Employment and Support Allowance

Transcription

1 Factsheet Benefits Employment and Support Allowance If your ability to work is limited because of deafness or hearing loss, you may be able to claim Employment and Support Allowance. This factsheet explains what the benefit is, and how you can claim. Contents What is Employment and Support Allowance (ESA)? 2 What is contribution-based ESA? 2 What is income-related ESA? 3 How do I apply for ESA? 4 What is the assessment phase? 4 What is the Work Capability Assessment? 4 How much is ESA? 8 What if I m already getting Incapacity Benefit or Income Support? 10 What about better-off considerations? 10 What work can I do? 10 Does claiming ESA entitle me to other benefits? 11 How do I challenge a decision on my claim? 11 Appendices 12 Where can I get further information? 18 If you d like this factsheet in Braille, large print or audio format, please contact our Information Line see last page for contact details.

2 Do you live in Northern Ireland? Most of the information in this factsheet will apply to you wherever you live in the UK. However, if you live in Northern Ireland, the rules and assessment process for Employment and Support Allowance may be slightly different. To find out more, call the Benefit Enquiry Line for Northern Ireland (see page 18 for contact details) or visit What is Employment and Support Allowance (ESA)? ESA is a benefit paid to people of working age whose ability to work is limited by ill health or disability. It offers financial support to cover daily living costs if you are unable to work, and personalised help to support you to work if you are able to. There are two types of ESA: contribution-based and income-related, which have different rates of payment (see page 8). You can either claim one or both types, depending on your situation. Do I qualify for ESA? To claim either type of ESA, you must: have a limited capability for work or workrelated activity this will be tested by the Work Capability Assessment (see page 4) be aged 16 or over be under State Pension age be in Great Britain or Northern Ireland not be claiming Income Support, Jobseeker s Allowance, Statutory Sick Pay or Statutory Maternity Pay satisfy the extra qualifying conditions for contribution-based ESA or income-related ESA. If you qualify for either type of ESA, you will either be placed in: the support group, which means you are unable to work or take part in any work-related activity, or the work-related activity group, which means you are capable of working at some point in the future and will need to take steps to move into work to keep your benefit, such as training or conditionmanagement programmes. See page 7 for more information about these groups. What is contribution-based ESA? You may be able to get contribution-based ESA if you have paid or been credited with enough National Insurance (NI) contributions in specific tax years. You can only claim for yourself not for your partner, too. Contribution-based ESA is not means-tested, which means it s not affected by the savings or other income of you or your partner. However, if you have an occupational or personal pension of more than 85 per week, your payment may be reduced (see Contribution-based ESA, page 8). There are also some other payments, such as State Pension, Carer s Allowance and Statutory Maternity Pay, that you can t receive as well as contribution-based ESA (if you re entitled to both, you may get whichever is the highest). Contribution-based ESA is taxable, and it may be limited to a maximum of 365 days if you are placed in the work-related activity group (see page 7). If you re not sure whether you have made enough NI contributions for contribution-based ESA, call the Jobcentre Plus Contact Centre for advice (see page 18 for contact details). 2 Employment and Support Allowance

3 What is income-related ESA? You can apply for income-related ESA if you don t think you have made enough NI contributions to get contribution-based ESA. You can also apply for it alongside contributionbased ESA if you think you are entitled to contribution-based ESA but don t think it s enough for you to live on (see page 8 for the rates of payment). You can claim income-related ESA for: you and your partner (if you have one) some housing costs special needs for example, if you or a member of your family have a disability. Income-related ESA is means-tested any income and savings that you and your partner (if you have one) have will be looked at to determine whether you qualify for it. You can continue to receive income-related ESA for as long as you meet the qualifying conditions (see below). Income-related ESA qualifying criteria You must have no income, or your income must be below your applicable amount (see page 8). Your savings must be no more than 16,000. You must not be entitled to Pension Credit. If you are a member of a couple, your partner must not be entitled to income-related ESA, Pension Credit, Income Support or incomebased Jobseeker s Allowance. You must not be in work that you are paid for. If you are one of a couple, your partner must not be working for 24 hours or more a week. You must not be in full-time education. You must be habitually resident in the UK and not be subject to immigration control. If you re not sure whether you are entitled to income-related ESA, do apply for it anyway. The Department for Work and Pensions (DWP) will then decide whether you can receive it or not. Important changes Universal Credit replacing income-related ESA As a result of the Welfare Reform Act 2012, income-related ESA, along with five other benefits for people of working age, will be gradually replaced with one benefit called Universal Credit over the next few years. The other benefits are: income-based Jobseeker s Allowance Income Support Working Tax Credit Child Tax Credit Housing Benefit. Universal Credit started to be introduced in certain areas from April 2013, and will be available across the country in Until Universal Credit is available in your area, you can make a new claim for incomerelated ESA, and any of the benefits above. In 2016, new claims for those benefits will stop, and the vast majority of claimaints will move onto Universal Credit during 2016 and As long as your circumstances remain the same, you shouldn t lose out financially when you move to Universal Credit. Find out more about Universal Credit at The benefit cap ESA is included in the list of benefits to which the benefit cap applies. This cap, which was rolled out in 2013, limits the total amount of weekly benefits that you can claim. However, the cap will not apply if you are placed in the support group (see page 7). Find out more about the benefit cap at 3 Employment and Support Allowance

