ESA and UC when unwell


In Part 2 of our look at benefits while not well enough to work we take a look at Employment and Support Allowance (ESA) and Universal Credit (UC) (on grounds of sickness) which is replacing part of ESA.听


In Part 1 of this series of 5 blogs听- see links at the end of this blog 听-听 we looked at benefits when you are not well enough to work in general, how these are changing and how they fit in with other benefits that can also help when you are too unwell to work.听 We also looked at听Statutory Sick Pay (SSP) in particular, which is the minimum amount that an employer usually has to pay for up to 28 weeks of sickness.

But what happens if you听don鈥檛听have an employer: perhaps you were self-employed or unemployed when you became sick? Or you do have an employer, but come into that minority of employees who can鈥檛 get Statutory Sick Pay? Or you were paid Statutory Sick Pay, but -听 as is often the case with people going through cancer treatments - you are not ready to go back to work when your SSP finishes after 28 weeks?

The answer in all cases is听Employment and Support Allowance (ESA)听from Jobcentre Plus, part of the Department of Work and Pensions (DWP). These names may sound a bit confusing if you were expecting to still find a 鈥渟ickness benefit鈥 down at the 鈥淒epartment of Health and Social Security鈥, but we have been through many levels of reform and benefits simplification since... That also means that in most areas 鈥 and all areas by the end of 2018 鈥 Universal Credit will also play a part for new claims.听

It is also worth remembering,听ber that while getting SSP from an employer prevents you getting ESA, that SSP is not the same as any other payments under your contractual sick pay, which听may go above and beyond SSP.听 So if you still get some sick pay from work after your SSP ends, that does not prevent you from claiming ESA, which can then be a useful cushion when e.g. some sickness schemes drop from full pay to half pay.听

We pick up the numbering from last time ...

  1. What is Employment and Support Allowance (ESA)?

ESA merged the old non-means tested benefits - the non-means tested Incapacity Benefit听补苍诲听Severe Disablement Allowance听and the means tested听Income Support (for sickness) -听into a single "sickness route" benefit for new claims from October 2008. The new name for ESA emphasised it鈥檚 new deal of offering more help towards returning to work for those that could, alongside support for those who could not -听听more of which later. This doesthough 听lose some of the simplicity of old names such as听Incapacity Benefit听or its even more 鈥渟ays what it is on the tin鈥 predecessor听Sickness Benefit. But effectively thats what ESA is - the not that new, combined, 听benefit for sickness.

Existing claimants of the previous 鈥渟ickness route鈥 benefits were all meant to be re-assessed under the new tougher ESA tests between April 2011 and March 2014,. Most were but there still some that haven鈥檛 been.

Despite the common name and the fact that it鈥檚 all one ESA claim, there are two parts to your ESA and you may end up receiving just one, both or neither. These are:听

3.1 Contributory ESA

You claim this non means tested strand of ESA just for youin your own right, regardless of most any other income or savings you or any partner may have. You are entitled to this non-means tested version if you have paid (or been credited) with enough National Insurance contributions in the last 3 to 4 years before you claim. It is roughly equivalent to the old Incapacity Benefit.听

Contributory ESA remains outside the new Universal Credit scheme, 听but is renamed 鈥淣ew-style鈥 ESA for new claims where the full Universal Credit is in operation. It is the essentially the same thing,听听but picks up a few links to the UC system and some of its difficulties. Existing claims of Contributory ESA stay as they are when an area transitions to full service UC. and if you later qualify for a top up from Income-related ESA you can still get it. Rather than have to claim Universal Credit.

3.2听Income-related ESA

This is听claimed听 jointly with any partner and which will be affected by any other income or savings you听 - and any partner - have. This means tested version can be paid instead of Contributory ESA or as a top up to it.

