ESA is for people unable to work because of illness or disability. It replaces Incapacity Benefit and Income Support paid on the grounds of incapacity for new claimants from 27/10/08. There are two types of ESA and these are described below. Under the new rules ESA is not simply paid because you are found to be incapable of working. The Government felt that the previous system divided people into two groups, those capable of work and those who could not. ESA looks at your ability to do things as well as your inability.

 

 

Contributory ESA

 

Contributory ESA is linked to your National Insurance contributions record. It replaces Incapacity Benefit. To be entitled to contributory ESA you must have paid National Insurance Contributions over a number of years (unless you have been in full time education or been incapable of work before the age of 20).

 

Income-related ESA

 

Income-related ESA is a means tested element and replaces Income Support paid on the grounds of your incapacity. It provides for your basic living expenses (and those of your partner). Like Income Support this can help with mortgage interest payments and certain other housing costs. Certain premiums can be added to this but not the disability premium.

 

The assessment phase.

 

When you claim ESA you enter a 13 week assessment phase. This applies to all new claimants with a few exceptions listed below. During the assessment you undergo a work capability assessment. This determines whether you are entitled to ESA as well as which group you will go into; Support or Work Related Activity. You will also have a work related interview after the 8th week of your claim.

The assessment phase does not apply if:-

*   You are terminally ill and claiming ESA for this reason;

*  Your claim is linked to an earlier ESA

award or

*  You are a lone parent previously on     Income Support with a disability premium and within the last 12 weeks have been moved off IS because of the age of your youngest child.

 

The Work Capability Assessment

 

The work capability assessment (WCA) is more complex than the personal capability assessment of Incapacity Benefit as it has 3 parts.

Limited capacity for work assessment – The first part of the WCA looks at whether you have a ‘limited capability for work’. If you do you are entitled to ESA.

Limited capability for work-related activity assessment – The second part of the WCA looks at whether you have a ‘limited capability for work- related activities’. It determines whether you are placed in the support group that will help you find work and this will determine the amount of ESA that you will receive and the responsibilities that you must meet to retain your benefit.

Work-focused assessment – The third part of the WCA applies only if you are in the work-related activity group. The assessment looks at the barriers to work and what support you could receive to help you move into work. If you fail to attend or participate in the assessment your benefit may be reduced.

 

The Support Group

 

If you have a limited capability for work-related activity under the WCA, you are placed in a support group. You do not have to undertake work related activities, although you can volunteer to do so. You receive a higher rate of ESA than if you are in the work related activity group.

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The Work-related Activity Group

 

If you do not have a limited capability you are placed in the work-related activity group. In this group you must meet work-related conditions, including attending 6 work-focused interviews. If you fail to meet the conditions your ESA payments may be reduced.

 

ESA rates

 

ESA is paid at different rates depending on your circumstances. You may be entitled to income-related ESA or contributory ESA, or a combination of the two. The level you receive is also determined by the stage that you are in. Assessment phase. During the 13 week assessment phase ESA is paid at the lower level of £57.90 for people aged under 25 years and £73.10 for people aged 25 and over.

Main phase. Once you have completed the 13 week assessment you receive an additional payment on top of the basic allowance. The level of payment will depend on whether you are in the support or work related activity group. Basic allowance £73.10 plus the Support component of £36.55 or the Work-activity component of £29.05.

 

Do you qualify?

 

You qualify for ESA you need to satisfy all the following basic conditions:-

·                Have a limited capacity for work

·                Not be in work

·                Be aged 16 or over

·                Be under pension age – this is age related and will depend on D.O.B.

·                Be in Great Britain

·                Not be entitled to Income Support

·                Not be entitled to Jobseeker’s Allowance (or a partner of a claimant)

·                Not be within a period of entitlement to Statutory Sick Pay (SSP)

 

You must also meet one of the following conditions:-

·                You satisfy the National Insurance Contributions conditions or

·                Your limited capability for work began before you were 20 (or 25 in some cases)

·                You satisfy the conditions for income-related ESA.

 

The rules regarding ESA are very complex and although we have tried to make this guide as clear as possible we understand that you may need more information on the benefit and its conditions. If you would like a more detailed guide to ESA please do not hesitate to contact us at the address below.

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To make a claim for ESA phone:-   0800 055 6688