4 How do I apply for ESA? The easiest way to apply for ESA is by contacting the Jobcentre Plus Contact Centre by telephone or textphone (see page 18 for contact details). An adviser will go through the application form, called Employment and Support Allowance ESA1, with you and fill it in. Alternatively, you can ask the contact centre to post you the claim form or you can download it from the gov.uk website (see page 18 for the link). Please note that claim form ESA1 doesn t apply in Northern Ireland (contact Northern Ireland s Benefit Enquiry Line for more information see page 18 for details). You ll also need to supply a medical certificate (a fit note ) from your doctor to the Jobcentre Plus office dealing with your claim, to show that you are not fit for work. Once you have submitted your claim, you will enter the assessment phase, while the Jobcentre Plus decision-maker determines whether you are eligible for the benefit. What is the assessment phase? This phase usually lasts for 13 weeks but can take longer. During this time, you ll most likely need to undergo a Work Capability Assessment (WCA see right) and an initial work-focused interview (see box, page 7). You ll receive an assessment rate of payment during the assessment phase (see page 8 for rates). After 13 weeks, if you pass the WCA, you ll move into the main phase of ESA. You ll either be put into the support group or work-related activity group (see page 7) and will be paid a higher rate of benefit. If, through the WCA, the DWP decides that you are capable of work, you won t be able to remain on ESA. The assessment phase applies to all new ESA claimants, except those who are terminally ill. What is the Work Capability Assessment? The Work Capability Assessment (WCA) is the process that Jobcentre Plus uses to find out whether you are entitled to ESA. It currently has two parts: a limited capability for work assessment (see below) a limited capability for work-related activity assessment (see page 6). Limited capability for work assessment Jobcentre Plus will send you a Limited Capability for Work questionnaire (form ESA50) to fill in, which will be assessed by a healthcare professional working on behalf of the DWP. They may ask your doctor to provide a medical report, and it s likely that you ll need to have a faceto-face assessment (see What happens next?, page 6). The questionnaire tests your ability to carry out 17 everyday activities, divided into 10 physical functions and 7 mental, cognitive and intellectual activities. The healthcare professional will award you points, ranging from 0 to 15, for your ability to carry out each activity. The less able you are to carry out an activity, the more points you will score. You need to score at least 15 points across the whole questionnaire to qualify for ESA. How are points awarded? A healthcare professional will look at a list of descriptors for each activity. The descriptors describe different levels of ability to carry out each task and each one is worth from 0 to 15 points. The healthcare professional will choose the descriptor that best fits your situation. If more than one descriptor applies in an activity, you ll be awarded whichever descriptor gives you the most points. See Appendix 1 (page 12) for a list of the descriptors. 4 Employment and Support Allowance

