RNIB – supporting people with sight loss
Factsheet
Employment and Support Allowance
Introduction
If you have sight loss, or provide care for someone who does,
there are a number of welfare benefits you may be entitled to.
Some of these benefits can help provide you with an income if you
are not able to work, while others can help towards the extra costs
that often make life more expensive if you have a disability.
We have produced a number of factsheets to help you learn more
about the benefits that you are most likely to be entitled to if your
life is affected by sight loss.
This factsheet is about Employment and Support Allowance (ESA),
a benefit for people of working-age who are not working and have
a limited-capability for work because of a sight problem. It is
made up of two elements, one means-tested and another non
means-tested.
In this factsheet we will explain:
 Who can apply for ESA
 How much you can expect to receive
 How to claim ESA, and what steps are involved in making an
application
 What to do if you are not happy with the outcome of your claim
Before explaining ESA, we will also provide some information on
Statutory Sick Pay (SSP), a payment you might be able to claim if
you are employed and off sick from work.
Statutory Sick Pay
If you are employed but unable to work because of sickness, you
might have sick pay arrangements as part of your contract of
employment. For example, you may be entitled to full pay or half
RNIB charity numbers 226227, SC039 316 and 1109
pay for a specified period. Check with your employer or trade union
for more details.
Even if you do not have any contractual sick pay arrangements,
you would normally be entitled to Statutory Sick Pay (SSP) as
long as you earn at least £112 a week. In most cases it is a legal
requirement that an employer pays SSP. It is paid at a flat rate of
£88.45 a week, regardless of your normal wages, for a maximum
of 28 weeks.
If your SSP is not enough for you to live on you may be able to
claim some ESA (income-related ESA) to top it up.
Some people are not entitled to SSP, including self-employed and
unemployed people. If you are not sure whether you are entitled to
SSP, or if your employer is refusing to pay it, call our Helpline on
0303 123 9999 for advice.
If you are not entitled to SSP, you may be able to claim ESA.
Employment and Support Allowance
Employment and Support Allowance (ESA) is a single benefit with
two elements: contributory ESA and income-related ESA. You
may qualify for one or both elements.
To receive ESA you must:
 have limited capability for work
 not work (although some work is allowed – see “Permitted work”
below)
 not be entitled to SSP, Income Support or Jobseeker’s
Allowance (JSA)
 be aged 16 or over and under pensionable age.
If you are claiming income-related ESA, then you must also be
habitually resident in the UK. This is decided by looking at a
number of factors including reasons for coming to the UK, the
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length of your stay, future intentions, and previous links with the
country.
These rules are complicated and there are some exceptions, for
instance if you are living in a European Economic Area (EEA)
country, so contact our Helpline if you think you may have difficulty
passing these tests.
Your pensionable age is the age at which you can claim the State
Retirement Pension. To find out the exact age at which you can do
this, call the Pension Service on 0345 606 0265 or search for the
State Pension age calculator on www.gov.uk.
What if I already receive Incapacity Benefit, Severe
Disablement Allowance or Income Support?
In 2008, ESA replaced these benefits as the benefit for people who
are unable to work because of sickness or disability.
If you are still receiving Incapacity Benefit or Income Support paid
on the grounds of incapacity, you may continue to get those
benefits, rather than ESA, for the time being.
However, at some point in the future, you will be reassessed under
the work capability assessment. If you are found to have a limited
capability for work in this assessment, you will be moved (or
migrated) onto ESA. If you are not found to have a limited
capability for work, you will need to consider claiming Jobseeker’s
Allowance (JSA) instead or challenge the decision.
Transitional protection if you were on Incapacity Benefit,
Income Support or Severe Disablement Allowance
You will not lose out if the amount of ESA you are entitled to when
you are reassessed is less than your existing benefit; the DWP will
pay you an extra amount (called a transitional amount) to top up
your ESA to the level of your old benefit. However, the DWP will
reduce this extra amount each year as ESA rates are increased. In
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other words, the rate of benefit you receive will stay the same until
your ESA entitlement catches up with your old benefit.
The two phases of ESA
When you first claim ESA, there is a 13-week assessment phase
during which the DWP assesses your capability for work. Before
the end of this phase, you will normally have to attend a medical
examination and take part in a work-focused interview with a work
coach.