It works as a safety net for anyone who has little or no other income by topping up any other income you - and any partner may have to a basic poverty line income set according to your circumstances. So in relation to Contributory ESA, it may be paid:

  • instead because you don鈥檛 have the right National Insurance contributions to get Contributory ESA or in some cases that has 鈥渢imed out
  • as a top up because although the basic rates are identical, Income-related ESA contains extra amounts : for partners, especially if over pension age (but if so do look at Pension Credit instead while you still can), being a carer, if you get a disability benefit. Your maximum Income-related ESA could be a lot higher than Contributory ESA, although听 whether you get any of this extra amount will depend on other household income

Income-related ESA will eventually be absorbed into Universal Credit. All areas are due to have have gone live with "full service UC by the end of December 2018, and until then you need to check for your area. In a full servic UC area:听

  • existing claims for Income-related ESA stay as they are for the time being.听
  • if you were on Contributory ESA before then you can continue to have Income-related ESA added on to your claim for any top up.听
  • if you are making an entirely new claim, 听then it would be for 鈥楴ew-style鈥 ESA, with Universal Credit either instead or as a top-up.

See a forthcoming separate series of blogs about Universal Credit.

3.3 Getting neither kind of ESA

It is also possible to end up with neither type of ESA , as:

  • you听 may not have the right NI contributions for Contributory/鈥漀ew Style鈥澨 ESA, and听
  • your other income brings you above Income-related ESA / Universal Credit听 levels听
  • and in some situations, Contributory / 鈥淣ew style鈥 ESA has a 12 month time limit on it 鈥 so if you can鈥檛 get any means tested help instead then these benefits stop.听

The only obvious benefit of making/continuing with such a claim is that you are credited with Class 1 National Insurance contributions, so these are known as 鈥渃redits only鈥 claims. But there are other advantages to keep such a claim going ,which we explore in Part 5听

Letters from ESA are not always very about which sort of ESA you are getting - often it makes little practical difference but sometimes it can:

  • David听lives with听Carol听and they were both working when Carol got a diagnosis of breast cancer. David鈥檚 income from various this and that鈥檚 amounting to a low wage of around 拢150 a week. The fact that Carol can get Contributory ESA/鈥漀ew Style鈥 ESA听 makes a big difference - eventually some 拢110.75 a week- to the family income The benefit then aims to prevent sliding into poverty rather than picking you up after.听
  • Merlin听lives with听Morgana听and their uneven work history as magical beings means NI is not up to scratch while Morgana makes only a small income from snaggle toothed soothsaying. Merlin needs to claim Income-related ESA / Universal Credit听 which will top up their joint income initially only up to a bare subsistence level of 拢114.85 a week
  • Hagrid听lives alone in a cottage in his employer鈥檚 grounds. His employers are no longer paying any sick pay, but are providing some forage for his collection of magical beasts. He isn鈥檛 that bothered whether it鈥檚 Contributory or Income-related ESA as the amount works out the same. However,听 Income-related ESA could be better as it helps with other benefits ,e.g. Housing Benefit claims or fares to the hospital, though as Hagrid says he has dragons for that鈥
  • Hermione鈥檚听grateful employers are continuing to pay half pay when she switches to ESA from SSP. For her it is important that she gets Contributory / 鈥淣ew Style鈥 ESA otherwise the half pay would just be taken off Income-related ESA / UC (for limited capability. She checks things out at the library and realises that by back paying just a few National Insurance contributions from her previous freelance days, she can make it so.

  1. Claiming ESA and UC

4.1 How do I claim "old style" Contributory / Income-related听ESA?

You apply - whether straight away if you can鈥檛 get SSP or in the run up to that SSP ending - by either:

  • ringing听0800 055 6688听and completing over the phone which is what the DWP would rather you did. They will send you a print out to check over and return signed along with any other documents they need;听 or
  • filling in an ESA1 claim form. You can download either a version to print off and fill in by pen or fill in on screen from the page听. If you don鈥檛 have a printer to get this on to paper, then ring the number above and ask them to send you one. Forms can be dropped off or sent to your local Jobcentre Plus office.

You can either just claim听Contributory ESA听or you can claim both. Opting to claim both involves some extra questions about any partner and both your and their income and savings. However, saying 鈥淣o鈥 could mean missing out on some useful extras. So, unless you know for sure that you won鈥檛 get Income-related ESA (e.g. your partner is in a well-paid job) then it may be safer to claim both. It is possible to only be entitled to Contributory ESA now , but become entitled to Income-related ESA later on, pehaps as extra听amounts for disability or carers following a claim for 鈥渄isability benefits鈥 kick into the sums. As it's one benefit you can always have Income-related ESA added on later.

