Check if you can claim ESA

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 – check your State Pension age on GOV.UK

• live in England, Wales or Scotland

You can only do a limited amount of work while you get ESA – check what work you can do while getting 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 2 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, talk to an adviser.

Check if you can claim new style ESA

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 GOV.UK. 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'll 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 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.

You can also get help from an adviser.

If you paid national insurance contributions in the EU, Norway, Switzerland, Iceland or Liechtenstein

You might qualify for new style ESA, even if you haven’t made enough contributions in the UK. The rules are complicated - talk to an adviser before you apply.

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

Apply for new style ESA

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

Find out how to claim new style ESA.

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' – 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’re 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 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

If you’re struggling with living costs

You can check what benefits and extra help you can get.