After the assessment phase you will go on to “main phase” ESA,
and the DWP will place you in either the work-related activity
group or the support group (more on what this means later).
 If the DWP place you in the support group you will receive a
higher rate of benefit than people in the work-related group. If
you are terminally ill the DWP will normally place you in the
support group straight away – you will not need to wait 13
weeks.
 If the DWP place you in the work-related group you will be
required to take part in a number of work-focused interviews
with a work coach. If you do not take part then the DWP may
reduce your benefit.
Contributory ESA
To get contributory ESA you must have paid sufficient National
Insurance contributions. You claim contributory ESA as an
individual and there are no extra amounts if you have a partner or
dependent children. You can claim contributory ESA even if you
live with a partner who is working or who has other income or
savings. Contributory ESA is taxable.
National Insurance contribution conditions
You must normally fulfil two national insurance contribution
conditions:
1. you must have paid sufficient contributions in any one of the
three complete tax years before the year in which you claim
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2.
(so if you make a claim from April 2016 the DWP will consider
your contributions in 2013-14, 2014-15 and 2015-16)
and you must have paid or been credited with contributions in
each of the last two complete tax years (so if you make a
claim from April 2016 the DWP will consider your contributions
or credits in 2014-15 and 2015-16).
If you were entitled to Carer’s Allowance for at least one week in
the most recent complete tax year you will pass the first
contribution condition, as long as you have paid enough
contributions in any complete tax year (it is not restricted to the
three tax years before your claim).
Amount of contributory ESA
 You will receive £73.10 a week during the assessment phase.
 During the main phase you will receive an extra £29.05 a week
if you are in the work related group or an extra £36.20 if you are
in the support group.
365-day time limit for contributory ESA for people in the workrelated group
If you are in the work-related group, the maximum amount of time
that you can receive contributory ESA for is limited to 365 days.
Your 13-week assessment phase will count towards the 365-day
period.
This time limit does not apply if the DWP places you in the support
group.
Income-related ESA
You may claim income-related ESA on its own if you are not
entitled to contributory ESA, or you may be entitled to it as a top-up
to your contributory ESA. If you are living with a partner, the DWP
will take their circumstances into account when assessing your
income-related ESA.
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Income-related ESA is a means-tested benefit and to receive it you
must:
 be habitually resident and have a “right to reside” in the UK
(seek further advice before claiming if you are from a country
within the European Economic Area)
 have no more than £16,000 in capital (savings for example). If
you live with a partner, the DWP will assess your capital
together. They ignore the first £6,000 of capital. Capital
between £6,000 and £16,000 will affect the amount of benefit
you receive
 normally not work 16 or more hours a week. If you are living
with a partner, your partner must not work 24 or more hours a
week
 have a low income. If you have a partner, the DWP take your
partner’s income into account.
How low does my income have to be to qualify?
Your income must be lower than your “applicable amount” – the
amount that the Government thinks someone in your
circumstances needs to live on. The applicable amount is made up
of a basic allowance and extra amounts, called premiums, that you
may qualify for.
The DWP do not count some types of income, such as DLA or
Personal Independence Payment (PIP), but they will take most
other sources of income (other benefits, pension payments) into
account in full and these will reduce the amount of income-related
ESA you are entitled to. If you have earnings from permitted work,
the DWP will ignore the first £20 a week of your earnings. In some
circumstances the DWP will disregard up to £115.50 a week (see
“Permitted work” below).
Amount of income-related ESA
 If you are 25 or over, the basic rate is £73.10 a week for a
single person and £114.85 for a couple during the assessment
phase. After the assessment phase you will also receive an
extra:
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 £29.05 plus any relevant premiums if the DWP place you in
the work-related group
 or £36.20 plus any relevant premiums if the DWP place you
in the support group.
 If you are under 25, you will receive a basic rate of £57.90 a
week during the assessment phase. Once you enter the main
phase you will receive the full rate of ESA.
Income-related ESA premiums and their weekly amounts
Enhanced disability premium
You should receive this if the DWP places you in the support
group, or if you or your partner receive the highest rate of the care
component of DLA, or the enhanced rate of the daily living
component of PIP.