4.2 Claiming ESA听late - or even early

It may have taken you a while to pick yourself up off the floor after a cancer diagnosis and get around to all this. You can backdate ESA for up to 3 months to whatever date you first became unable to work, without needing to give any particular reason. UC though will only allow backdating for up to a month and then only if you can show good cause e.g. the emotional impact of receiving a cancer diagnosis.听

You can claim ESA up to 3 months in advance if you know you are going to need to claim. However,听 ESA won鈥檛 be able to cope with claims much more than 5 weeks in advance if you are coming off Statutory Sick Pay (SSP). This is because they will need the SSP1 letter that your employer will send you around that time confirming the last day of any SSP. UC does not do advance claims.听

It is the last day of your SSP that determines the start date of ESA (the following day). You can move on to ESA even if your employer continues paying you some sick pay under your work scheme - after 28 weeks this will no longer include any SSP. However, any such work sick pay while ignored for Contributory ESA, will count as income against any Income-related ESA.

4.3 Confusion with 鈥淣ew Style鈥 ESA

Because of some links to UC process, the DWP preferred route is to ring the UC Service Centre and press option 2 and then option 6 to make a telephone claim for 鈥淣ew Style ESA鈥 听Previously they belatedly set up听a dedicated separate phone听 number for these claims, when they realised that their starting point - that you could only claim 'New style ESA as part of making a UC claim did not cover all situations nor was it right in law.听听

Many visitors to Maggie鈥檚 Centres have savings, work sick schemes or a partner鈥檚 income which means they are not entitled to means tested benefit but are entitled to 鈥淣ew -style ESA鈥 which remains an entirely separate non-means tested听benefit. Being forced to access this through making a UC claim was a waste of everyone鈥檚 time and led a busy working partner into processes and interviews for no good reason., as well as making the process much more intrusive. 听

After much lobbying the DWP realised a need to allow for people who needed to just claim New Style UC, via the dedicated number now options from the UC Service Centre menu. Unfortunately, your call doesnt get through to a dedicated New Style ESA team at the other end听and people are still听 frequently being told either:

  • that they have to claim new style ESA through making a UC claim when not entitled to UC - which is plain wrong ; or听
  • if needing to claim听UC to not bother with claiming any 鈥淣ew Style鈥 ESA as it will only be taken away from their UC anyway. It will be but there are still advatages in claiming the ESA anyway.

What should happen 听is:

  • your details should be taken and a claim registered and听
  • an ESA(UC) form along with a separate form for details of the account you wish it to be paid into be sent out and听
  • an appointment be made for an interview down at your local Jobcentre plus.

Busy advisers are getting fed up with taking untrained staff through the process to get this process going and have taken听to quite legally making valid claims by just sending an ESA (UC) form - adding the NI number at the top - along with听bank details to ESA , who are happily paying the award. By all means do try the DWP鈥檚 preferred route - as officially the issue is resolved and there should not have been confusions since June 2017 -听听but otherwise see the links to get the forms and bypass the issue.听

4.4 Making a UC claim

This is done online.听

  • First you sign up for a UC account using a valid e-mail and setting up a password, just as you might register with other online sites.听
  • You can then start making the claim by completing a series of To Dos within your account. You can break off and save as you go and do these in any order you like . Once started you have up to month to complete it, but your claim will only start from the day you press submit.听
  • After that you will get instructions to see if you can verify your identity on line and to accept an initial general Claimant Commitment on line.听

You then need to ring a number that appears to arrange an appointment at tour local JobCentre Plus - this is to verify your ID if the online verification doesn鈥檛 work and where necessary agree a more detailed and personalised Claimant Commitment. For many people starting a cancer journey the initial Commitment is all thats needed. But do ring the number anyway even if everything has worked online - just for them to confirm and record if an interview is unnecessary. If you do not ring within 7 days then UC - with some question as to whether their practise is lawful - will close your claim.

You can see a video run through of the UC claim process - see the links below

4.5 What will I need when making a claim?

You will need details of your National Insurance number - you may start to learn it by heart - and details such as name, date of birth, address of your GP, and the account into which you want the money paid.听

For ESA, you will also need a medical certificate from your GP - the old sick notes now known as 鈥渇it notes鈥 to accentuate the positive of when you might return to work and what might help. If you are coming off SSP you will need that SSP1 letter from your employer confirming the last date when SSP is due.

