Employment and Support Allowance (ESA)

Employment and Support Allowance is a benefit for people whose disability or health condition affects their ability to work. For many people this has now been replaced by Universal Credit, but new claims can still be made for new style ESA and more than a million people are still receiving it.

Whether or not you are entitled to ESA is based on how your illness or impairment affects you, and what very specific things you are unable to do.  It is decided using a points system and considering if there is 'substantial risk' to the claimant if they were found capable of work, or capable of work-related activity. 

Lots of people find they don’t get the right decision when they apply for ESA. We have help for you if you need to understand more about employment and support allowance eligibility and how to ask for an ESA mandatory reconsideration or appeal successfully.  

All unfair decisions should be challenged. 

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I want to apply for ESA

Information
Employment and Support Allowance eligibility
Understand how the work capability assessment works and what you will need to show so that you get the right amount of benefit if you have a health condition or disability.

I disagree with a decision about ESA

Tool
Ask for a mandatory reconsideration of a work capability assessment decision
Our self-help tool makes it easier to challenge an unfair decision about your LCW or LCWRA effectively.
Information
Challenging the decision about your ability to work - what you need to know
Everything you need to know about mandatory reconsiderations of the low capability for work or work-related activity element of Universal Credit and how long it will take.
Information
FAQs on work capability assessment decisions
Get guidance on what you should do - whether you got 0 points, were told you were well enough to work, or were put in the wrong group.

I want to appeal an ESA decision

(I have a mandatory reconsideration decision)

Information
Appeal an ESA decision
What you need to do to ask for an appeal and increase your chances of having the decision changed before the hearing
Information
Prepare for the appeal hearing
Help to get good evidence that shows why you are entitled to a higher award
Information
ESA appeal process
What to expect and when if you are challenging a work capability assessment decision

I am going to an ESA appeal hearing

Information
Work capability assessment tribunal hearings
Everything you need to know about what will happen at the hearing, what to do on the day, and when you will get the decision.
Tool
Write a tribunal submission for your ESA appeal
Make your appeal hearing less stressful by writing a submission that sets out your case and why you have low capability for work, so you don't have to remember what to say on the day. It’s like having your own benefits adviser.
Information
Friend or family?
What you can do to help at an ESA appeal hearing

I want to learn about the work capability assessment

Information
Employment and Support Allowance eligibility
Understand how the work capability assessment works and what you will need to show so that you get the right amount of benefit if you have a health condition or disability.

I want to find an adviser

Information
How to find an adviser to help with your benefits
It is now much harder to find advice and help with your benefits than it used to be. But here we explain where to start.

Appeal a work capability assessment decision - printed guide

Receive a high-quality printed guide that includes all of our advice on how to successfully challenge and appeal a  work capability assessment decision straight to your door. Printed and dispatched within 2 working days and posted 2nd class. 

Benefits self-help tool

These digital tools make it easier to say why you are entitled so you get the decision changed

ESA or Universal Credit
Work capability assessment mandatory reconsideration tool

Our self-help tool makes it easier to challenge an unfair decision about your ability to work. Don't put it off. 
ESA or Universal Credit
Tribunal submission tool for work capability assessment appeals

If you have an appeal hearing coming up about your ability to work, use our digital self-help tool to set out your case for the tribunal.

Can't find what you are looking for?

Getting free one-to-one advice about benefits is hard. All advice services are extremely busy. We are here  to help everyone who cannot get in at an advice service and cannot afford to pay for legal help.

We give you the knowledge, confidence, and skills you need to deal with the issue yourself, or with the help of friends or family.  If you need more help than you can get from our advice guides and self-help tools, we explain how to try to find advice.

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Acknowledgements

Advicenow is grateful to the Ministry of Justice for funding thecreation and updating of this guide under the Online Support and Advice Grant.

Advicenow would like to thank everyone who provided advice and feedback on the information on this page.

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