Employment & Support Allowance (ESA): Your Rights Explained

Data last checked on 8 October 2026.

Checked against GOV.UK, legislation.gov.uk and nidirect. Edited by Steven Butler.

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Employment and Support Allowance (ESA) is a benefit you can apply for if you have a disability or health condition that affects how much you can work. A new claim is for New Style ESA, which depends on your National Insurance record, and your savings do not affect it. This guide covers claiming and challenging decisions.

Key points

✓New Style ESA depends on your National Insurance record, and your savings do not affect it
✓Income-related ESA is closed to new claims
✓Support Group pays £145.90/week; WRAG pays £95.55/week (2026/27)
✓Contributory ESA in the WRAG is limited to 365 days; Support Group has no limit
✓In April to June 2026, 46% of ESA appeals cleared at a tribunal hearing were overturned in favour of the claimant

New-style ESA vs income-related ESA

New-style ESA

Based on your National Insurance record
Your savings do not affect how much you are paid
Lasts 365 days in the work-related activity group
No time limit in the support group
Can be claimed at the same time as Universal Credit, which reduces your Universal Credit by the amount of ESA you get

Income-related ESA

Household income and savings worth £6,000 or more may affect how much you get
Closed to new claims
Being replaced by Universal Credit
No time limit
Ends when you claim Universal Credit, with 2 more weeks of payments

You might be able to get Universal Credit at the same time as, or instead of, New Style ESA. If you get both, your Universal Credit payment is reduced by the amount you get for New Style ESA.

New-style ESA: eligibility, how to claim and backdating

You can apply for New Style ESA if you are under State Pension age and have a disability or health condition that affects how much you can work. You also need to have worked as an employee or been self-employed, and paid enough National Insurance contributions, usually in the last 2 to 3 years. National Insurance credits also count.

Yes: You can apply whether you are in or out of work
Yes: Apply online at GOV.UK, or call the Jobcentre Plus new claims helpline on 0800 055 6688 if you cannot apply online
Yes: You need a fit note if you have not been able to work for more than 7 days in a row because of a disability or health condition
Yes: The time allowed to claim ESA for a particular day is that day and the 3 months after it
Yes: If you get New Style ESA you earn Class 1 National Insurance credits, which can help towards your State Pension and some benefits in the future

No: You cannot get new-style ESA while you're getting Statutory Sick Pay (SSP) from an employer, but you can apply for new-style ESA up to 3 months before your SSP ends
No: You cannot get New Style ESA if you claim Jobseeker's Allowance (JSA)

New-style ESA isn't means-tested on savings, and your partner's income doesn't affect it, but a private or occupational pension does: if you get more than £85 a week from a private pension, half of the amount over £85 is deducted from your ESA each week. £100 a week from a pension, for example, cuts new-style ESA by £7.50 a week.

Claiming Carer's Allowance too? New-style ESA and Carer's Allowance overlap: if you qualify for both, your Carer's Allowance is reduced by the amount of your ESA and only the balance, if any, is paid. PIP is different: you can get PIP at the same time as all other benefits, except Armed Forces Independence Payment.

Northern Ireland: there is a different way to apply in Northern Ireland, and the capability for work questionnaire is different there. If you live in Northern Ireland, contact the NI Direct Employment and Support Allowance Centre to report a change.

How much is ESA?

Stage / Group	Weekly amount (2026/27)
Assessment rate (under 25)	£75.65
Assessment rate (25 or over)	£95.55
Work-related activity group	£95.55
Support group	£145.90

These are the New Style (contributory) ESA rates, and each figure is the most you can get. If you are still on income-related ESA, the personal allowances are £77.52 a week under 25 and £97.75 at 25 or over, with a work-related activity component of £37.95 and a support component of £50.35.

You normally get the assessment rate for 13 weeks while your claim is being assessed. If it takes longer than 13 weeks to assess your claim, you continue getting the assessment rate until you get a decision or until your ESA is due to end. After you are assessed, you are placed in the work-related activity group or the support group. ESA is paid every 2 weeks.

The Work Capability Assessment (WCA)

A Work Capability Assessment is used to find out if your illness or disability affects how much you can work. You might not need one, for example if you are in hospital or nearing the end of life.

WCA50 questionnaire

You are sent form WCA50, usually within 4 weeks of your first payment. It is a capability for work questionnaire and is your chance to tell DWP how your health condition, disability or illness affects your ability to work. You must send it back within 28 days of the date you receive it. If you have received an ESA50 form, you can still fill it in and send it back. If you are also claiming Universal Credit, you will only have one form to complete.