If you are claiming Income-related ESA, you may also need evidence of your other income and savings (and those of any partner). The form/telephone script tells you what you need to send in, while sometimes the DWP will write to you for anything further they need.

GP's notes听are not strictly needed for UC but can be very helpful in discussions with your UC workcoach

  1. How much ESA - or UC - will I get and when?

5.1 Contributory ESA/New style ESA听

These start at an assessment phase rate of 拢73.10 for a single person (or 拢57.90 if you are under 25). The basis for uprating was changed in 2011 and resulting increases were first capped at 1% and then frozen . Had previous conventions been upheld to maintain the value of subsistence rates set in the 1960s - these would now be worth 拢69.25 and 拢87.50 respectively听

Unlike the previous Incapacity Benefit, there are no additions for partners, children, age additions for younger long term sick claims or general additions for long term sickness.

However,听 those long term sickness additions were replaced by additional ESA components. The ESA 鈥渘ew deal鈥 , then, was to offer that听 extra amount earlier in your claim, but in exchange for some work related activity from those claimants who could manage it. The extra amount 鈥 called an ESA component 鈥 usually kicks in from week 14 depending on the outcome of your听 Work Capability Assessment (see below) .

There are two rates depending on which group you are allocated to:

  • the Support Component adds a further 拢37.65 a week into the sums and also triggers an extra amount in the sums for Income related ESA and UC, so you may now qualify for a top up for the first time.
  • the Work Related Activity Component was 拢29.05, but was abolished for new claims from April 2017. Those already on ESA at that time retain the right to carry on receiving it or to drop down to it if they come out of the Support Group.听

In both groups under 25s also move up to the full basic entitlement of 拢73.10 a week听

5.2 Income-related ESA听

This matches the basic amounts in Contributory exactly, so that initially the income from Contributory ESA might prevent a claim for any Income related ESA.听

It would though save a lot of hassle and paperwork if the Income-related ESA rate was set听 just 10p higher,听 so that those whose only income is Contributory ESA could听 also automatically get access to the full amounts in other benefits such as Housing Benefit, council tax support or help with fares to hospital.

However, Income-related ESA also included extra amounts not included in Contributory ESA, so you may qualify for a top up because of these extra amountss for: a partner, especially if of pension age, for receiving a disability benefit (in some circumstances) and听听for being a carer. We鈥檒l look at the amounts in more detail in a separate series covering the means tested benefits.听

For the many with cancer who are allocated to the Support Group,听 that also triggers an extra amount within Income-related ESA听- the enhanced disability premium 鈥 worth 拢16.40 if single and 拢23.55 for couples. So at that point, those on Contributary ESA with little other income, may well begin to qualify for some Income-related ESA as well.听

The Courts have recently forced the DWP to pay up for not having properly taken the measures at the time to ensure people switching over to ESA were considered for this top up and doing nothing about it when they realised the issue. They are now having to go back through the records and backpay in full and some will receive up to 拢5,000 in backpay.听

5.3 So鈥 how much ESA will I get and when?听

From the above, you can see that鈥檚 easier to answer then for Contributory/ 鈥淣ew Style鈥 ESA听 only claims - your basic amount plus Support Component once it kicks in . Many visitors start on 拢73.10 and move to 拢110.75 a week

However, if you are claiming Income-related ESA 鈥 either instead or as a top up to Contributory ESA, it rather "听all depends 鈥 听firstly as to if any of the different top ups apply and then on the sums that look at your other income, savings and those of any partner听.

Whichever sort of ESA 鈥 and whatever the amount you get the payments of ESA are usually two-weekly in arrears but with 7 鈥渨aiting days鈥 when you start: unless you are coming off previous benefits or SSP, returning back to ESA after a short break or are otherwise exempt.听 If you cannot manage until then you can ask for an advance payment of Income-related ESA.