5 Which part of the questionnaire is most relevant to people who are deaf? Questions 6 and 7, which focus on your ability to understand communication and make yourself understood, are the most relevant questions for people who are deaf. They are described below, together with the descriptors that the healthcare professional will look at when giving you points. 6. Communicating with people You are first asked to tick a box if you can communicate with other people without any difficulty. You are then asked: Can you communicate a simple message to other people such as the presence of something dangerous? This can be by speaking, writing, typing or any other means, but without the help of another person. You are asked to tick a box for either no, yes or it varies, and to use the space to describe how you communicate and why you might not be able to communicate with other people. If your first language is British Sign Language (BSL), describe your ability to understand written English. Do you have any speech difficulties, or any other communication difficulties? Only those who can t communicate through any of the means listed, or have significant difficulty doing so, will score maximum points. So, for example, you won t score points if BSL is your first language and you have speech difficulties if you can write or type simple messages. The descriptors that the healthcare professional will look at when awarding you points for this activity are: 6(a) Cannot convey a simple message, such as the presence of a hazard. Score 15 6(b) Has significant difficulty conveying a simple message to strangers. Score 15 6(c) Has some difficulty conveying a simple message to strangers. Score 6 6(d) None of the above apply. Score 0 People with no speech and a severe visual restriction may score points under this activity; however, their abilities to adapt by use of a keyboard may be taken into account. As well as physical limitations to communication, cognitive abilities must also be taken into account. Tinnitus If you have tinnitus (noises in the ear(s) or head) as well as hearing loss, you should consider if the condition affects your mental, cognitive or intellectual functions. For example, it may affect your: concentration ability to carry out tasks ability to cope with social situations. This, in turn, may have a negative effect on your ability to understand communication or make yourself understood. If the tinnitus sound is loud, this may also affect your abilility to hear. If you do have tinnitus, use the space provided next to each question to describe how it affects your ability to communicate. Ménière s disease If you have Ménière s disease, you may experience attacks of vertigo (dizziness) with tinnitus, nausea and hearing loss. You may find it hard to walk or stand during such attacks. You should describe how often the attacks happen, how long they last and what happens during them. You should also check if any of the other activities apply to you. As well as scoring points for problems understanding communication and making yourself understood, you may also score points if you have limited abililty to do other activities such as walking, standing or sitting. To find out more about these conditions, see our factsheets Tinnitus causes and therapies and Ménière s disease. 5 Employment and Support Allowance

6 7. Other people communicating with you You are first asked to tick a box if you can understand other people without any difficulty. You are then asked: Can you understand simple messages from other people by hearing or lipreading without the help of another person? A simple message means things like the location of a fire escape. Followed by: Can you understand simple messages from other people by reading large-size print or using Braille? Again, for each question you are asked to tick a box for either no, yes or it varies. You will be assessed on your ability to understand a simple message without the help of anyone else. It doesn t relate to being able to follow a complex conversation the level of communication is basic. If you wear hearing aids, explain any problems you have understanding speech when there is background noise. If you need to ask people to repeat themselves over and over again before you can understand them, explain this is the case it could mean that you are effectively unable to hear speech. If you ve been advised to use hearing aids but have stopped using them, explain why. For example, your hearing aids may have distorted sound or been uncomfortable. If you need communication support from friends, family members or communication professionals, explain the help that you need. For example: Can you only lipread a trained lipreader? Do you need someone to attract your attention before speaking to you for example, by tapping you on the shoulder? Do you need someone to place themselves in a certain position before speaking to you for example, close by and in clear light so you can see their lips move? If you can t lipread, do you need a BSL interpreter or other communication support? The descriptors that the healthcare professional will look at for this activity are: 7(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape. Score 15 7(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment. Score 15 7(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment. Score 6 7(d) None of the above apply. Score 0 What happens next? After completing the questionnaire, most people claiming ESA are required to attend a face-toface medical assessment it doesn t mean that the information you ve provided is seen as being suspicious or that your claim will be turned down. The healthcare professional assessing you will ask you further questions in relation to the 17 everyday activities, to identify which descriptors apply to you. If you don t score 15 points across the 17 everyday activities, you will fail the limited capability for work assessment. This means you won t be able to remain on ESA you ll need to consider challenging the decision (see page 11) or claiming Jobseeker s Allowance instead. If you do score at least 15 points, this means you have limited capability for work. You ll then need to undergo the limited capability for work-related activity assessment. Limited capability for work-related activity assessment Your capability for work-related activity is assessed to decide whether you go into the work-related activity group of claimants or the support group. This assessment is also based on your ability to undertake a range of activities 6 Employment and Support Allowance