Assessment

After you return the form you may be asked to go to a Work Capability Assessment. It assesses what you can do, as well as what you cannot do. You will be asked how your condition affects you in your day to day life, and you can explain if, and how, your condition may vary over time. Assessments can be in person, by video call or on the phone, and you will be told how yours will take place. You can have someone else with you, for example a friend or support worker. The audio of your assessment will be recorded, and you can contact your health assessment provider using the details in your invitation letter if you do not want it recorded.

DWP decision

You get a letter with a decision on whether you have limited capability for work or limited capability for work and work-related activity, and if you will continue to receive New Style ESA. It will also tell you if you will need to be assessed again at some point in the future, which normally happens within 3 years. If you disagree with the decision you can ask for it to be looked at again, which is called mandatory reconsideration.

If you disagree with the decision: in April to June 2026, 46% of ESA appeals cleared at a tribunal hearing were overturned in favour of the claimant.

Support Group vs Work-Related Activity Group

If you are entitled to ESA you are placed in one of 2 groups: the work-related activity group or the support group.

	Support group	Work-related activity group
Who is placed in it	Usually people whose illness or disability severely limits what they can do, and anyone nearing the end of life	People who cannot work now but can prepare to work in the future, for example by writing a CV
Weekly amount	Up to £145.90	Up to £95.55
Work coach interviews	You do not have to go to interviews	You must attend regular interviews with a work coach
Sanctions	You will not get a sanction	Your ESA can be reduced if you do not attend interviews or do work-related activity as agreed in your Claimant Commitment
New Style ESA time limit	No time limit	365 days

If you get a sanction you can ask for the decision to be looked at again and ask for a hardship payment. Your benefit will only be affected once a decision has been made.

If you get income-related ESA, you may be able to get a hardship payment if your benefit has been reduced because of a sanction or a penalty due to suspected benefit fraud. A hardship payment is a reduced amount of your ESA that you do not have to pay back. You can get one if you cannot pay for rent, heating, food or other basic needs for you or your family, and you must be 18 or over.

Universal Credit has its own limited capability for work and work-related activity (LCWRA) element. Our LCWRA guide explains how it is awarded.

Challenging an ESA decision

You can ask for mandatory reconsideration if you think the office dealing with your claim has made an error or missed important evidence, you disagree with the reasons for the decision, or you want the decision looked at again. Some decisions cannot be reconsidered, and others can go straight to an appeal. Your decision letter will say if this applies to you.

Ask for mandatory reconsideration

You usually need to ask for mandatory reconsideration within one month of the date of the decision. You can ask after one month if you have a good reason, for example if you have been in hospital or had a bereavement, and you must explain why your request is late. Explain what part of the decision is wrong and why. You can send evidence to support your reasons, such as new medical evidence or reports or care plans from specialists, therapists or nurses.

Appeal to the tribunal

You usually need to appeal within one month of the date of your mandatory reconsideration notice. If you start your appeal after a month you will have to explain why you did not do it earlier, and your appeal might not be accepted. Your appeal is decided at a tribunal hearing by a judge and one or two experts who are impartial and independent of government. It usually takes at least 6 months for an appeal to be heard.

Keeping ESA while you challenge a decision: under regulation 30 of the Employment and Support Allowance Regulations 2008, you are treated as having limited capability for work until it is decided whether you have it, as long as you provide evidence of limited capability for work in line with the Medical Evidence Regulations. A previous finding that you do not have limited capability for work does not stop this where you have made, and are pursuing, an appeal against the first such decision and the First-tier Tribunal has not yet decided it. You may also need to send fit notes regularly.

WCA descriptors, what activities are assessed?

The Work Capability Assessment scores you against descriptors for physical activities (Part 1 of Schedule 2) and for mental, cognitive and intellectual function (Part 2). You have limited capability for work if you score at least 15 points from Part 1, from Part 2, or from a combination of both. You have limited capability for work-related activity if at least one of the descriptors in Schedule 3 applies to you and it is not reasonable to require you to undertake such activity.

