Check if you can claim new style ESA
This advice applies to Wales. See advice for See advice for England, See advice for Northern Ireland, See advice for Scotland
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You might be able to get new style Employment and Support Allowance (ESA) if you have difficulty working because you’re sick or disabled.
This is called having 'limited capability for work'.
Changes to ESA rules from 2028
The government are planning changes to how some types of ESA are paid. These changes will not happen until 2028.
If you're thinking of applying for new style ESA, you should. You’re more likely to get ESA if you apply before the rules change.
To claim new style ESA you must:
be aged 16 or over
be under State Pension age – check your State Pension age on GOV.UK
live in England, Wales or Scotland
You also need to meet National Insurance conditions for 2 tax years.
Check your National Insurance record
You usually need to have met National Insurance conditions for 2 tax years – in 2026 the tax years are 2023-24 and 2024-25.
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.
You might have got National Insurance credits to fill gaps in your payments. For example, if you were getting benefits because you weren’t working or were ill.
You'll meet the National Insurance conditions if you have either:
full years of contributions from employment or self-employment for both tax years
1 full year of contributions from employment or self-employment and the other full year from National Insurance credits
If you don’t think you meet the National Insurance conditions or you can’t check your National Insurance record, you should still apply for ESA. You might meet the National Insurance conditions in other ways. The DWP will check your National Insurance record as part of your application.
Even if you don’t qualify for ESA, you might still get National Insurance credits if you have limited capability for work. These National Insurance credits might help you qualify for ESA in the future. They also count as contributions for your State Pension. Check if you can get National Insurance credits on GOV.UK.
If you paid National Insurance contributions in the EU, Norway, Switzerland, Iceland or Liechtenstein
You might still qualify for ESA, even if you haven’t made enough contributions in the UK. The rules are complicated - talk to an adviser before you apply.
If you're subject to immigration control
You can usually get ESA because it’s based on your National Insurance contributions. It’s not a benefit that comes from public funds, so you can apply even if your visa says ‘no recourse to public funds’.
If you’re not sure, you can check what benefits you can claim based on your immigration status.
If you already have a job
If you’re employed but you can’t work because you’re sick or disabled, you’ll usually get Statutory Sick Pay (SSP) from your employer for 28 weeks. You can’t get SSP and ESA at the same time, but you can start your ESA claim up to 3 months before your SSP ends. It’s worth claiming ESA early so your payments start as soon as possible.
You can only do a limited amount of work while you get ESA – check what work you can do while getting ESA.
You can get ESA if you’re self-employed - the application process is the same.
If you’re a student
You can still apply for ESA. It doesn't matter if you’re studying full-time or part-time, but you must have made the right amount of National Insurance contributions. You can check your National Insurance record on GOV.UK.
If you get other benefits
You can’t usually get ESA at the same time as new-style Jobseeker’s Allowance (JSA).
How to apply for ESA
If you’re eligible for ESA, you’ll usually have to apply online.
If you have a partner and you both want to claim ESA, you should make separate claims.
Find out how to claim new style ESA.
If you’re struggling with living costs
You might be able to get Universal Credit at the same time as ESA. Check if you're likely to get Universal Credit before you apply.
You can also check what other help you can get with the cost of living.
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Take 5 minutes to tell us if you found what you needed on our website. Your feedback will help us give millions of people the information they need.
Page last reviewed on 01 July 2020