7 with different descriptors. If a descriptor applies to you for the majority of the time, it counts. See Appendix 2, page 16, for a list of the descriptors that the healthcare professional will look at when assessing whether you have a limited capability for work-related activity. Again, activities 6 and 7 are the most relevant for people who are deaf. You ll be placed in the: support group if at least one descriptor fits you work-related activity group if none of the descriptors fit you. Support group If you are placed in the support group, it means that the effect of your illness or disability is so severe that it would be unreasonable to expect you to take part in work-related activity. You won t be expected to work if you re in the support group, but you can talk to a personal adviser and work on a voluntary basis if you wish. You ll receive a support component in addition to your basic rate of ESA (see page 8 for rates). Work-related activity group If you are placed in the work-related activity group, it s because you are considered to be capable of work at some time in the future and are capable of beginning work-related activities immediately. You ll need to take part in activities designed to help you get back into work while you are claiming ESA. Work-related activities are steps you can take towards moving into work, such as training or condition management programmes. You ll need to attend a series of work-focused interviews, which will normally take place each month, and your personal adviser will draw up an action plan, which will outline the activities that you could do to help you move into work. You can t be required, as part of a work-related activity, to apply for a job, undertake paid work or voluntary work or undergo medical treatment. You ll receive a work-related activity component in addition to your basic rate of ESA (see page 7). As well as those in the support group, there are some other groups that are not required to take part in work-related activity, such as lone parents with a child under five years old and those getting Carer s Allowance or a carer s premium. However, lone parents with a child aged under five and those getting Carer s Allowance will still have to attend an initial work-focused interview (see below). If you are a lone parent with a child aged under 13, you may only be required to undertake workrelated activity during the child s normal school hours. Those who have reached the qualifying age for pension credit and those under 18 (who will have a learning-focused interview with Connexions) are also not required to have work-focused interviews. Initial work-focused interview Unless you are terminally ill, you are expected to attend an initial work-focused interview with a Jobcentre Plus personal adviser around the eighth week of your ESA claim. However, if you re likely to be starting a job or returning to work, this might not be necessary. You can also have your interview deferred if, due to your condition, it would be inappropriate at that particular time. During the interview, the personal adviser will discuss your work prospects, the steps you are willing to take to move into work and the support available to you. If you require communication support, please make sure you let your personal adviser or Jobcentre Plus know in advance. 7 Employment and Support Allowance

8 How much is ESA? Assessment phase During the assessment phase (usually the first 13 weeks of your claim), you ll receive: a week if you re aged under a week if you re aged 25 or over a week if you have a partner (income-related ESA only). If the assessment takes longer than 13 weeks, your benefit if your claim is successful will be backdated to the fourteenth week of the claim. Main phase: from week 14 Contribution-based ESA If you qualify for contribution-based ESA, you ll receive a personal allowance of 72.40, regardless of your age. You ll also receive either the work-related activity component or the support component (see box, right). In total, you can receive: up to a week in the work-related activity group, or up to a week in the support group. Your contribution-based ESA may be reduced if you have an occupational or personal pension of more than 85 a week. For every 1 of pension over 85, you ll lose 50p of benefit (for example, if your pension is 105 per week, your ESA will be reduced by 10). Example of contribution-based ESA Sarah, 30, has just been made redundant. She qualifies for contribution-based ESA. When she first claims ESA, she ll receive After the assessment phase, she is placed in the work-related group and will receive contribution-based ESA of per week ( ). Additional components In addition to your weekly personal allowance, you ll get: per week if you re in the work-related activity group per week if you re in the support group. Income-related ESA If you qualify for income-related ESA, the amount you ll receive is worked out by deducting any income or savings you (and your partner, if you have one) have from your applicable amount. Your applicable amount is the total amount of money the law says you need to live on in relation to your needs (and your partner s needs, if you have one). It consists of: a prescribed amount for either just you or you and your partner an additional component (depending on whether you are in the support group or the work-related activity group see box, above) premiums flat-rate extra amounts if you satisfy certain conditions (see page 9) certain housing costs. Example of income-related ESA Claire, 27, receives DLA middle-rate care component. She lives by herself and no one claims Carer s Allowance for looking after her. When she first claims ESA, she will be entitled to 72.40, plus the Severe Disability Premium of 61.10, which makes After 13 weeks, she is placed in the work-related group and is entitled to an extra to make a total of Employment and Support Allowance

