Mental Health in Leicester, Leicestershire and Rutland

Employment & Support Allowance

Employment & Support Allowance (ESA) is a benefit introduced in 27th October 2008 to replace new claims for Incapacity Benefit, Income Support paid because of an incapacity for work, Severe Disablement Allowance and National Insurance Credits paid because of an incapacity for work.

ESA is made up of two kinds of benefit:

  1. Contribution-Based ESA – ESA(C): This is a non mean-tested benefit paid on the basis of having paid enough National Insurance contributions or because the claimant became ill or disabled under the age of 20 (aged under 25 in some cases)
  2. Income-Related ESA – ESA(IR): This is a means-tested benefit paid to those who have not paid enough National Insurance contributions or as a top up in addition to ESA(C).

When you make a claim for ESA you will initially be part of the Assessment Phase. This is a 13 week period where the Department of Works and Pensions (DWP)assess whether you are too ill or disabled to work. During this assessment phase you will undergo several tests to determine your Limited Capability for Work (the phrase for being too ill to work), and your Limited Capability for Work-Related Activity (this determines whether you will be expected to take part in activities that will help you find employment or not). In the Assessment Phase you are paid a basic rate of benefit determined by your age and you must send in sick notes to continue to receive ESA.

After the Assessment Phase if you are found to have a Limited Capability for Work you will be put into one of two groups and have an extra amount added to your benefit:

  1. Support Group – This is the most ill and disabled group. Those in this group will not be expected to take part in Work-Related Activity (although they can opt to take part if they wish). The Support Component will also be added to your basic allowance those in the Support Group will also have an Enhanced Disability Component added to their applicable amount if they are entitled to Income-Relate ESA.
  2. Work-Related Activity Group – This group consists of those the DWP consider able to return to or start work at some point in the future and to receive all of their benefit they must take part in Work-Related Activity. The Work-Related Activity Component will be added to your basic allowance if you participate in the agreed Work-Related Activity. If you do not take part as agreed then some of your benefit will be sanctioned.

Welfare Rights (Mental Health) have produced a leaflet with Assertive Inreach Teams - Employment & Support Allowance - A Basic Guide.