5.4. What about Universal Credit?

This is always calculated monthly, so you have to divide UC rates by 4.3333 to compare with JSA. The basic principles are similar to Income related ESA and so again the answer is going to be it all depends There are some key differences though:

  • the basic rates 拢57.90 and 拢73.10 are the same, except that under 25s remain on lower amounts throughout their time with limited capability and couples and lone parents under 25 ralso get hit which was not the case before.
  • the Limited Capability Element 鈥 UC鈥檚 equivalent of ESA WRAC -听听is similarly restricted and paid at the equivalent of 拢29.05 a week
  • the Limited Capability for Work Related Activity Component 鈥 the equivalent of ESA Support Component听 I set a lot higher under UC at 拢75.76 a week as it merges in that extra premium into the element and adds a small amount to compensate for the abolition of adult disability premiums in UC 鈥 overall you may or may not be better off under UC arrangements.

As for other additions:听

  • there is no extra amount if you have a partner of pension age, so you would be well advised to get yourself off UC and over to Pension Credit while you still can - measures are due during 2019 to close off claims to Pension Credit until both partners reach pension age.
  • there are no adult disability elements 鈥 and the DWP have again found themselves in the Courts around its plans to transfer people over from Income-related ESA
  • UC will include amounts for children that are dealt with separately through Child Tax Credit under the legacy system
  • UC also covers help from any rent听 - replacing Housing Benefit . You will though still have to make a separate claim for council tax.

So, the fact that UC replaces several benefits - not just Income-related ESA and other top up equivalents - and that many in the ESA Support group and equivalent may gain under UC - means that it may be much more common for those on 鈥淣ew style 鈥 ESA to be entitled to a top up from UC than it is for听those on Contributory ESA to claim Income-related ESA.

UC is paid monthly at the end of each assessment period. This means a 5 week wait until the first payment . After intensive lobbying听 from all sides, the rules were changed to allow a full advance payment to be accessed if needed and much more听easily. It was a matter of shame to all of us that UC as the听new safety net benefit, was ever听allowed out to play witout that prvision in place听and that people with cancer had to depend on food banks and be at risk of losing their homes. 听

  1. How is 鈥渟ickness鈥 assessed under ESA?

6.1 The Work Capability Assessment听 - of sheep, goats and in-betweeners

The Work Capability Assessment (WCA) is the DWP鈥檚 own assessment of whether you qualify for ESA or UC (on limited capability grounds)听 It is essentially the same test under all the benefits for sickness, so if you should move over from Income-related ESA to Universal Credit, your current "WCA听status" 听moves over with you. You should not have to be re-assessed, though you may need to be firm with UC about this.

Within it their are two tests : one based on a points score to see if you have "limited capability for work" and the other as to whether you meet any one of a number of more severe difficuties to see if you also have "limited capabilty for work related activity" . You can be "treated" as passing both tests in certain circumstances without actually having to be assessed and scored, and this is particularly important for a large number of people with cancer - see more below.

The possible outcomes of the asessment are:

  • You are assessed as听not being unwell enough for either test听and are turned down completely That means you would no longer be entitled to any further ESA and would be听given information about claiming a separate benefit as a jobseeker . Under UC, you stay on the benefit, but do not get access to or remain among - those who have limited capability - so would need to review your work related activity with your workcoach.听听In either case, get advice as the appeals success rate is worryingly high at 60% - suggesting that all is not well with the asessments.
  • You remain on ESA or continue with UC with "limited capability - and are听allocated to one of two groups , depending on whether you just have "limited capability for work" or whether you also have "limited capability for work related activity"听(see below)听

6.2. The ESA assessment phase / UC relevant period

If you are starting a new claim for ESA or UC, then the first 13 weeks of your claim is called the 鈥渁ssessment phase鈥 under ESA and a 3 month 鈥渞elevant period under UC听 What happens during this time is a bit different under each benefit.