9 More examples of income-related ESA Simon is 40 and his partner is 35. When he first claims ESA, he will receive the couple rate of After 13 weeks, he is placed in the support group. He will then also receive the support component of 35.75, plus the Enhanced Disability Premium (couple rate) of 22.35, making a total of Sumit, 35, receives DLA lower-rate care component. When he first claims ESA, he will be entitled to After 13 weeks he is placed in the work-related activity group and will receive ESA of per week ( ). Could I be entitled to contribution-based ESA as well as income-related ESA? If you have no other income that should be taken into account, the amount of ESA you get will be whichever is higher: contribution-based ESA or the applicable amount. If you do have income that should be taken into account, the amount of ESA you get will be whichever is higher: contribution-based ESA or the amount by which your applicable amount exceeds your income. In each case, if ESA is payable at a rate greater than the contribution-based ESA rate, your ESA payment will have two parts: contribution-based ESA, and a top-up of income-related ESA. If your contribution-based ESA ends once the 365-day payment period is over, your income-related ESA should be adjusted to take this into account. The income-related ESA can then continue for as long as you satisfy the qualifying conditions. What are the premiums? These extra amounts are available in incomerelated ESA only. Enhanced Disability Premium This is paid if you are placed in the support group, or if either you or your partner receive higher-rate Disability Living Allowance (DLA) care component or the enhanced rate of Personal Independence Payment (PIP) daily living component. If you re claiming as a single person, you ll receive If you re claiming as one member of a couple, you ll receive Please note: PIP is a new benefit that has replaced DLA. If you currently claim DLA, you will be asked to apply for PIP at some point between October 2015 and October To find out more about PIP, see our factsheet Personal Independence Payment. Severe Disability Premium This is paid if: you are receiving DLA middle- or higher-rate care component, or either rate of the PIP daily living component, and no one is being paid Carer s Allowance for looking after you, and you live alone or, if you have a partner, you both receive DLA middle- or higher-rate care component or the enhanced rate of the PIP daily living component (and no one receives Carer s Allowance for looking after either of you). Each person who qualifies receives Carer Premium This is paid if you or your partner are entitled to Carer s Allowance. Each person who qualifies receives Employment and Support Allowance

10 Sanctions If you are placed in the work-related activity group, you must attend the initial workfocused interview and follow-up interviews, and carry out the work-related activity you agree with your personal adviser. If you don t, you will break the conditions for receiving the benefit and will receive an open-ended sanction. Being sanctioned means you will lose all of your personal allowance, but your workrelated component will not be affected. When you re-comply (attend your interview or work-related activity), you will then receive a fixed period sanction. This is one week for a first failure to comply, two weeks for a second failure and four weeks for a third and subsequent failures in a 52-week period. What if I m already getting Incapacity Benefit or Income Support? If you were already receiving Incapacity Benefit (IB) or Income Support (IS) paid on the grounds of incapacity when ESA was introduced on 27 October 2008, you ll continue to receive those benefits. At some point, you will be reassessed under the Work Capability Assessment instead of the Personal Capability Assessment. If you are found to have limited capability for work in this assessment, you ll be moved onto ESA. Although the majority of IB and IS claimants should not be financially worse-off under ESA, some groups of claimants may be. If you are in this position, once you have been moved onto ESA, you should receive transitional addition. This will bring your ESA up to the same level as your existing rate of IB or IS. However, this will be frozen at the point of migration until the ESA rate catches up. What about better-off considerations? If you receive DLA or PIP, there are some circumstances where you may be financially better-off claiming IS or income-based Jobseeker s Allowance (JSA) rather than ESA. This is because income-based JSA and IS include an extra amount, called a Disability Premium, which isn t available with ESA. Please note you d have to fulfil the IS or JSA conditions, and both of these benefits, along with income-related ESA, will be replaced with Universal Credit as soon as it s available in your area (see box, page 3). You can seek advice about whether you d be better-off from the organisations listed on page 18 onwards. What work can I do? Generally, you can t work while you are receiving ESA. However, there are some types of work you can do and still get ESA. Voluntary work This is unpaid work, usually done for a charitable organisation. Voluntary work may not affect your benefit, but it s important that you check with Jobcentre Plus before making this commitment. Permitted work There are three types of permitted work. You can do one of the following at any one time: Work and earn up to 20 a week. This is called the permitted work lower limit. You can carry on doing this work for as long as you like. Work for up to 16 hours a week and earn up to 101 a week. This is called the permitted work higher limit. You are only allowed to do this work for up to 52 weeks (one year) if you are in the work-related activity group. 10 Employment and Support Allowance

