2. Who is eligible
To qualify for new-style employment and support allowance (ESA), you must meet all the following conditions.1
You have limited capability for work (LCW – see here).
- You are 16 or over and under pension age.
- You have paid sufficient national insurance (NI) contributions. You must have paid class 1 contributions on earnings of at least the lower earnings limit in 26 weeks, which need not be consecutive, usually in one of the two complete tax years (6 April to 5 April) before the start of the benefit year (which runs from the first Sunday in January) in which you claim. You also must have paid or been credited with class 1 contributions on earnings of 50 times the lower earnings limit in these years. For example, you qualify if you claim ESA in 2026 and you paid contributions on earnings of £6,150 in each of the tax years April 2023 to April 2024 and April 2024 to April 2025, earning in one of the years £123 a week or more, for at least 26 weeks. See CPAG’s Welfare Benefits Handbook for details.
- You are in Great Britain (although some absences are allowed, and new-style ESA can be paid in other countries in limited circumstances – see CPAG’s Welfare Benefits Handbook for more details).
- You are not entitled to statutory sick pay or new-style jobseeker’s allowance.
- You are not working, although some ‘permitted work’ is allowed. See CPAG’s Welfare Benefits Handbook for more details.
New-style ESA is not means tested. To qualify, you must meet the conditions above. You can also claim it in order to get NI credits for LCW.
There are no special rules for students, so you can claim new-style ESA whether you study full time or part time, including if you are taking time out from your course because of ill health (see here).
References
- 1
s1 WRA 2007; reg 37 ESA Regs
Limited capability for work
One of the basic rules of entitlement to new-style ESA is that you must be assessed as having LCW. This means that your mental or physical health condition makes it unreasonable to require you to work. You are normally assessed at a medical, known as the ‘work capability assessment’. This also assesses whether you have limited capability for work-related activity (LCWRA). If you are assessed as having both LCW and LCWRA, you are in the ‘support group’ and your new-style ESA includes an amount called a ‘support component’.
If you are assessed as only having LCW you are in the ‘work-related activity group’. You are expected to attend work-focused interviews and may be required to undertake work-related activity. If you do not do so, your benefit may be reduced. If your claim began before 3 April 2017, your ESA includes a ‘work-related activity component’. If it began on or after this date, it does not.
If you are assessed as not having LCW, you are not entitled to ESA. However, you can challenge this decision if you disagree with it (see here).
All students, unless they are in the support group, must take part in work-focused interviews and may have to undertake work-related activity as a condition of getting full benefit.1
Starting to study may prompt the DWP to call you for a reassessment, although this should not happen routinely. At the next assessment, your ability to perform the set activities is considered in the context of what you can do in a typical day, including your college or university routines. For example, you may be asked questions about your ability to get around campus, your ability to get to and from lectures, how long you can sit comfortably to study, or your ability to use a pen or a keyboard and mouse.
The questions you are asked depend on which of the set activities (such as standing and sitting, manual dexterity and understanding communication) are relevant to your condition.
See CPAG’s Welfare Benefits Handbook for advice on medical examinations and what to do if you do not pass the assessment.
Example
Rachel (29) is getting new-style ESA that includes a support component. She starts a full-time course of study in August 2026. She continues to be eligible for new-style ESA, but she is called for a medical reassessment. Her condition is still the same; she remains in the support group and her new-style ESA continues.
References
- 1
Regs 54 and 63(1) ESA Regs