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Claiming the old types of ESA

This advice applies to England

Make sure you’re claiming the right type of ESA

Most people can only make a new claim for new style ESA. If you’re not sure, check which types of ESA you can claim.

If you can claim the old types of ESA, you might be able to get:

  • 'income-related' ESA – if you have no income or a low income
  • 'contribution-based' ESA – if you’ve paid enough National Insurance contributions

To apply, you must complete a form and send it to the Department for Work and Pensions (DWP). You can’t apply for ESA online.

You only have to make 1 application for the old types of ESA. When you apply, the DWP will check if you can get 1 or both types.

You’ll need to show that your medical condition makes it difficult to work – this is called 'limited capability for work'. If you haven’t already, ask your GP for proof you’ve got limited capability for work. This is called a 'fit note'. If your GP won’t give you a fit note, get help from your nearest Citizens Advice.

If the DWP accepts your claim for ESA, you’ll usually get your first payment a few weeks after you apply.

If you live with a partner

If you and your partner can both claim contribution-based ESA, you should make separate claims. You can check which types of ESA you can claim.

Only 1 of you can get income-related ESA – the other partner will be included in the claim.

If you and your partner can both claim income-related ESA, you can choose which of you will claim. It’s usually best for the more seriously ill partner to make the claim. They’re more likely to:

  • find it easier to show they have limited capability for work
  • get more money

If you’re getting sick pay from your employer

If you’re employed but you can’t work, you’ll usually get Statutory Sick Pay (SSP) from your employer for 28 weeks – check if you should get SSP.

You can only get ESA when your SSP ends, but you can claim in advance up to 3 months before your SSP ends. You’ll need to ask your employer to fill in form SSP1 – download the form from GOV.UK.

Make your claim

To claim income-related or contribution-based ESA, you or someone at the Jobcentre Plus must complete a claim form called the 'ESA1 form'. You can get the ESA1 form on GOV.UK.

You can:

  • complete the form on the computer, print it and send it to your local Jobcentre Plus
  • print the form, complete it and send it to your local Jobcentre Plus
  • call the Jobcentre Plus and ask them to send a copy of the form to you to fill out
  • call the Jobcentre Plus and ask them to complete the form for you

You can find the address of your local Jobcentre Plus on GOV.UK.

Jobcentre Plus
Telephone: 0800 169 0350
Textphone: 0800 023 4888
Welsh language telephone: 0800 012 1888

Relay UK - if you can't hear or speak on the phone, you can type what you want to say: 18001 then 0800 169 0350

You can use Relay UK with an app or a textphone. There’s no extra charge to use it. Find out how to use Relay UK on the Relay UK website.

Video relay - if you use British Sign Language (BSL).  

You can find out how to use video relay on YouTube.

Monday to Friday, 8am to 6pm

Calls are free from mobiles and landlines.

You can get your ESA more quickly if you call the Jobcentre Plus and ask them to complete the form. The phone call usually lasts between 20 and 30 minutes. You’ll need to know:

  • your National Insurance number
  • your GP’s contact details
  • how much your income is, for example any earnings and benefits
  • how much you’ve got in savings
  • how much your rent or mortgage payments are
  • details of the bank or building society account you want your ESA paid into

Tell them you want to claim ESA from the date you first had limited capability for work.

Sending your documents

You need to send the DWP a number of documents either:

  • with your ESA1 form
  • after you phone the Jobcentre and they complete the ESA1 form for you

You’ll need to send your documents to your local Jobcentre Plus – find the address of your local Jobcentre Plus on GOV.UK. Ask the Post Office for free proof of postage - you might need to show when you sent it.

You’ll need to send:

  • a fit note from your GP – this shows you have limited capability for work
  • proof of your identity, for example your passport
  • proof of your address, for example a bank statement
  • proof of any pension or health insurance payments you get
  • anything the ESA1 form or the Jobcentre Plus says you need to send

Write your mobile phone number in the top right corner of your fit note. The DWP will send you a text message when they get it.

If you’re getting Statutory Sick Pay (SSP), you’ll need to ask your employer to complete the SSP1 form. You can get the SSP1 form on GOV.UK. Send the SSP1 form to the DWP with your other documents.

If you’re terminally ill, ask your doctor to complete a DS1500 Report. Send the DS1500 report to the DWP with your other documents.

Sending your documents on time

You can send your documents to the DWP up to a month after they get your ESA1 form.

If you don’t send your documents in time, the DWP will refuse your application. You’ll usually have to book a new meeting and start again.

Tell the DWP if there was a good reason you didn’t send your documents in time, for example if you were too ill to send your documents. The DWP might give you more time to send your documents.

If the DWP doesn’t give you more time, you should make a new claim as soon as possible. If there was a good reason you didn’t send your documents, you can also challenge the DWP’s decision.

After you claim ESA

The DWP will tell you if your claim was successful.

If the DWP refuse your claim

The DWP should tell you why your claim was unsuccessful. If you think the decision is wrong, you can challenge the decision.

If your claim is successful

The DWP will usually start paying you ESA straight away. You can check how much ESA you’ll get.

The DWP will usually pay up to 3 months ESA to cover time when you had limited capability for work before you applied. This is called 'backdating'.

You can’t usually get ESA to cover the first 7 days you had limited capability for work. These are called 'waiting days'.

Coronavirus - waiting days

You'll be paid straight away without waiting days if you:

  • have coronavirus
  • are following guidance to stay home
  • are caring for a child who has coronavirus or who is following guidance to stay at home

Check the end date on your fit note. Before the end date, get a new fit note from your GP and send it to your local Jobcentre Plus. You can find the address of your local Jobcentre Plus on GOV.UK.

At some point in the next few months the DWP will send you a form called the 'capability for work questionnaire' or 'ESA50'. You’ll need to complete this to keep getting ESA – check how to complete the ESA50 form.

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