11 Carry out supported permitted work, which is either: a) Work where you are supervised by someone who is employed by a public or local authority, a community interest organisation or voluntary organisation that provides or finds work for people with disabilities, or b) work that is part of a treatment programme under medical supervision while you are an in-patient or regularly attending as an out-patient of a hospital or similar institution. This can be done for an unlimited period. You can earn up to a week. Permitted work doesn t affect the amount of ESA you receive. Permitted work earnings are fully disregarded in Housing Benefit and Council Tax Benefit claims. There are also other types of work you can do, such as being a panel member of an Appeal Tribunal or a local authority councillor. There are also approved work schemes, such as a work trial arranged by Jobcentre Plus. Does claiming ESA entitle me to other benefits? If you receive income-related ESA, you may be automatically entitled to other benefits, including the maximum amount of Housing Benefit that you are entitled to and Council Tax reduction, help with health costs and free school meals, plus others. If you receive contribution-based ESA, you won t get any other benefits automatically. How do I challenge a decision on my claim? If you want to challenge a decision on your claim, you must ask the DWP for a mandatory reconsideration before you can directly lodge an appeal with HM Courts and Tribunal Service (HMCTS). There is a one-month deadline to request a mandatory reconsideration of a decision that you do not have a limited capability for work/ limited capability for work-related activity. If you ask for a written explanation of the decision, the deadline will be extended by a further two weeks. Even if you miss the one-month time limit, you may be able to make a late mandatory reconsideration request if you have good cause. Should you still disagree with the reconsidered decision, you have one month to lodge an appeal with HMCTS, although an appeal can be made up to 52 weeks (one year) late in exceptional circumstances. Support or representation Contact a local advice centre, such as a Citizens Advice Bureau or Disability Information and Advice Line (DIAL see page 18 for contact details) to see if they can give you any support with an appeal. The charity Turn2us can also help. Use the online Find an adviser tool to search for local support to help you challenge or appeal benefits decisions (see page 18 for contact details). To check which benefits you may be entitled to, contact the Jobcentre Plus Contact Centre or Citizens Advice (see page 18 for contact details). 11 Employment and Support Allowance

12 Appendix 1: Assessment of whether a claimant has limited capability for work Part 1: Physical disabilities Activity 1: Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be, worn or used. 1(a) Cannot either: (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. Score 15 1(b) Cannot mount or descend two steps unaided by another person even with the support of a handrail. Score 9 1(c) Cannot either: (i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion. Score 9 1(d) Cannot either: (i) mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion. Score 6 Activity 2: Standing and sitting. 2(a) Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. Score 15 2(b) Cannot, for the majority of the time, remain at a work station, either: (i) standing unassisted by another person (even if free to move around); or (ii) sitting (even in an adjustable chair); or (iii) a combination of (i) and (ii) for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion. Score 9 2(c) Cannot, for the majority of the time, remain at a work station, either: (i) standing unassisted by another person (even if free to move around); or (ii) sitting (even in an adjustable chair); or (iii) a combination of (i) and (ii) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. Score 6 2(d) None of the above apply. Score 0 Activity 3: Reaching. 3(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket. Score 15 3(b) Cannot raise either arm to top of head as if to put on a hat. Score 9 3(c) Cannot raise either arm above head height as if to reach for something. Score 6 3(d) None of the above apply. Score 0 1(e) None of the above apply. Score 0 12 Employment and Support Allowance

13 Activity 4: Picking up and moving or transferring by the use of the upper body and arms. 4(a) Cannot pick up and move a 0.5-litre carton full of liquid. Score 15 4(b) Cannot pick up and move a one-litre carton full of liquid. Score 9 4(c) Cannot transfer a light but bulky object such as an empty cardboard box. Score 6 4(d) None of the above apply. Score 0 Activity 5. Manual dexterity. 5(a) Cannot either: (i) press a button, such as a telephone keypad; or (ii) turn the pages of a book with either hand. Score 15 5(b) Cannot pick up a 1 coin or equivalent with either hand. Score 15 5(c) Cannot use a pen or pencil to make a meaningful mark. Score 9 5(d) Cannot single-handedly use a suitable keyboard or mouse. Score 9 5(e) None of the above apply. Score 0 Activity 6: Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person. 6(a) Cannot convey a simple message, such as the presence of a hazard. Score 15 6(b) Has significant difficulty conveying a simple message to strangers. Score 15 Activity 7: Understanding communication by (i) verbal means (such as hearing or lipreading) alone, (ii) non-verbal means (such as reading 16-point print or Braille) alone or (iii) a combination of (i) and (ii), using any aid that is normally, or could reasonably be, used, unaided by another person. 7(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape. Score 15 7(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment. Score 15 7(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment. Score 6 7(d) None of the above apply. Score 0 Activity 8: Navigation and maintaining safety, using a guide dog or other aid if either or both are normally, or could reasonably be, used. 8(a) Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment. Score 15 8(b) Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment. Score 15 8(c) Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment. Score 9 8(d) None of the above apply. Score 0 6(c) Has some difficulty conveying a simple message to strangers. Score 6 6(d) None of the above apply. Score 0 13 Employment and Support Allowance