Physical descriptors (scored activities)

Yes: Mobilising unaided by another person, with or without a walking stick, manual wheelchair or other aid
Yes: Standing and sitting
Yes: Reaching
Yes: Picking up and moving or transferring by the use of the upper body and arms
Yes: Manual dexterity
Yes: Making self understood through speaking, writing, typing, or other means
Yes: Understanding communication
Yes: Navigation and maintaining safety, using a guide dog or other aid
Yes: Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder
Yes: Consciousness during waking moments

Mental, cognitive and intellectual function descriptors

Yes: Learning tasks
Yes: Awareness of everyday hazards (such as boiling water or sharp objects)
Yes: Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks)
Yes: Coping with change
Yes: Getting about
Yes: Coping with social engagement due to cognitive impairment or mental disorder
Yes: Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder

Each activity has descriptors scored at different points, up to 15, and only the descriptor with the highest score for each activity that applies to you is counted. For Part 1 you are assessed as if you were wearing or using any aid or appliance you normally use, or could reasonably be expected to use. Examples of Schedule 3 descriptors include that you cannot mobilise more than 50 metres on level ground without stopping to avoid significant discomfort or exhaustion, or that you cannot pick up and move a 0.5 litre carton full of liquid.

ESA for mental health, how the WCA applies

Incapability for a Part 1 activity must arise from a specific bodily disease or disablement, and for a Part 2 activity from a specific mental illness or disablement. The Part 2 activities are learning tasks, awareness of everyday hazards, initiating and completing personal action, coping with change, getting about, coping with social engagement and appropriateness of behaviour. Incapability can also arise as a direct result of treatment provided by a registered medical practitioner for that illness or disablement.

Yes: The assessment gives you the opportunity to explain if, and how, your condition may vary over time
Yes: You can have someone else with you at the assessment, for example a friend or support worker
Yes: Assessments can be in person, by video call or on the phone, and you will be told how yours will take place

The 365-day time limit for the work-related activity group

If you are placed in the Work-Related Activity Group (WRAG) and claim contributory (new-style) ESA, there is a time limit on your payments:

No: New Style and contribution-based ESA last for 365 days if you're in the work-related activity group

Yes: There is no time limit if you are in the support group
Yes: There is no time limit if you are getting income-related ESA
Yes: Days when you are a member of the support group do not count towards the 365 days
Yes: You might be able to get Universal Credit at the same time as, or instead of, New Style ESA
Yes: You may be able to reapply after your New Style ESA ends, depending on the National Insurance contributions you paid in the last 2 full tax years before the tax year you are claiming in, and whether you are placed in the support group because you developed a new condition or your health deteriorated

To claim Universal Credit you must have £16,000 or less in money, savings and investments. If you get both New Style ESA and Universal Credit, your Universal Credit payment is reduced by the amount you get for New Style ESA.

Permitted work, can you work while on ESA?

You can usually work while you are claiming ESA if both of these apply (2026/27):

Yes: You work less than 16 hours a week
Yes: You do not earn more than £203.50 a week
Yes: Tell Jobcentre Plus about your work, including any volunteering, when you make a claim
Yes: If you are already claiming ESA and want to start work, fill in the ESA permitted work form and send it to Jobcentre Plus
Yes: You can do as many hours of voluntary work as you like
Yes: Work that is part of your treatment programme and done under medical supervision as an in-patient or regular out-patient of a hospital or similar institution is exempt work, and so is work supervised by a person employed by a public or local authority or a voluntary organisation or community interest company that provides or arranges work for people with disabilities, if your earnings do not exceed 16 times the National Minimum Wage a week
Yes: Work for which your earnings in any week do not exceed £20.00 is also exempt work

The regulations treat you as not entitled to ESA in any week in which you do work, unless one of the exceptions applies, such as the exempt work categories in regulation 45.

ESA migration to Universal Credit

Income-related ESA is one of the benefits that is ending, and people on it are being moved to Universal Credit:

Yes: To continue getting financial support, you must claim Universal Credit by the deadline date in your Migration Notice letter
Yes: The deadline to claim Universal Credit after a Migration Notice cannot be within 3 months of the date the notice was issued
Yes: You may be able to get more time to make a claim if you have a good reason, but you must request this before your deadline date
Yes: If the amount you are entitled to on your existing benefits is more than you will get on Universal Credit, a top up called transitional protection is paid automatically if you claim by your deadline date
Yes: If you have applied for Universal Credit, you keep getting your current benefit paid for 2 more weeks, as long as you are still eligible, and you do not need to pay it back
Yes: You do not need a Work Capability Assessment or to provide fit notes if you move from ESA to Universal Credit without a break, you have already completed a Work Capability Assessment, and you were in the support group or the work-related activity group when you claimed Universal Credit

