Employment & Support Allowance (ESA): Your Rights Explained

Last updated: 1 May 2026Checked against primary legislation on legislation.gov.uk

ESA supports people who can't work, or have limited ability to work, because of illness or disability. Most new claimants now get Universal Credit instead, but ESA still matters, especially if you've paid NI and qualify for new-style ESA on top of UC. This guide explains how it works and how to challenge a fit-for-work decision.

Key points

✓New-style ESA is based on your NI record and isn't means-tested
✓Income-related ESA is closed to new claimants, being migrated to UC
✓Support Group pays £149.25/week; WRAG pays £97.75/week (2026/27)
✓Contributory ESA in the WRAG is limited to 365 days; Support Group has no limit
✓Around 66% of ESA appeals succeed at tribunal, challenge a fit-for-work decision

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New-style ESA vs income-related ESA

New-style ESA

Based on your NI contribution record
Not means-tested (savings don't affect it)
Paid for up to 365 days in the work-related activity group
No time limit in the support group
Can be paid alongside UC

Income-related ESA

Means-tested (savings and income affect it)
No longer available to new claimants
Existing claimants being migrated to UC
No time limit
Cannot be paid on top of UC

If you're making a new claim, you'll claim Universal Credit instead of income-related ESA. If you have enough NI contributions, you can claim new-style ESA at the same time as UC, they can be paid together.

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How much is ESA?

Stage / Group	Weekly amount (2026/27)
Assessment rate (under 25)	£77.45
Assessment rate (25 or over)	£97.75
Work-related activity group	£97.75
Support group	£149.25

You receive the assessment rate for the first 13 weeks while DWP completes a Work Capability Assessment. After that you're placed in the support group or work-related activity group.

The Work Capability Assessment (WCA)

The WCA determines whether you're placed in the Support Group (more money, no work-related requirements) or the Work-Related Activity Group (WRAG), or whether DWP decides you're fit for work and your ESA ends.

ESA50 questionnaire

DWP sends you an ESA50 form asking how your health condition affects your ability to work. Fill it in carefully, describe your worst days, and how consistently you can manage tasks. Return it within the deadline stated on the form.

Face-to-face or telephone assessment

A healthcare professional (HCP) employed by Capita or Atos will assess you. This is not a medical exam, it's a functional assessment based on activities like sitting, walking, concentrating, interacting with others, and coping with change.

DWP decision

The HCP's report goes to DWP. A decision-maker places you in the support group, WRAG, or finds you fit for work. If you're found 'fit for work' your ESA stops after one month.

If you're found "fit for work": Challenge this decision immediately. About 66% of ESA appeals succeed at tribunal. You can continue to receive ESA at the assessment rate while your challenge is in progress (as long as you request a Mandatory Reconsideration and then appeal within the time limits).

Support Group vs Work-Related Activity Group

The group you're placed in affects both your payment level and what's required of you:

✓Support Group: higher payment (£149.25/week), no requirement to look for work or attend interviews
✓Support Group: for people whose condition severely limits ability to work or engage in work-related activity
✓WRAG: lower payment (£97.75/week), must attend work-focused interviews and take "work-related activity"
✓WRAG: for people who may be able to work at some point in the future
✓If you think you should be in the Support Group, you can request reassessment or challenge the decision

The "Limited Capability for Work and Work-Related Activity" (LCWRA) element in Universal Credit is the equivalent of the Support Group rate for new claimants on UC.

Challenging an ESA decision

You have the right to challenge any ESA decision: being found fit for work, being placed in the WRAG instead of the support group, or having your ESA stopped or reduced.

Request a Mandatory Reconsideration

You must do this first, within 1 month of the decision letter. Write to DWP explaining which descriptors you believe were scored incorrectly. Include supporting evidence, letters from your GP, specialist, or mental health team.

Appeal to the First-tier Tribunal

If the MR fails, you have 1 month to appeal. An independent tribunal will hear your case. Around 66% of ESA appeals succeed. Oral hearings are more likely to succeed than paper-based ones.

