EMPLOYMENT and SUPPORT ALLOWANCE

Transcription

1 EMPLOYMENT and SUPPORT ALLOWANCE July 2013 Please note this is an overview of the rules on ESA and may change. Further information on this benefit can be obtained from an advice agency. See the information sources at the end. INTRODUCTION Employment and Support Allowance is a benefit paid to people who are considered not to be able to work because of sickness or disability. The government calls this having limited capability for work. It was first awarded in October 2008 and is gradually replacing other benefits paid to people who are unable to work, such as Incapacity Benefit, Income Support and Severe Disablement Allowance. The government plans to complete the reassessment of all claimants using the Employment and Support Allowance tests by March

2 How do I qualify for ESA? There are two types of ESA: Contributory ESA based on you having paid enough National Insurance contributions Means tested ESA based on you having little or no income or savings You cannot get means tested ESA if you have a partner who works more than 24 hours per week You may get one or both types of ESA. You must be aged between 16 and 64 You must have limited capability for work How much savings will affect my ESA? If you have savings over 16,000 you will not be able to claim means tested ESA. If you have savings between 6,000 and 15,999 your means tested ESA will reduce. Your savings will not affect your ESA if you are receiving ESA based on National Insurance Contributions. How do I show that I have limited capability for work? If you are making a new claim for ESA you will need to send in a doctor s note saying that you are not fit for work. During the first 13 weeks of your ESA claim most people will be sent a questionnaire to fill in called an ESA50. Most of these people will also be expected to attend a face to face assessment. 2

3 How do I claim ESA? You make a claim for ESA by telephoning the Jobcentre on This is a free number from landlines and most mobile phones You can also download an application form from What happens if I am currently getting another sickness benefit? If you are currently getting Incapacity Benefit, Income Support due to incapacity for work, or Severe Disablement Allowance the Department of Work and Pensions will contact you when they want you to claim ESA instead. Stages of Transfer: You will be sent a form to fill in called an ESA50 and may be asked to attend a face to face assessment. If you are due to reach pension age before spring 2014 you will not be assessed. Some people will be transferred without having a face to face assessment, based on the information already on file from their previous benefit claim Most people will have a face to face assessment If you were getting more Incapacity Benefit than you will get as ESA you will keep the extra amount until ESA goes up. 3

4 How much ESA will I get? The amount of ESA you get will depend on whether you are getting ESA based on National Insurance Contributions or means tested ESA. During the first 13 weeks of your claim you will be paid a basic rate of ESA which will be a maximum of per week if you are a single person. After you have a face to face assessment, if it is confirmed that you have limited capability for work, your ESA will increase. The amount will depend on whether you are put in the Support Group or the Work Related Activity Group. Most people will be allocated to one of these groups after they have had a face to face assessment. Some people will be put in one of these groups without having a face to face assessment. People in the Support Group will get an extra per week and people in the Work Related Activity Group will get an extra per week. You may also qualify for help with mortgage interest payments if you own your own house with a mortgage. Will I have a face to face assessment? Most people who claim ESA will be expected to go to a face to face assessment with a health care professional who works for ATOS healthcare. The health care professional will make a report to the Department of Work and Pensions who will decide whether you qualify as someone who is unable to work. They call it having limited capability for work. 4

5 They will also decide whether to put you in the Work Related Activity Group or the Support Group. If you are in the Work Related Activity Group you will be expected to do work preparation activities, but you will not be expected to look for work. You may have to attend work focussed interviews at the Jobcentre, or attend preparation for employment training. How long will I receive ESA? If you are getting ESA based on National Insurance Contributions and are in the Work Related Activity Group you will only get ESA for a year unless you also qualify for means tested ESA. If you are in the Support Group, or are getting means tested ESA your ESA will continue as long as you can demonstrate that you have limited capability for work. This may mean filling in another ESA50 when asked to do so, and attending a further face to face assessment. What if I am not happy with my award? If you don t agree with the decision of the Department of Work and Pensions you can appeal against that decision. The decisions you can appeal against include: That you are fit for work That you are in the Work Related Activity Group You can appeal against the decision using a form called a GL24 which you can get from the Department for Work and Pensions. There is more information on their website 5

6 More information You can get more information on ESA from the following websites: The CAB public advice site. You can also search here for your nearest CAB A benefits advice website specialising in sickness and disability benefits. This is a membership website but some information and a newsletter are available to non members Information on benefits and an online benefits calculator The government website giving information about ESA 6