Employment and Support Allowance has two components: a contributory allowance (which has similarities to Incapacity Benefit) and an income-related allowance (which has similarities with Income Support).

An ‘assessment phase’ of 13 weeks normally applies to all new ESA claimants, during this time the Department for work and pensions (DWP) will gather information with respect to your claim. This will involve you undergoing a Work Capability Assessment and a work focused interview. During the assessment phase you will paid ESA at a reduced rate, the ‘basic allowance’ (whether you get the contributory or the income-related allowance).

The Work Capability Assessment

The ESA Work Capability Assessment is more complex than that currently used for Incapacity Benefit. The assessment will be carried out by a health care professional working on behalf of the Department for Work and Pensions. It is intended to:
• Find out whether you have a ‘limited capability for work’.
• Find out whether you have a ‘limited capability for work-related activity’.
• Carry out a ‘work-focused health-related assessment’.

The test for ‘limited capability for work’ has many similarities to the Incapacity Benefit'Personal Capability Assessment'. Points are scored based on your ability to carry out a range of physical or mental health activities as appropriate. You score points according to your inability to carry out these tasks. If you score 15 points you are deemed to have limited capability for work and can stay on ESA. If you fail this part of the test you will be moved onto Jobseeker's Allowance instead.

The 'limited capability for work-related activity' test is used to decide whether you are placed in the support group of claimants or the work-related activity group (see below). The test has a list of 46 descriptors, relating to both physical and mental functions. If at least one of them fits, you will be placed in the support group of claimants.
The ‘work-focused health-related assessment’ (WFHRA) collects information about your ‘functional capacity’ to carry out tasks. This focuses on the things you can do as opposed to the limited capability for work assessment, which focuses on the things you cannot do. The WFHRA also collects information about any health interventions that could improve your functional capacity and thus support a move back into work. This could include the use of appropriate aids and adaptations. The information collected in the WFHRA is put into a ‘capability report’ which is used in the work-focused interview.

 

The initial work-focused interview

You are normally expected to attend an initial ‘work-focused interview’. This should take place during the 8th week of their ESA claim. At this interview a ‘personal adviser’ will discuss your work prospects, the steps that you are willing to take to move into work and the support available to you. As a guide, the personal adviser will be using the capability report that was produced in the work-focused health-related assessment.
The interview can be waived if you are likely to be starting a job or returning to work. The personal adviser can also defer an interview if, because of your condition, it would be inappropriate at that particular time.
 

The contributory allowance

You will need to have paid enough National Insurance contributions in specific tax years to be entitled to the contributory allowance. If you do pass the contribution conditions, you will receive a flat-rate benefit, which is similar to Incapacity Benefit. However, unlike Incapacity Benefit, the contributory allowance of ESA has no age-related additions or additions for dependents (such as a wife, husband or civil partner or child). In order to get additions for your partner you will need to also satisfy the conditions for the income-related allowance (see below). If you are on a low income and need extra money to look after a child, you should claim Child Tax Credit.
If you have limited capability for work from and claim ESA before the age of 20 (or 25 if you have been in education or approved training) you do not have to satisfy the contribution conditions to be entitled to the contributory allowance.
 

The income-related allowance

This is similar to income support. In brief, your needs (and those of your partner if you have one) are compared with your resources, such as your income and savings, and the income-related allowance worked out from this comparison. It can be paid on its own (if you are not entitled to the contributory allowance) or as a top-up to the contributory allowance (if you are).
 

The support group

If it is decided that you have a limited capability for work-related activity, you will be placed in the support group of claimants. If you are placed in this group, you will not have to undertake work-related activities (though you can volunteer to do so if you want).
 

The work-related activity group

If it is decided that you do not have a limited capability for work-related activity, you will be placed in the work-related activity group of claimants. You will have to adhere to strict work-related conditions in order to continue receiving the benefit in full. This will involve attending a series of five further work-focused interviews in addition to the initial work-focused interview.
These interviews will normally take place each month and at them the personal adviser will try to help you back into work. As with the initial work-focused interview, they will be using the capability report as a guide. They will draw up an ‘action plan’, which will outline the activities that you could undertake to help you move into work.
 

How is it worked out?

Whether you get the contributory allowance or the income-related allowance of ESA (or both together), your ESA will be paid at different levels, depending on the stage you have reached in your claim.
During the assessment phase you can only be paid ESA at a reduced rate, the ‘basic allowance’. This is set at a similar level to that of Jobseeker's Allowance. If you are aged under 25 you will receive a reduced rate of the basic allowance during the assessment phase of your claim. Once you have completed the assessment period the reduction for under 25s will no longer apply.
After the assessment phase you can receive one of two additional payments. If you are placed in the work-related activity group you will receive a lower additional payment (set at £24 a week). If you are placed in the support group of claimants you will receive a higher additional payment (set at £29 a week).
 

Sanctions

Both the initial work-focused interview and the follow-up interviews are mandatory. If you fail to either attend or participate in a work-focused interview, your ESA may be paid at a reduced rate or ‘sanctioned’. Sanctions can only be applied to the additional payments of ESA, not the basic allowance. Hence sanctions can only be applied when the assessment phase of the benefit is over.
For the first four weeks, the sanction will consist of a 50 per cent reduction to the additional payment within your ESA. Thereafter the additional payment will be removed completely. The sanction will last for as long as you do not comply with the requirements that are demanded of you. For instance, if you refuse to attend a work-focused interview, the sanction will apply until you do attend one.
 

What happens if you are already getting Incapacity Benefit or Income Support?

If you are already receiving Incapacity Benefit or Income Support paid on the grounds of incapacity when ESA is introduced, you will continue to receive those benefits, rather than ESA, for the time being.
You will also continue to come under the rules and conditions which apply to Incapacity Benefit or Income Support. So, for instance, your incapacity will be tested under the old Incapacity Benefit ‘Personal Capability Assessment’ rather than the new ESA Work Capability Assessment. However from April 2010 (or 2009 if you are under 25) you will be required to undergo the Work Capability Assessment instead.
Though the majority of Incapacity Benefit and Income Support claimants should not be worse off under the ESA system, some groups of claimants may be. If you are in this position, once you have been moved onto ESA, you should receive ‘transitional protection’. This will bring your ESA up to the same level as your existing rate of Incapacity Benefit or Income Support.
 

Where can I get more help and information?

For more detailed information, the Disability Alliance will be producing an Employment and Support Allowance guide in late 2008. This is now available to order.
 

This page was by Ian Greaves of the Disability Alliance, editor of the Disability Rights Handbook. Last updated by Ian Greaves, May 2008.