You can continue to receive ESA at the assessment rate while your challenge is in progress, but you must submit your MR within 1 month, and your appeal within 1 month of the MR outcome. Missing these deadlines means you can lose the right to continue payments during the process.

WCA descriptors, what activities are assessed?

The Work Capability Assessment scores you against a set of descriptors, activities related to physical and mental function. Points are added up, and 15 or more points means you have Limited Capability for Work. To be placed in the Support Group (no work requirements), you must meet one of the Support Group descriptors:

Physical descriptors (scored activities)

✓Mobilising, how far you can walk/move without stopping or severe discomfort
✓Standing and sitting, how long you can remain in one position unaided
✓Reaching, ability to raise either arm to head height
✓Picking up and moving things, handling everyday objects with either hand
✓Manual dexterity, using hands and fingers (buttons, keyboard, etc.)
✓Making yourself understood, ability to communicate verbally or in writing
✓Understanding communication, following verbal and written information
✓Navigating and being near traffic, ability to travel and cross roads
✓Absence or loss of control, continence-related descriptors
✓Consciousness, fitting, loss of consciousness (frequency and pattern)

Mental, cognitive and intellectual function descriptors

✓Learning tasks, ability to learn new tasks
✓Awareness of hazard, ability to assess danger and keep safe
✓Memory and concentration, ability to complete tasks reliably
✓Initiating and completing tasks, ability to start and finish without prompting
✓Coping with change, ability to cope with changes to routine or environment
✓Getting about, going out alone without feeling distressed
✓Coping with social engagement, ability to engage with other people
✓Appropriateness of behaviour, ability to behave appropriately in public

Each descriptor has several levels scored at different points (0, 6, 9, or 15 points). You only need 15 points total to qualify. Crucially, you should be assessed on what you cannot reliably do, meaning you can't do it safely, to an acceptable standard, repeatedly, and in a reasonable time. A task you can only complete unreliably or in pain still scores points.

ESA for mental health, how the WCA applies

Many people with mental health conditions, including depression, anxiety, PTSD, bipolar disorder, schizophrenia, OCD, and personality disorders, qualify for ESA. The assessment looks at how your condition affects function, not the diagnosis itself:

✓Mental health descriptors specifically cover: learning tasks, awareness of hazard, memory/concentration, initiating tasks, coping with change, social engagement, and appropriate behaviour
✓Fluctuating conditions: if your condition varies, describe how you are on your worst days and how often bad days occur
✓Anxiety and depression: inability to leave the house, panic attacks in public, difficulty concentrating, problems with social interaction all score under mental health descriptors
✓PTSD and trauma: hypervigilance, inability to cope with unexpected changes, and avoidance behaviours can all score points
✓Psychosis: if your condition means you pose a risk to yourself or others, or you cannot reliably perform tasks, you may qualify for the Support Group directly
✓Medication side effects: fatigue, concentration problems, and drowsiness from medication all count in the assessment

Mental health assessments are often done by phone or video, you can request a face-to-face assessment if you believe a remote assessment does not fairly capture your condition. You can also request a same-sex assessor or bring a companion (friend, family member, or support worker) to any assessment.

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:

✓Contributory ESA in the WRAG is limited to 365 days (1 year)
✓After 365 days, your contributory ESA stops, even if your condition has not improved
✓This time limit does NOT apply if you are in the Support Group
✓This time limit does NOT apply to income-related ESA (which is now closed to new claimants)
✓After your ESA stops, you may be able to claim Universal Credit if your income/savings are low enough
✓You cannot simply reclaim new-style ESA once it has run out, you would need to meet the NI contribution test again

If you are approaching the 365-day limit in the WRAG, consider whether you should be in the Support Group instead, getting this changed removes the time limit. You can request reassessment at any time if your condition has worsened. Alternatively, if your savings are under £16,000 and you meet the income test, claim Universal Credit before your ESA ends to avoid a gap in payments.

Permitted work, can you work while on ESA?

