Check if you can get ESA

Check if you’ve been getting a severe disability premium

You might get an SDP with:

• income-based Jobseeker’s Allowance

• income-related Employment and Support Allowance

• Income Support

• Housing Benefit

Check your benefit award letter to see if you’re getting an SDP – it usually says you’re getting it “because you are severely disabled”.

You can’t claim new style ESA if you’re getting a benefit with an SDP. 

You also can’t claim new style ESA if you stopped getting a benefit with an SDP in the last month and you can still get an SDP. Check if you can get an SDP on GOV.UK.

Contact your nearest Citizens Advice if you’re getting a disability benefit from a country in the EU, Norway, Switzerland, Iceland or Liechtenstein.

Check if you can claim income-related ESA

To get income-related ESA:

• you must have no income or a low income

• you must have less than £16,000 in savings

• you must not be 'subject to immigration control' – check if you’re subject to immigration control
• if you live with a partner, they must work less than 24 hours each week

If you live with a partner, the DWP will add your income and savings together.

If you’re in full time education, you can only get income-related ESA if you also get Disability Living Allowance (DLA), Personal Independence Payment (PIP) or Armed Forces Independence Payment (AFIP).

If you're returning to the UK from abroad

You’ll need evidence that the UK, Ireland, Channel Islands or Isle of Man is now your main home and you plan to stay. This is called being 'habitually resident' – check how to prove you’re habitually resident.

If you’re from the EU, Norway, Switzerland, Iceland or Liechtenstein

To apply for income-related ESA you need to show:

• you have a right to claim benefits in the UK - this is called a 'right to reside' and depends on things like your work, family and personal situation

• the UK, Ireland, Channel Islands or Isle of Man is your main home and you plan to stay – this is known as being 'habitually resident'

If you’ve lived in the UK for 5 years or more

You should apply for 'settled status'. If you have settled status, you automatically have a right to reside.

Check how to apply for settled status under the EU Settlement Scheme.

Your ESA might stop if you don’t have settled status by 31 December 2020.

If you think you’ll need extra support to apply, you can contact Citizens Advice Scotland’s free EU Citizens Support Service. Find out how to contact the service.

If you’ve lived in the UK for less than 5 years

You should apply for 'pre-settled status' - if you have it, you might be able to get ESA. You’ll still need to show:

• you have a right to reside – check if you have a right to reside

• you’re habitually resident – check if you’re habitually resident

Check how to apply for pre-settled status under the EU Settlement Scheme.

If you think you’ll need extra support to apply, you can contact Citizens Advice Scotland’s free EU Citizens Support Service. Find out how to contact the service.

Find out more about staying in the UK after Brexit.

Check if you can claim contribution-based ESA

You must have met National Insurance conditions for 2 tax years – in 2020 the tax years are 2017-18 and 2018-19.

You can check your National Insurance record on GOV.UK. It will say if you have a 'full year' of contributions, and if this comes from employment, self-employment or National Insurance credits.

Get help from your nearest Citizens Advice if you can’t check your National Insurance record.

To meet the National Insurance conditions, you’ll need to have a full year of contributions for both tax years. You must have either:

• both full years from employment or self-employment

• 1 full year from employment or self-employment and the other full year from National Insurance credits

Get help from your nearest Citizens Advice if have both full years from National Insurance credits.

If you and your partner can both claim contribution-based ESA, you should make separate claims.