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Employment & Support Allowance (ESA) — Your Rights Explained

ESA is a benefit for people who can't work, or have limited ability to work, because of illness or disability. There are two types: contributory (new-style) ESA based on your National Insurance record, and income-related ESA which is means-tested. Most new claimants now get Universal Credit instead of income-related ESA, but ESA still matters — especially if you've paid NI contributions and qualify for new-style ESA on top of UC.

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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.

How much is ESA?

Stage / GroupWeekly amount (2024/25)
Assessment rate (under 25)£71.70
Assessment rate (25 or over)£90.50
Work-related activity group£90.50
Support group£138.20

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.

1
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.
2
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.
3
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 (£138.20/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 (£90.50/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.

1
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.
2
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.

Get advice about your specific situation

Ash is a free UK guidance assistant. Ask about your rights, get step-by-step guidance, and generate a formal letter if you need one.

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Related guides

Mandatory Reconsideration
The required first step before you can appeal to a tribunal.
Benefits Appeals
Taking your ESA case to an independent First-tier Tribunal.
PIP
Personal Independence Payment — separate from ESA and not means-tested.
Universal Credit
UC includes equivalent support for limited capability for work.