for work. These will be at approximately monthly intervals arranged between you and your personal adviser.

Please Note:

Between now and 2014 if you are on Incapacity Benefit you will be reassessed under the Work Capability Assessment instead of the Personal Capability Assessment. If you are found to have a limited capability for work in this assessment you will be moved onto ESA.

For further information and current rates of Employment and Support Allowance please visit:
Website: www.dwp.gov.uk
Website: www.disabilityalliance.org
Website: www.direct.gov.uk

DIAL Disclaimer
Whilst all the information given in this document was correct at the time of going to press, DIAL Doncaster cannot be held responsible for any subsequent changes.