 Single person: £15.75
 Couple: £22.60
Severe disability premium
You should receive this if you, your partner or both of you:
 receive DLA middle or higher rate care component, PIP (any
rate of daily living component) or Attendance Allowance at any
rate
 and have no adult non-dependants living with you (or any nondependant adults living with you are registered blind or receive
DLA middle or highest rate care)
 and no one receives Carers Allowance for looking after you. For
a couple, both can receive this premium if only one partner has
a carer getting Carers Allowance.
 Single person or a couple where only one person qualifies:
£61.85
 Couple (both qualify): £123.70
Carer premium
You should receive this if either you, your partner or both of you
get, or have underlying entitlement to, Carer’s Allowance. It is
worth £34.60 for each partner that qualifies.
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Income-related ESA, housing costs and Housing Benefit
If you have a mortgage, the DWP may include an extra amount in
your applicable amount towards the interest on your mortgage or
loan. However there is usually a waiting time of 39 weeks before
they can start to pay the interest. You will not usually receive
interest on the amount of any loans over £200,000.
The DWP may also include other charges that are payable as a
condition of your occupancy, such as service charges and ground
rent, in your housing costs.
We recommend that you contact your mortgage lender as soon as
possible to tell them you are on ESA and to agree suitable
repayments.
If you rent from your local authority, you will need to let them know
that you want to claim Housing Benefit with help towards your rent.
If you (and your partner if you have one) have no more than
£16,000 savings or capital, and your income is fairly low, you may
be able to get help with your rent or council tax or both.
How to claim ESA
You will normally have to start a claim over the phone. Call
Jobcentre Plus on 0800 055 6688.
Jobcentre Plus can backdate your claim for up to three months, as
long as you would have qualified from that date. You will normally
have to supply a backdated medical certificate to support a
backdated claim.
The medical test for ESA: the Work Capability
Assessment
During your assessment phase, you will have a medical test called
the Work Capability Assessment (WCA). It is in two parts.
1. The limited capability for work assessment.
2. The limited capability for work-related activity assessment.
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The first stage of the assessment will be when the DWP send you
a form called an ESA50 to fill in. This form asks for information
about your disabilities and the difficulties you have carrying out a
number of activities.
You have four weeks to complete and return the ESA50. If the
DWP do not receive your completed form within four weeks they
will send you another copy of the form and ask you to return it
within two weeks. If they still have not received a completed
ESA50 after this time, the DWP can decide that you do not have
limited capability for work and will stop your ESA. You can appeal
against this decision, but you will need to show “good cause” why
you were unable to return the form in time.
When the DWP Medical Services receive your ESA50 they will
decide whether you need to attend a face-to-face medical
examination. A health care professional at a Medical Services
examination centre will carry out the examination. This could be a
doctor, a nurse or another suitably qualified person. The DWP will
probably ask you to attend a medical examination even if, for
example, you have no sight at all and are likely to pass the limited
capability for work test. This is because they will still have to carry
out other aspects of the WCA such as the work-related activity
assessment.
It would be a good idea to take a copy of your registration
document with you to this medical examination. In England and
Wales this is called a CVI or BD8, in Scotland a BP1, and an A655
in Northern Ireland.
1. The Limited Capability for Work Assessment
The Limited Capability for Work Assessment (LCW) is the test that
determines whether you are entitled to ESA. If you do not pass this
test you will not receive any further ESA (unless you make an
appeal). You will have to claim another benefit such as
Jobseeker’s Allowance instead.
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The LCW looks at specified activities, for both physical and mental
health, such as communication, navigation and mobilising. For
each activity, there are a series of statements called “descriptors”
describing the difficulties that you may have in that activity. You
score points for each descriptor that applies to you and points
scored in each activity are added together. You need to score 15
points to pass the test and receive ESA, and you may be able to
score 15 points from just one activity.
Activities in the Limited Capability for Work Assessment
The two activities that are most likely to apply to you if you have a
sight problem are “understanding communication” and “navigation
and maintaining safety”. If you also have other disabilities –
physical, mental, cognitive or intellectual disabilities – you may
also score points for other activities. Please call us on 0303 123
9999 for more information on these.
Below we outline the descriptors for the “understanding
communication” and “navigation and maintaining safety” activities.
For each descriptor we give the points you would score if it applies
to you and whether or not that descriptor alone would mean you
pass the LCW assessment. Remember that you can score points
from more than one activity.