No: You will not get transitional protection if you claim before you get a Migration Notice letter
No: Your benefits will end even if you decide not to claim Universal Credit
No: If you do not claim by the deadline, your last day of entitlement to your existing benefits is 2 weeks after the deadline
No: If you claim Universal Credit after your deadline, normal Universal Credit eligibility rules apply and you will not be entitled to transitional protection

Do not ignore a Migration Notice letter. If you cannot claim by your deadline date, contact the Universal Credit Migration Notice Helpline on 0800 169 0328. If you need help to make your claim, you can get free support from the Citizens Advice Help to Claim service.

Where to go next

Frequently asked questions

What is the difference between new-style ESA and income-related ESA?

New Style ESA is a contributory benefit, so it normally depends on the National Insurance contributions you have paid or been credited with, and your savings do not affect how much you are paid. You cannot make a new claim for income-related ESA. You can claim Universal Credit at the same time as New Style ESA, but if you get both your Universal Credit payment is reduced by the amount you get for New Style ESA.

What is a Work Capability Assessment?

A Work Capability Assessment is used to find out if your illness or disability affects how much you can work. You fill in the WCA50 questionnaire and may be asked to go to an assessment. You have limited capability for work if you score at least 15 points from the Schedule 2 descriptors, and limited capability for work-related activity if at least one Schedule 3 descriptor applies. In April to June 2026, 46% of ESA appeals cleared at a tribunal hearing were overturned in favour of the claimant.

How much ESA will I receive?

For the first 13 weeks while your claim is being assessed, you normally get up to £75.65 a week if you are aged under 25 or up to £95.55 a week if you are aged 25 or over. After you are assessed, you get up to £95.55 a week in the work-related activity group or up to £145.90 a week in the support group. New Style ESA lasts for 365 days if you are in the work-related activity group, and there is no time limit in the support group.

Can I appeal a fit-for-work decision?

You usually need to ask for mandatory reconsideration within one month of the date of the decision. You usually need to appeal within one month of the date of your mandatory reconsideration notice. Your decision letter will say if you can appeal straight away. In April to June 2026, 46% of ESA appeals cleared at a tribunal hearing were overturned in favour of the claimant.

Can I work while claiming ESA?

You can usually work while you are claiming ESA if you work less than 16 hours a week and you do not earn more than £203.50 a week (2026/27). If you are already claiming ESA and want to start work, fill in the ESA permitted work form and send it to Jobcentre Plus. You can do as many hours of voluntary work as you like.

Does ESA cover mental health conditions?

The Work Capability Assessment has a part for mental, cognitive and intellectual function, covering learning tasks, awareness of everyday hazards, initiating and completing personal action, coping with change, getting about, coping with social engagement and appropriateness of behaviour. Incapability for a Part 2 activity must arise from a specific mental illness or disablement. The assessment gives you the opportunity to explain if, and how, your condition may vary over time.

How do I claim ESA for depression?

You apply for New Style ESA online at GOV.UK, or by calling the Jobcentre Plus new claims helpline if you cannot apply online. You need a fit note if you have not been able to work for more than 7 days in a row because of a health condition. Form WCA50 is your chance to tell DWP how your health condition affects your ability to work. The Work Capability Assessment scores you on the activities in Schedule 2, and Part 2 covers mental, cognitive and intellectual function.

How do I qualify for new-style ESA?

Is ESA means tested?

Your savings do not affect how much New Style ESA you are paid, and neither does your partner's income. A private or occupational pension can: if you get more than £85 a week from one, half of the amount over £85 is deducted from your ESA each week. For income-related ESA, which is closed to new claims, household income and savings worth £6,000 or more may affect how much you get.

Can new-style ESA be backdated?

The time allowed to claim ESA for a particular day is that day and the 3 months after it.

Can I claim new-style ESA and Carer's Allowance at the same time?

They overlap: if you qualify for both, your Carer's Allowance is reduced by the amount of your ESA and only the balance, if any, is paid.

Can I get PIP and new-style ESA together?

Yes. You can get PIP at the same time as all other benefits, except Armed Forces Independence Payment.

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https://www.knowyourrightsuk.com/benefits/esa

Know Your Rights UK. "Employment & Support Allowance (ESA): Your Rights Explained." Know Your Rights UK, https://www.knowyourrightsuk.com/benefits/esa