Can he claim Employment & Support Allowance?
There are different types of Employment & Support Allowance. What was known as income-related Employment & Support Allowance is now part of Universal Credit and is claimable based on a means testing of household income and savings available. There is also a non means tested version of Employment & Support Allowance which is related to National Insurance contributions called ‘New Style Employment & Support Allowance’. This is not part of Universal Credit and cannot be paid at the same time as Statutory Sick Pay.
Let’s say that Bob is still off work sick after his Statutory Sick Pay ends (28 weeks).
Citizens Advice recommends that the application for New Style Employment & Support Allowance should be submitted around 3 months before the end of Statutory Sick Pay to help try and avoid any delays. The application to claim New Style Employment & Support Allowance and Universal Credit can be completed online or over the phone.
Assessment phase – Work Capability Assessment
Once Bob’s application has been received, he will enter the assessment phase in his application for New Style Employment & Support Allowance. The assessment phase should be 13 weeks but can take longer. The assessment phase is the time in which he will be medically assessed to see whether he will qualify for New Style Employment & Support Allowance. The assessment is called the ‘Work Capability Assessment’.
The Work Capability Assessment can be in person, by video call or on the phone, there will also be a ‘Capability for Work’ (ESA50) health questionnaire. For employed people, the assessment phase should take place between week 28 (when Statutory Sick Pay ends) and week 41. During the assessment phase, Bob will receive a benefit of £92.05 a week. If Bob had been under the age of 25, he would have received £71.70 a week.
Outcomes to the Work Capability Assessment
There are effectively 3 outcomes for claimants of New Style Employment and Support Allowance.
- Work Related Activity Group
- Support Group
- Fit for Work
Let’s say the DWP has decided that Bob cannot work but could do ‘work-related activity’, they could put him in the work-related activity group of Employment and Support Allowance. Or he could qualify for the ‘limited capability for work’ element of Universal Credit.
Bob could receive a benefit of up to £92.05 a week in the ‘Work Related Activity Group’. This is called the ‘main phase basic allowance’ which is the same monetary amount of benefit he would have been receiving during the assessment phase (based on the tax year 2025/26). If Bob was put in the Support Group, he could claim the ‘main phase basic allowance’ (£92.05) plus the ‘support component’ (£48.50). This could mean a weekly benefit payment of £140.55.
However, claimants who qualify for the support group are typically people who are so severely ill or disabled and it is unreasonable to require them to engage in work-related activity as a condition for receiving New Style Employment and Support Allowance. The other outcome that Bob could receive following his Work Capability Assessment is that he is classed as ‘Fit for Work’ and will not receive any benefit for New Style Employment and Support Allowance.
Reconsiderations and appeals
If Bob is unhappy with the outcome, he has the right to ask for a mandatory reconsideration in the first instance. Bob must apply for a mandatory reconsideration within one month of the date on his decision letter. The mandatory reconsideration is a process in which the DWP will review the application for New Style Employment and Support Allowance again.
Once the reconsideration outcome is received, Bob could still be unhappy. He could still be classed as ‘fit for work’ regardless of how long he has been off work so far and what his own GP might have told him. At this point he could lodge an appeal. The appeal would take place in front of an independent tribunal.
The DWP periodically publishes Employment and Support Allowance: outcomes of Work Capability Assessments. The latest report suggests that in January 2025, approximately 60% of mandatory reconsideration decisions led to a change in award.