14 Activity 9: Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used. 9(a) At least once a month, experiences: (i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (ii) substantial leakage of the contents of a collecting device sufficient to require cleaning and a change in clothing. Score 15 9(b) The majority of time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. Score 6 9(c) None of the above apply. Score 0 Activity 10: Consciousness during waking moments. 10(a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. Score 15 10(b) At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. Score 6 10(c) None of the above apply. Score 0 Part 2: Mental, cognitive and intellectual function assessment Activity 11: Learning tasks. 11(a) Cannot learn how to complete a simple task, such as setting an alarm clock. Score 15 11(b) Cannot learn anything beyond a simple task, such as setting an alarm clock. Score 9 11(c) Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes. Score 6 11(d) None of the above apply. Score 0 Activity 12: Awareness of everyday hazards (such as boiling water or sharp objects). 12(a) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they require supervision for the majority of the time to maintain safety. Score 15 12(b) Reduced awareness of everyday hazards leads to a significant risk of (i) injury to self or others; or (ii) damage to property or possessions such that they frequently require supervision to maintain safety. Score 9 12(c) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they occasionally require supervision to maintain safety. Score 6 12(d) None of the above apply. Score 0 Activity 13: Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). 13(a) Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions. Score Employment and Support Allowance

15 13(b) Cannot, due to impaired mental function, reliably initiate or complete at least two personal actions for the majority of the time. Score 9 13(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least two personal actions. Score 6 13(d) None of the above apply. Score 0 Activity 14: Coping with change. 14(a) Cannot cope with any change to the extent that day-to-day life cannot be managed. Score 15 14(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day-to-day life is made significantly more difficult. Score 9 14(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day-to-day life is made significantly more difficult. Score 6 14(d) None of the above apply. Score 0 Activity 15: Getting about. 15(a) Cannot get to any place outside the claimant s home with which the claimant is familiar. Score 15 15(b) Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person. Score 9 15(c) Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. Score 6 Activity 16: Coping with social engagement due to cognitive impairment or mental disorder. 16(a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. Score 15 16(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual. Score 9 16(c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. Score 6 16(d) None of the above apply. Score 0 Activity 17: Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. 17(a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. Score 15 17(b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. Score 15 17(c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. Score 9 17(d) None of the above apply. Score 0 15(d) None of the above apply. Score 0 15 Employment and Support Allowance

16 Appendix 2: Assessment of whether a claimant has limited capability for work-related activity Activity 1: Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably be, worn or used. Cannot either: (a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. Activity 2: Transferring from one seated position to another. Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. Activity 3: Reaching. Cannot raise either arm as if to put something in the top pocket of a coat or jacket. Activity 4: Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this appendix). Cannot pick up and move a 0.5-litre carton full of liquid. Activity 5: Manual dexterity. Cannot either: Activity 6: Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person. Cannot convey a simple message, such as the presence of a hazard. Activity 7: Understanding communication by verbal means (such as hearing or lipreading) alone, non-verbal means (such as reading 16-point print or Braille) alone, or a combination of (i) and (ii) using any aid that is normally, or could reasonably be, used, unaided by another person. Cannot understand a simple message due to sensory impairment, such as the location of a fire escape. Activity 8: Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used. At least once a week, experiences: (a) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (b) substantial leakage of the contents of a collecting device sufficient to require the individual to clean themselves and change clothing. Activity 9: Learning tasks. Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder. (a) press a button, such as a telephone keypad; or (b) turn the pages of a book with either hand. 16 Employment and Support Allowance

