Employment and Support Allowance
Employment and Support Allowance (ESA) is for people who cannot work because
of sickness or disability and for those who are not getting Statutory Sick Pay.
ESA is paid by the Department for Work and Pensions (DWP) and, in Northern Ireland,
by the Social Security Agency.
There are two types of ESA. Contributory ESA - which you can get if you have
paid enough national insurance contributions and Income-related ESA which is
paid if your income and capital are low enough. You may be able to get both
claims, depending on your circumstances.
Who can get Employment and Support Allowance:
To get ESA, you have to be an ordinarily resident in the UK, must be 16 or
over and under state pension age (60 for a woman and 65 for a man). You must
be unable to work because of sickness or disability and must not be entitled
to Statutory Sick Pay. ESA continues if you go into hospital.
Showing you have limited capability for work - the tests:
You have to prove you cannot work by sending in medical certificates to the
Department of Work and Pensions (DWP).
Limited capability for work assessment:
A medical examination will look at your ability to perform a range of particular
activities. If you have certain conditions, receive certain treatments or have
a severe disability, you will automatically be considered to have limited capability
for work.
Limited capability for work-related activity assessment:
This is usually carried out at the same time as the limited capability for
work assessment. You will probably be put in a group known as ‘support
group’. After the first 13 weeks of your claim, you will get an extra
amount in your ESA known as the support component.
Work-focused health-related assessment:
This looks at difficulties you are likely to experience in getting and staying
in work as a result of your mental or physical condition. It also looks at ways
of managing these difficulties or minimising them also taking into account your
views, condition and any aspirations you have.
Work-focused interviews:
This will usually take place about eight weeks after your initial claim. This
does not apply if: you're put in the support group following the limited capability
for work-related activity assessment, or you've reached the age of 60.
How to claim Employment and Support Allowance:
You can make your initial claim for ESA by telephoning or it is also possible
to make a claim in writing. Ask your local Jobcentre Plus office for details
of how to do this. You must provide your national insurance number when you
make a claim and proof that it belongs to you. How much ESA you can get depends
on whether you are entitled to contributory ESA or income-related ESA or both.
Who is entitled to be paid ESA:
ESA is usually paid to people who are too ill or disabled to work, but you
may be able to get this even if you are doing certain types of work. Examples
include working as a councillor, being a caretaker and doing work known as permitted
work.
ESA can be backdated for up to three months before the date of your claim, and
you do not have to give a reason for your late claim. ESA is usually paid direct
into a bank or building society account. It is also possible to pay the benefit
by cheque in some circumstances.
You will commit a benefit fraud, if you give incorrect or misleading information,
or fail to report a change of circumstances, that could affect your ESA.
If you are discriminated because of your race, sex, disability, sexuality or
religion when the Jobcentre or benefits office deals with your claim for ESA,
you can make a claim.
"Have you suffered an accident at work? Speak to a solicitor about compensation today!"
|