You can do limited paid work while receiving ESA without it automatically stopping your benefit. This is called permitted work:

Type of permitted work	Earnings limit	Time limit
Permitted work (higher limit)	£183.50/week	52 weeks, then lower limit applies
Permitted work (lower limit)	£152/week	No time limit, must be under 16 hours/week
Supported permitted work	£183.50/week	No time limit, must be supervised

✓You must notify DWP before starting permitted work, use a PW1 form
✓Supported permitted work must be done under medical supervision or as part of a rehabilitation programme
✓Voluntary work does not count as permitted work and does not affect ESA
✓Any work over these limits may be treated as evidence that you are fit for work, it can trigger a WCA
✓Permitted work does not reset the 365-day WRAG clock

ESA migration to Universal Credit

DWP is migrating all remaining income-related ESA claimants to Universal Credit. This process is ongoing:

✓DWP sends a 'migration notice' letter, you must claim UC within 3 months of the letter
✓If you claim UC within this period, your benefit level is protected with a 'transitional element' ensuring you are no worse off initially
✓If you miss the 3-month deadline, your ESA is stopped and the transitional protection is lost
✓If you are in the Support Group, you will be placed in the LCWRA (Limited Capability for Work and Work-Related Activity) group in UC, equivalent protection, no work requirements
✓If you are in the WRAG, you will be placed in the LCW (Limited Capability for Work) group in UC
✓New-style ESA can continue alongside UC if you have the NI contribution record to qualify

Do not ignore a UC migration notice. If you miss the claim deadline, your income-related ESA stops automatically and you lose transitional protection. Get advice from Citizens Advice or a welfare rights service as soon as you receive a migration letter.

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Frequently asked questions

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

New-style ESA is based on your National Insurance contributions and is not means-tested, your partner's income does not affect it. Income-related ESA is now closed to new claimants. Most new claimants now claim Universal Credit instead, which includes a Limited Capability for Work element that works similarly. New-style ESA can be paid alongside UC if you have enough NI contributions.

What is a Work Capability Assessment?

The Work Capability Assessment (WCA) determines how your health condition affects your ability to work. You complete an ESA50 questionnaire and may attend an assessment with a health professional. The assessment scores you against physical and mental descriptors, you need 15 points to qualify for Limited Capability for Work. The Support Group requires meeting one of a separate set of higher-threshold descriptors. Around 66% of people who appeal a fit-for-work decision win at tribunal.

How much ESA will I receive?

During the 13-week assessment phase, ESA is £77.45/week (under 25) or £97.75/week (25+). After assessment, the Support Group rate is £149.25 per week with no work requirements. The WRAG rate is £97.75 per week but requires attendance at work-focused interviews. Contributory (new style) ESA in the WRAG is limited to 365 days, after that it stops unless you are in the Support Group.

Can I appeal a fit-for-work decision?

Yes. You must first request a Mandatory Reconsideration within 1 month of the decision. If this fails, you can appeal to the independent First-tier Tribunal. Around 66% of ESA tribunal cases succeed. Always request an oral hearing rather than a paper review, success rates are significantly higher. You can continue receiving ESA at the assessment rate while challenging the decision, provided you act within the time limits.

Can I work while claiming ESA?

You can do limited 'permitted work' while on ESA without it being treated as fit for work. The higher limit is up to £183.50/week for a maximum of 52 weeks. After that, a lower limit of £152/week applies with a 16-hour cap. You must notify DWP before starting permitted work using a PW1 form. Supported permitted work (supervised/rehabilitation) has no time limit.

Does ESA cover mental health conditions?

Yes. The Work Capability Assessment includes mental, cognitive, and intellectual function descriptors covering learning tasks, awareness of hazard, memory and concentration, initiating tasks, coping with change, social engagement, and appropriate behaviour. Depression, anxiety, PTSD, bipolar disorder, schizophrenia, and OCD can all qualify, the assessment focuses on how your condition affects your daily function, not the diagnosis alone. Describe your worst days and how consistently you are affected.

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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