17 Activity 10: Awareness of hazard. Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of: (a) injury to self or others; or (b) damage to property or possessions such that they require supervision for the majority of the time to maintain safety. Activity 11: Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions. Activity 12: Coping with change. Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day-to-day life cannot be managed. Activity 13: Coping with social engagement, due to cognitive impairment or mental disorder. Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. Activity 14: Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. (c) Cannot convey food or drink to the claimant s own mouth without receiving regular prompting given by someone else in the claimant s physical presence; or (d) Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant s own mouth without receiving: (i) physical assistance from someone else; or (ii) regular prompting given by someone else in the claimant s presence. Activity 16: Chewing or swallowing food or drink. (a) Cannot chew or swallow food or drink (b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort (c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant s presence; or (d) Owing to a severe disorder of mood or behaviour, fails to: (i) chew or swallow food or drink; or (ii) chew or swallow food or drink without regular prompting given by someone else in the claimant s presence. Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. Activity 15: Conveying food or drink to the mouth. (a) Cannot convey food or drink to the claimant s own mouth without receiving physical assistance from someone else (b) Cannot convey food or drink to the claimant s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort 17 Employment and Support Allowance

18 Where can I get further information? Action on Hearing Loss We offer a wide range of free information on many aspects of hearing loss. Our leaflets provide introductory information, while our factsheets go into more detail. You may be interested in the other factsheets in our Benefits range, which cover Access to Work, Personal Independence Payment, Attendance Allowance and much more. You may also be interested in our leaflets: Using communication support Choosing products to help with hearing loss Enjoying TV, entertainment and the arts. To find out more, and to order free copies, contact our Information Line (see last page). You can also download our publications for free at References All of our factsheets are based on up-to-date research and information. If you d like a list of references for this factsheet, please us at [email protected] Other organisations Benefit Enquiry Line (Northern Ireland) Provides advice and information on disability and carers benefits for people living in Northern Ireland. Telephone Textphone Citizens Advice Provides free advice and information to help people resolve legal, financial and other problems see your phonebook for your nearest bureau or do an online search at: (England and Wales) (Scotland) (Northern Ireland) Alternatively, you can use the Citizens Advice online advice guide at Disability Information and Advice Line services (DIAL) To find out if there is a DIAL that covers your area: Telephone Textphone Disability Rights UK Provides a range of information about benefits, including free factsheets and the Disability Rights Handbook. It does not have a benefits advice line for individuals. Ground Floor, CAN Mezzanine, East Road, London N1 6AH Telephone [email protected] Acknowledgement We would like to thank Disability Rights UK for helping us to produce and review this factsheet. Gov.uk Provides online government information about benefits and public services. You can also find details of your local Jobcentre Plus office. To download claim form ESA1, visit 18 Employment and Support Allowance

19 Jobcentre Plus Contact Centre Telephone Textphone You can also make your claim in Welsh: Telephone Law Centres Provide free legal advice, casework and representation to individuals and groups. All Law Centres specialise in social welfare law. You can find details of your local Law Centre from the Law Centres Network. NI Direct Provides online government information about benefits and public services in Northern Ireland. Turn2us Helps people in financial need to access welfare benefits, charitable grants and other financial help. Telephone Fax Find an adviser search tool: We welcome your feedback If you have any comments or suggestions relating to this factsheet, or if you re interested in joining our Readers Review Panel, we d love to hear from you. Your feedback will help us to improve our information. To find out more, or to provide us with your comments, please us at reviewpanel@ hearingloss.org.uk or write to Information and Publications, Action on Hearing Loss, Featherstone Street, London EC1Y 8SL. Please help us support others We provide our leaflets, factsheets and Information Line service free of charge to anyone affected by hearing loss or tinnitus in the UK, but we rely on the generosity of our supporters to help us to do this. We would be very grateful if you would consider making a donation today of as little or as much as you can afford. You can send a cheque/po made payable to Action on Hearing Loss to: Action on Hearing Loss, FREEPOST LON13186, London EC1B 1AL. Or you can make a donation online using a credit card, debit card or CharityCard. Please visit 19 Employment and Support Allowance

20 We re Action on Hearing Loss, the charity working for a world where hearing loss doesn t limit or label people, where tinnitus is silenced and where people value and look after their hearing. We can t do this without your help. To find out more about what we do and how you can support us, go to Action on Hearing Loss Information Line Telephone Textphone SMS (standard text message rates apply) [email protected] Employment and Support Allowance, version 1, A0759/0414. PUBLISHED: APRIL REVIEW DATE: APRIL Action on Hearing Loss is the trading name of The Royal National Institute for Deaf People. A registered charity in England and Wales (207720) and Scotland (SC038926)