The “understanding communication” activity
Understanding communication descriptor
Points
Cannot understand a simple message due to
15
sensory impairment, such as the location of a
fire escape
Has significant difficulty understanding a simple 15
message from a stranger due to sensory
impairment
Has some difficulty understanding a simple
6
message from a stranger due to sensory
impairment
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Pass
on
own?
Yes
Yes
No
If you have difficulty in understanding a message written in 16point text, you should score points for this. It is a test of your ability
to read a “simple message”, not sustained reading over a long
period. If you can successfully read 16-point text with a hand-held
magnifier you may score fewer points, but you should explain why
it might not be “reasonable” to use a magnifier in certain
circumstances. You should also explain any difficulties you have
due to poor contrast, distortion or flashes of light.
Please contact our Helpline for a copy of our “Employment and
Support Allowance Activity 7” toolkit if you are unable to read:
 16-point print (even with any aid that could be reasonably used,
such as glasses)
 and braille
In this situation, the DWP should place you in the support group,
but sometimes this doesn’t happen. Our toolkit has information and
a template letter for you to send to the DWP to help the DWP
decision maker correctly assess your claim.
The “navigation and maintaining safety” activity
The full description for this is “Navigation and maintaining safety,
using a guide dog or other aid if either or both are normally or
could reasonably be used, unaided by another person”.
Navigation descriptor
Points
Unable to navigate around familiar
15
surroundings, without being accompanied by
another person, due to sensory impairment
Cannot safely complete a potentially hazardous 15
task such as crossing the road, without being
accompanied by another person, due to
sensory impairment
Unable to navigate around unfamiliar
9
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Pass
on
own?
Yes
Yes
No
surroundings, without being accompanied by
another person, due to sensory impairment
On the ESA50 form and at a medical examination, you should
explain to the assessor the sort of practical problems you would
have travelling independently and crossing the road in an
unfamiliar area, such as finding a crossing and checking that it has
audio or other indication of when to cross.
2. The Limited Capability for Work-related Activity
Assessment
The DWP will assess you to determine whether they place you in
either the support group or the work-related activity group. This
assessment is called the Limited Capability for Work-related
Activity Assessment.
The rules do not require people with the most severe disabilities to
carry out work-related activities and the DWP will place you in the
support group if any of the descriptors from this assessment apply
to you.
 If you have combined sight loss and severe hearing loss, the
DWP may place you in the support group.
 If sight loss is your only disability and you cannot read 16-point
print (using any reasonable aid) or braille, the DWP should
place you in the support group.
If you are a braille user, please call the Helpline for help with your
claim.
Work-focused interviews for the work-related activity group
If you are placed in the work-related group of ESA you will have to
attend work-focused interviews with a Pathways to Work adviser.
The interviews are intended to explore your options for returning to
work and the barriers that you might face in employment. You will
be required to discuss and devise an action plan of activities with
your personal adviser. There should be six initially spread over a
six-month period.
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If the DWP consider that you have failed to take part in interviews
with your personal adviser you can be sanctioned and the DWP
will reduce your benefit.
If your claim is turned down, do not give up
Sometimes the DWP makes the wrong decision, even if you have
filled out your claim pack well. You can ask the DWP to look at
their decision again if you are unhappy with it and wish to dispute
it. This is called a “mandatory reconsideration” and must be
requested. You need to do this within one month of the DWP’s
initial decision. If you can, you should send the DWP any additional
evidence you have, like a supporting letter from a medical
professional or a support worker you are in regular contact with, to
help your case.
If, after the DWP have reconsidered their decision, you are still
unhappy with the outcome and wish to dispute it, you can then
lodge an appeal with HM Courts and Tribunals Service. For further
information on the appeals process, please see our “Benefits
appeals” factsheet.
You can dispute a decision on your ESA claim when you are:
 refused ESA because you did not pass the medical test.
 placed in the work-related activity group and feel that you
should be in the support group instead.
 not awarded ESA because you have not responded to a letter
from Jobcentre Plus, or you have not attended a medical
examination as requested.
Please note, the DWP will not pay your ESA during the
reconsideration process or while you are waiting for the appeal.
You may be able to claim Jobseeker’s Allowance instead.
