Can you claim ESA?
You may be able to get Employment and Support Allowance (ESA) if you have difficulty working because you are disabled. This is called having 'limited capability for work'.
If you would like help completing the form then please call us for a free, confidential and impartial appointment with one of our friendly advisors on 07599 475067.
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 are employed but you can not work, you will usually get Statutory Sick Pay (SSP) from your employer for 28 weeks. You can not get SSP and ESA at the same time, but you can start your ESA claim up to 3 months before your SSP ends. It is worth claiming ESA early so your payments start as soon as possible.
You can get ESA if you are 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.
What type of ESA can you claim?
The type of ESA that most people can claim is called 'new style' ESA.
There are 2 old types of ESA, which some people are still getting - they are called "Income-based ESA" and "Contribution-based ESA".
If you are already getting contribution-based ESA, you may be able to add Income-based ESA to it. This could mean you may get more money.
You cannot make a new claim for Contribution-based ESA.
If you have been getting a Severe Disability Premium (SDP), you can apply for the New Style ESA.
If you should have been getting an SDP but it is not included in your benefits call the DWP and enquire or book a free, confidential appointment with one of our friendly advisors.
Can you claim new style ESA?
You usually need to have met National Insurance conditions for 2 tax years – in 2024 the tax years are 2021-22 and 2022-23.
You may have got National Insurance Credits to fill gaps in your payments. For example, if you were getting benefits because you were not working or were ill.
You will meet the National Insurance conditions if you have either:
Full years of 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 do not think you meet the National Insurance conditions or you can not check your National Insurance record, you should still apply for new style ESA. You may meet the National Insurance conditions in other situations. The DWP will check your National Insurance record as part of your application.
Even if you do not qualify for new style ESA, you may 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.
Can you add Income-Related ESA to your claim for contribution-based ESA?
If you are already getting Contribution-Based ESA, you may be able to add Income-Related ESA if you are 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' – 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 live with a partner, the DWP will add your income and savings together.
If you are 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).
To add Income-Related ESA you should not 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
Telephone: 0800 169 0310
Textphone: 0800 169 0314
Welsh language: 0800 328 1744
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. Find out how to use Relay UK on the Relay UK website.
Video relay - if you use British Sign Language (BSL).
You can find out how to use video relay on YouTube.
How to fill in the ESA capability for work form:
Send the form as soon as you can. There is space on the form to explain why you are sending it back late (if it is late). Your ESA might not stop if there is a good reason you could not send the form earlier - for example if you were in hospital or a close family member died.
If the DWP have already written to say they have stopped your ESA, you will also need to challenge their decision. You should do this within 1 month after the date at the top of the letter.
It is easier to decide what to write if you know how the DWP assesses the form. This will help you give the DWP all the information they need.
You can ask someone to help you fill in the form . Talk to one of our friendly advisors.
How the DWP assess the form:
The DWP use the form to help them decide if you:
Have LCW - so you keep getting ESA,
Need to go to meetings or classes to help you start work - called ‘work-related activity’.
The DWP use 2 sets of activities - one set to decide if you have LCW, and the other set to decide if you need to do work-related activity. Each activity is divided into specific tasks called "descriptors".
The DWP check how many of the tasks apply to you.
When the DWP check the tasks for LCW, they give points for each task that applies to you. This means your answers can help you get ESA even if you only score some of the points. If you get 15 points or more, the DWP will decide you have LCW.
If any of the tasks for work-related activity apply to you as well, the DWP will decide you also have ‘limited capability for work-related activity’ (LCWRA).
When you answer each question on the form, check which tasks the question covers and explain how they apply to you.
Sending Medical Evidence:
You can send medical evidence about your illness or disability along with your capability for work questionnaire (ESA50 form). Medical evidence can give the DWP a better idea of how your condition affects your ability to work. It’s easy to miss this on the form itself.
If you are including medical evidence, staple it to the form. Make sure you include your name and National Insurance number on every separate sheet of paper.
If your condition is diagnosed, you will probably have evidence already. You can also get more if you need to, for example a letter from your consultant explaining how your condition affects you (what you can or can’t do because of it).
If your condition is undiagnosed, you will need to find a way to show how it affects your ability to work.
If your condition is diagnosed:
You should send evidence if it supports what you are explaining on the form. You may already have it to hand - for example:
A print-out of the medication you are taking,
X-ray results,
Scans,
A hospital discharge sheet,
An occupational therapist’s care plan.
If you have problems with your Mental Health (such as Anxiety), you should think about any documents or letters you have from people like:
Your Community Psychiatric Nurse (CPN),
Your occupational therapist - for example a care plan,
Counsellors letter/report,
A cognitive therapist letter/report,
Social workers letter/report .
It may be worth getting new medical evidence, for example if:
You have a new illness or disability,
Your illness or disability has got worse recently and you do not have anything to prove that,
You have had surgery or treatment and you have side effects,
Your medication was changed recently,
you have recently been referred to a specialist or a consultant.
If your condition is undiagnosed:
The form says “don’t ask or pay for new information”, but it may be a good idea to get medical evidence if your illness or disability is undiagnosed.
For example, you may have unexplained symptoms like stomach problems, tiredness or dizziness - and a letter from your doctor may help to explain the situation and how it affects your ability to work.
Getting new medical evidence:
Some doctors may charge you for a letter or a new report. If you cannot afford to pay it is worth asking for copies of recent medical notes or letters from any specialists they have referred you to - they usually have to give you the copies for free. You could also provide a letter from your partner or carer.
Your medication and other treatment:
The Department for Work and Pensions (DWP) wants to know about your medication and any treatment you may be having as it will help them get a better picture of your situation.
Your medication:
You should list any tablets and any other medication you may be taking. Make sure you include:
Anything you have been prescribed,
Anything you buy yourself, such as painkillers.
You should also include:
The dosage (how much you take, for example 220mg) and how often you take it (such as 2 times a day).
Any side effects you have (for example if a particular pill makes you feel drowsy) - and what you do about them
any tablets or other medication you are not taking yet, but will be taking in the future.
Anything you have stopped taking because it did not work or made you feel worse (make sure you explain this on the form).
You can get a list of all your current prescriptions from your doctor or your pharmacist if you need it.
Treatment you are having:
The treatment you are having, for example dialysis - include hospital and clinic.
Treatment:
where you go for it, for example the name of the hospital,
How often you have to go,
If you are having treatment as an inpatient, how often you stay for.
You should also include:
Any regular check-ups you have, and why you have them - for example to review your medication and possibly change the dosage
any surgery may have had for the conditions causing you difficulty,
Any injections you may have needed,
Any therapy you are having, for example cognitive behavioural therapy (CBT),
how you have responded to treatment, the date of any future procedures or investigation - for example if you did not respond well to an operation etc.
If you would like help filling out the form, please call us to book a free, confidential and impartial appointment on 07599 475067.