Employment and Support Allowance

There are two types of ESA:

New Style (Contributory) ESA: Available to people who have paid sufficient National Insurance contributions in the last two to three tax years. It is paid for a maximum of 365 days if you are in the Work-Related Activity Group, but indefinitely if you are in the Support Group. It is not means-tested — your savings and a partner's income do not affect it. New claims can still be made for New Style ESA.

Income-Related ESA (legacy): No new claims are accepted since Universal Credit replaced it. People already receiving income-related ESA continue on it until managed migration. It is means-tested and provides additional amounts for housing costs, carers, and disabilities.

It is possible to receive both New Style ESA and Universal Credit simultaneously — New Style ESA counts as income for UC purposes but the two can be received together.

The Work Capability Assessment (WCA) determines your ESA group (and the equivalent element in Universal Credit). There are two possible outcomes:

Work-Related Activity Group (WRAG): You are found to have limited capability for work. You receive ESA at the assessment rate initially, then a higher rate once the group is confirmed. You must attend work-focused interviews and may be required to undertake work preparation activities, though you cannot be required to apply for jobs.

Support Group: You are found to have limited capability for work and work-related activity. This is the higher rate and there are no work-related requirements whatsoever. This group applies to people with the most severe or unpredictable conditions.

The WCA involves completing a questionnaire (ESA50 or UC50), and often a medical assessment with a healthcare professional contracted by the DWP. Gather medical evidence before completing the form and describe your worst days, not your average days.

People receiving legacy ESA (income-related) are being migrated to Universal Credit through the DWP's managed migration process. When your turn comes, you will receive a Migration Notice letter giving you a deadline (normally three months) to make a UC claim.

Key points about migration:

• You must make a UC claim by the deadline — if you miss it, your ESA will stop.
• If you are worse off on UC, you will receive a Transitional Protection payment to make up the difference initially.
• Your existing WCA assessment should transfer to UC — you should not need to be reassessed immediately unless your circumstances change.
• Seek advice from Citizens Advice before migrating to understand exactly how your income will change.

ESA pays at different rates depending on which group you are in and how long since the claim started:

• Assessment rate (first 13 weeks of any new claim): £90.50/week for over-25s; £71.70/week for under-25s. Paid while the WCA is being completed.
• Work-Related Activity Group (WRAG): same as assessment rate — £90.50/week. No higher addition since April 2017.
• Support Group: £138.20/week (£47.70 enhanced rate on top of the base). No work-related requirements.

For New Style (contributory) ESA, the WRAG payment is time-limited to 365 days (Section 1A Welfare Reform Act 2012). Support Group claimants face no time limit. After the 365 days, the claimant must either move to UC (if they meet means tests) or rely on other support.

If you are in the WRAG you must attend work-focused interviews and may be required to undertake work preparation activities. You cannot be required to apply for jobs. The Support Group has no conditionality. Failure to attend without good reason triggers sanctions under Section 11 of the 2007 Act.

The WCA outcome — whether you are in the Support Group, WRAG, or found fit for work — is the most contested area of ESA. Around 35-40% of WCA decisions are overturned at the First-tier Tribunal stage. Steps to challenge:

1. Mandatory Reconsideration within 1 month of the decision (extendable to 13 months for good reason). Set out specifically why each WCA descriptor was misapplied, providing additional medical evidence. Around 1 in 5 MRs change the decision.
2. First-tier Tribunal appeal within 1 month of the Mandatory Reconsideration Notice. Choose ORAL hearing — paper hearings win much less often (8% vs 60%+ for oral). The Tribunal panel includes a medical member.
3. Free representation through Welfare Rights, Citizens Advice, Disability Rights UK (0330 995 0400), or Free Representation Unit. Represented appellants succeed at 75%+ rates. Apply early — services have waiting lists.
4. Regulation 35 "substantial risk" — even where the descriptor points fail, the Tribunal can place you in the Support Group if a finding of fit-for-work would pose a substantial risk to your physical or mental health. Particularly relevant for severe mental health, suicide risk, and rapidly progressive conditions.

The Pathways to Work green paper (2023-2024) proposed major reforms to the WCA framework, including tighter mobilising and mental health descriptors and an eventual merger with PIP. Some changes are in consultation; the existing framework applies until commenced. See the wca-reform-pathways-to-work guide for the current state.