Permitted work
Normally if you do any work you would not be entitled to ESA;
however, you are allowed to do some work when claiming ESA.
Always inform the Jobcentre Plus office that pays your benefit if
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you intend to do permitted or voluntary work as it could affect your
benefits.
Permitted work lower limit
You can work for any number of hours, without any limit to the
period for which you can do this work, as long as your earnings in
any week are no more than £20.
Permitted work higher limit
You can work for less than 16 hours a week as long as you earn
no more than £115.50 a week. You can do this work for a
maximum of 52 weeks. However if you are in the support group
there is no 52-week time limit and you can do permitted work
indefinitely.
Supported permitted work
This is work that is supervised by a person employed by a public or
local authority or voluntary organisation that provides or finds work
for people with disabilities – including work in a sheltered
workshop. You can work as many hours a week as you like for as
long as you like but cannot earn more than £115.50 a week.
Voluntary work
You can volunteer for any number of hours a week. You can
receive payment for reasonable expenses you actually incur
without it affecting any income-based benefits you claim.
Reclaiming ESA
New reclaim rules
Since 30 March 2015, the rule which allows you to reclaim ESA at
the assessment phase rate six months after a refusal has been
abolished for most claimants.
There are however some important exceptions. For example, if
your condition has got worse or you have developed a new
condition, then you may be able to get the assessment rate again.
Please seek advice if you believe this applies to you.
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Am I better off claiming Jobseeker’s Allowance
instead?
If you are registered blind or receive any rate of PIP or DLA and
would be eligible for income-related ESA, you may want to
consider claiming income-based Jobseeker’s Allowance (JSA)
instead.
Comparison of ESA and JSA
 If you are a single person in the work-related group your ESA
would be £102.15 a week in the main phase (after 13 weeks).
JSA with the disability premium would be £105.35 a week from
the start of your claim.
 If you are in the work-related group and you have a partner,
your income-related ESA would be £143.90 a week after 13
weeks. If you claimed JSA with the disability premium you
would receive £160.80 a week from the start of your claim.
 Contributory JSA lasts for only six months; income-related ESA
(and income-based JSA) can last indefinitely.
 If you have a mortgage, JSA only helps with the interest for a
maximum period of two years. If you claim ESA there is no time
limit on payments of mortgage interest.
 To claim ESA you have to pass the medical tests described
above. If the DWP place you in the work-related group you will
have to attend work focussed interviews and agree an action
plan.
 To claim JSA you have to sign on every two weeks and be
accepted as “available for and actively seeking employment”.
You must draw up a jobseekers’ agreement with a personal
adviser at the start of your claim. This lists the type of work you
are going to look for, the hours you could do and the actions
you will be expected to take to look for work and improve your
job prospects. You can restrict your availability for work to what
would be reasonable given your disability.
Other things to consider
 If you live with a partner who is still currently receiving
Incapacity Benefit or Severe Disablement Allowance, or is a
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carer, you may be better off if your partner claims Income
Support rather than you claiming ESA.
 If you or your partner have reached Pension Credit qualifying
age you may be better off claiming Pension Credit (an incomebased benefit) as an alternative to ESA.
If you would like to talk through your options with one of our
advisers, please call 0303 123 9999.
How we can help
If you would like any more information about ESA you can speak to
our Advice team by calling our Helpline on 0303 123 9999 or
emailing [email protected]. Our advisors can also carry out a
full benefit check with you, and give you advice about applying for
other benefits you may be missing out on.
Our Legal Rights Service is available to offer you help with more
complex benefit cases. If would like to challenge a benefit decision,
or think you should be awarded more than you have been, we can
help you with the appeals process.
As well as putting you in touch with our specialist advice services,
our Helpline is your direct line to all the other support, advice and
products available from RNIB.
If you contact our Helpline, we can:
 give you information about your eye condition and available
treatments
 provide emotional support from qualified counsellors
 let you know about the people, services and organisations
available to help people with sight loss in your local area
 help you join and use our library service of over 40,000 titles in
braille, Moon, giant print and audio.
We’re ready to answer your call Monday to Friday 8.45am to
5.30pm. You can also email us at [email protected].
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The factsheet gives general guidance only and is not an
authoritative statement of the law.
RNIB Legal Rights Service
April 2016
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