ESA treats you as sick based on your GP鈥檚 鈥淔itness for Work鈥 certificates (formerly known as sick notes/lines until the WCA decides otherwise.听 Initially ESA did start to talk about work requirements early on but soon realised this was a waste of time and resources: people were either only likely to be on ESA for a short period or were in the midst of coming to terms with a long term illness such as cancer or a mental health crisis.; the person conducting the interview had no information from the assessment process to go on nor knowledge of of which ESA group they were going to be allocated too. So, pre-assessment contact around work was dropped

Universal Credit has - accidentally or by design 鈥 forgotten that learning. It鈥檚 the reverse while awaiting your assessment in that after the first month听you are treated as full on jobseeker until the assessment proves otherwise. That means that it is very much up to the discretion of your 听individual UC work coach as to what happens until then. Many are hugely supportive and sensitive, others have taken the 鈥渨ork can make you better鈥 message too much to heart, and with a background to date of working mainly with jobseekers, 听there is learning to be done in working with a wider range of people and around their ability to 鈥渟witch off鈥 work requirements altogether. However, many affected by cancer should have their sickness status confirmed much earlier and so be far less exposed to this work coach lottery. 听

6.3听 How does the Wok Capability Assessment work?

People with cancer may often avoid most of the full assessment, but by no means always. For example, if you are unwell but on a 鈥渨atch and wait鈥 regime for now, or are well into recovery but still unwell . You may face the full WCA听 For now, I offer just a brief description of the process and important exception for many people with cancer. . But I cover the full assessment in more detail in part four of this series

Basically, then, the full Work Capability Assessment comprises听

  • First, a questionnaire will land on your doorstep some four weeks into your claim with lots of big boxes to explain the limitations you experience in 17 鈥渇unctional areas鈥 considered by the assessment听 This is called an ESA50 for ESA and a UC50 for UC. Often the form will be issued straightaway for people with cancer . You get a month to return this along with any other evidence
  • The form 鈥 and any other evidence 鈥 will be looked over by a Health Professional employed by the American multinational that picked up the contract to do ESA assessments after the system collapsed under the previous contract holders, Atos . They may decide that there is enough there to reach a recommendation as to your scores under the assessment.
  • However, in most cases you will be referred to a face to face assessment. These should be at about week 9 tor 10 but can be subject to significant delay at times. That assessment leads to a detailed - but occasionally rather mistaken - report听 back to the DWP.
  • The report goes back to a DWP decision-maker who can query it and/or refer it back and is meant to weigh the report along with all the evidence . as they reach their decision, which they will then communicate to you.听


6.4 听The two groups for ESA / UC (with limited capability).

These are:

  • ESA Work Related Activity听 / UC Limited Capability for Work Group 听- the majority of ESA claimants were intended to come into this听 category. You will have been assessed as having 鈥渓imited capability for work鈥, but also that it is reasonable to require you to participate in some 鈥渨ork related activity鈥. This might mean attending work focussed interviews, getting involved in training or work experience which will help you become more work ready as your health allows. Sanctions can apply if you are deemed not to participate. Only a minority of cancer patients tend to come in this group, perhaps during recovery. We鈥檒l take a closer look in Part 5. Where we will also explore a what 鈥渨ork related activity鈥 means. This group remains despite the abolition of the extra ESA component/ UC element that goes with it听 We explore more as to what this work conditionality might mean
  • ESA Support听 / UC Limited Capability for Work Related Activity (LCWRA) Group. 鈥 However, in practise most people passing the WCA have ended up in the Support Group, with some critics suggesting that too many are being wrongly sent away to be full on jobseekers. Be that as it may, those affected by cancer are very likely to end up in this group, at least at first. See below as to why).听 The difference in this group is that听 you are deemed to also have 鈥渓imited capability for work related activity鈥 as well as 鈥渓imited capability for work鈥澨 This means you are听not听required to get involved in work related activity and need not have any fear of sanctions for not complying with work related activity. 听However, you remain free to dip into the positive offers of support and training that are available as and when you want to and feel ready to start thinking about what might help in preparing for a return to work. The other advantages of being in this听 Group are that you are paid a bit more (enhanced by a further amount within Income-related ESA and UC)听 and you are protected from the 12 month time limit for Contributory听 / 鈥淣ew Style ESA that applies to the other group. For more detail on this see Part 5.听

6.6 How do many people with cancer avoid the full Work Capability Assessment.

Having cancer does not automatically bypass the full WCA but there are two ways this can often happen:

