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Wednesday, 3 October 2023

Employment and Support Allowance - eligibility

You may be able to get Employment and Support Allowance if you have an illness or disability that affects your ability to work. Find out if you might be eligible for the two kinds available.

Who can get Employment and Support Allowance

You may be able to claim Employment and Support Allowance if any of the following apply to you:

  • your Statutory Sick Pay has ended, or you cannot get it
  • you are self employed or unemployed
  • you have been getting Statutory Maternity Pay (SMP) and have not gone back to work for your employer because you have an illness or disability which affects your ability to work
  • you are under State Pension age

You must also either:

  • have had an illness or disability which affects your ability to work for at least four days in a row (including weekends and public holidays)
  • be unable to work for two or more days out of seven consecutive days
  • be getting special medical treatment

The special contribution conditions (known as the "youth provisions") have now been abolished for new claims. This change affects you if you're aged between 16-20 (or under 25 and in education or training at least three months immediately before turning 20). The youth provisions previously allowed you to receive contribution-based ESA (ESA (C)) without paying National Insurance contributions.

If you currently claim ESA (C) qualifying under those provisions your entitlement is now time-limited to 365 days, if you're not in the Support Group. If you're in the Support Group and had qualified under the youth provisions, you’ll continue to receive this benefit providing you meet the qualifying criteria.

All new claims for ESA (C) will now need to meet the usual contribution conditions. All young people will still be able to claim income-related ESA (IR) if they are entitled to do so.

For more information, contact Jobcentre Plus.

Entitlement conditions

There are two types of Employment and Support Allowance:

  • contribution-based
  • income-related

Contribution-based Employment and Support Allowance

You may be entitled to claim contribution-based Employment and Support Allowance if you have paid enough National Insurance contributions. The length of time you can get contribution-based Employment Support Allowance depends on your circumstances. If you are not in the support group, contribution-based Employment Support Allowance is time limited to 365 days.

Income-based Employment and Support Allowance

You may be entitled to claim income-based Employment and Support Allowance if you do not have enough money coming in, or you have not paid enough National Insurance contributions, and you satisfy the entitlement conditions.

This means that you have savings of less than £16,000 and, if you have a partner or civil partner, they work for less than 24 hours a week on average. There is no limit on the amount of time you can claim income-based Employment and Support Allowance as long as you satisfy the entitlement conditions.

If you have been living or working abroad

Living or working abroad can affect your Employment and Support Allowance claim. You may be able to claim if you have either:

  • paid enough UK National Insurance contributions in the past (and the equivalent in certain other countries)
  • worked abroad for an employer based in the UK and paid National Insurance Contributions for the first 52 weeks of that employment

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