  • Awaiting, receiving or recovering from treatment.听Most commonly 鈥 and regardless of any staging, grading or prognosis for your cancer 鈥 you may be treated as passing the tests while 鈥渁waiting, receiving or recovering from" major cancer treatments such as chemo or radiotherapy.听 You will still receive the ESA 50 or UC50 form, but this should be sent out much earlier. You can ignore most of those big boxes in Section Two, and just focus on the basic pages and those relating to your cancer treatments and the page where your GP or consultant signs a brief statement. Your status听 - usually in the ESA Support/ LCWRA group - is confirmed as soon as this is processed, but the additional amounts attached will not kick in until the end of the normal ESA assessment phase/UC relevant period
  • Advanced , life-limiting听cancers -听 special rules can apply in the case of more advanced and life-limiting cancers. The same DS1500 certificate that your GP or consultant can issue to fastrack a claim for disability benefits also bypasses the WCA for ESA / UC (with limited capability) In practise, it makes sense to apply for the disability benefit first and then refer to it being with them on your ESA claim . Your eligibility is picked up from your claim form or online claim for UC. So, there is no further paperwork beyond the DS1500听 You go straight into the ESA Support /UC LCWRA group听 and receive the additional amounts straightaway.听

Note:听UC and "special rules claims 听People who qualify under this route may have chosen either to have the full information about their medical situation or prefer not to get into that conversation and focus on each day at a time 鈥 there is no 鈥渞ight鈥 or 鈥渨rong鈥 answer to this. Disability benefits and ESA respect this choice and you can let someone else sought out benefits for you. Universal Credit has not thought about this at all and nor does UC take steps to expedite payments. 听You will still be waiting 5 weeks for your first UC payment. It is hoped that UC can learn from ESA and PIP to improve the processes to respect people's choices and to improve their service in difficult times.听听

Next time 听

Well that鈥檚 more than more than enough as this blog has had to grow on rewriting to include Universal Credit听 for UC听 as another limited capability benefit 听

In Part 3 we will look at how ESA and UC (for limited capability ) can help听 during recovery when you are ready to start easing back into work.听

Both benefits are keen to promote keeping in touch with the labour market and offering some additional incentives to dip your toe in the water by doing a few hours work as and when you are ready. Remember then, that the test for these benefits is not about being incapable of doing any work, but rather having 鈥渓imited capability 鈥 ; so, doing some work 鈥 while claiming these is not only possible but definitely encouraged.

If you have any general queries or experiences and feelings to share about ESA or Universal Credit, please post in the forums . For individual听 support and advice please contact a Benefits Advisor in your nearest Maggie鈥檚 Centre . You can find your nearest Maggie鈥檚 Centre here听 听

(Based on an original ESA blog of June 2014, extensively rewritten and revised听 July 2018)听


Useful links and further reading


External links

  • To see what a 鈥渇itness for work鈥 certificate looks like see page 2 of the Guidance for GPs - 听.
  • An 听example of an SSP1 letter giving you notice of when your SSP is due to stop - 听.
  • DWP information on SSP -听
  • DWP How to claim ESA - old and new style -
  • DWP information on New Style ESA -
  • Forms for claiming "New Style" ESA - here
  • DWP How to claim UC -
  • DWP video guide to the UC claim process and what you see when claiming online -

Other blogs in this series

  • Benefits when off sick (1) : Benefits for sickness in general, where they fit in the benefits system and other help . Statutory Sick Pay in particular -
  • Benefits when off sick (3):听 Easing back into work while on benefits for sickness - here
  • Benefits when off sick (4): Facing the full Work Capability Assessment - here
  • Benefits when off sick (5): Work requirements when claiming for sickness & 听鈥渃redits only鈥 claims-here

Other relevant blogs and mini-series you may find useful:

  • Benefits and Cancer 鈥 a useful overview and how sickness benefits fit in to the grand scheme of the benefits system and getting your full entitlement when affected by cancer 鈥 starting听
  • Benefits in Pension Age 鈥 focussing on the different benefits world after 65-ish and additional help for people affected by cancer 鈥 starting听
  • Disability Benefits 鈥 starting with AA, DLA, PIP and Cancer -听
  • Means tested benefits 鈥 a look at the traditional 鈥渓egacy鈥 means tested benefit which remain very important until March 2023 - starting here
  • Universal Credit -听 introducing the new replacement for the 6 main means tested benefits for those of working age. UC aims to do things in a very different way from both the benefits it replaces and any other benefit - starting here

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