Whether or not you are entitled to ESA, and whether you are put in the ESA support group, is based on how your illness or impairment affects you, and what very specific things you are unable to do.  It is decided using a points system and considering if there is 'substantial risk' to the claimant if they were found capable of work, or capable of work-related activity. Below we explain what you need to know about both.

If you are entitled to Employment and Support Allowance you are put into one of two groups - the work-related activing group or the support group.  Which one you are put in is decided by how many points you get or whether you would be at 'substantial risk' of harm if you were not put in that group.

Those in the work-related activity group are expected by the DWP to be capable of work at some point in the future and have to take part in work-related activity (meet regularly with an adviser at the Jobcentre, go to occasional training courses, and do various tasks that the DWP say will make you better able to get a job later). If they don't do the work-related activity they will stop receiving the benefit.

Those put in the support group are not expected to be able to work soon. They get extra money to support their higher needs, and they don’t need to do ‘work-related activity’ to continue receiving the benefit.

It is really important that everyone is put into the right group and that everyone receives the level of benefit and support they are entitled to by law. 

To be entitled to ESA and to be put in the work-related activity group you need to score at least 15 points in total. Or there needs to be a ‘substantial risk’ to you or others if you were found not to have limited capability for work (see box). 

Points are worked out using the activities and descriptors below. For example, if you cannot usually stay standing or sitting (or a combination of the two) at a desk for more than an hour because it makes you too tired or it hurts, you get 6 points.  If you cannot usually go to even a familiar place on your own, you get 9 points, etc. 

You have to fit the difficulties you have with each activity to one of the descriptors - you don't get any points for having a different difficulty.

To be put in the support group  you must get 15 points on any one indicator (except in activities 8, 9b, 10 and 15 - ‘Finding your way and being safe’, ‘Consciousness during waking moments’, and ‘Getting about’). Or meet any of the descriptors in Activity 18 or 19. Or be at substantial risk of harm if you were not in the support group. 

You will also be put in the LCWRA group if:

• you have a life expectancy of less than 12 months, or
• you are waiting for, receiving or recovering from chemotherapy or radiotherapy, or
• you are pregnant and there is a serious risk of damage to your health or the health of the baby if you do not stop work-related activity. 

Physical disabilities

Activity 1: Do you have any difficulty moving around without the help of another person? 

This includes using a walking stick, manual wheelchair, or other aid you could use.

Descriptors:

(a) Cannot move more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot repeatedly move 50 metres within a reasonable timescale because of significant discomfort or exhaustion - 15 Points

(b) Cannot go up or down two steps without the help of another person, even with the support of a handrail - 9 Points

(c) Cannot move more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot do it repeatedly within a reasonable timescale because of significant discomfort or exhaustion - 9 Points

(d) Cannot move more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot do it repeatedly within a reasonable timescale because of significant discomfort or exhaustion - 6 Points

Activity 2: Do you have any difficulty with standing and sitting?

Descriptors:
(a) Cannot move between one seated position and another seated position located next to one another without receiving physical help from another person -15 Points
(b) Cannot, for the majority of the time, remain at a work station, either:
(i) standing without help from another person (even if free to move around); or (ii) sitting (even in an adjustable chair) for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion -9 Points
(c) Cannot, for the majority of the time, remain at a work station, either:
(i) standing unassisted by another person (even if free to move around); or (ii) sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion - 6 points

Activity 3: Do you have any difficulty with reaching?

Descriptors:
(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket - 15 Points
(b) Cannot raise either arm to top of head as if to put on a hat - 9 Points
(c) Cannot raise either arm above head height as if to reach for something - 6 Points

Activity 4: Do you have any difficulty picking up and moving things using your upper body and arms?

Descriptors:
(a) Cannot pick up and move a 0.5 litre carton full of liquid - 15 Points
(b) Cannot pick up and move a one litre carton full of liquid - 9 Points
(c) Cannot transfer a light but bulky object such as an empty cardboard box - 6 Points

Activity 5: Do you have any difficulty with using your hands?

Descriptors:
(a) Cannot press a button or turn the pages of a book with either hand - 15 Points
(b) Cannot pick up a £1 coin with either hand - 15 Points
(c) Cannot use a pen or pencil to make a meaningful mark - 9 Points
(d) Cannot use a suitable keyboard or mouse - 9 Points

Activity 6: Do you have any difficulty making yourself understood through speaking, writing, typing, or other means, without help from someone else?

Descriptors:
(a) Cannot convey a simple message, such as the presence of a hazard - 15 Points
(b) Has significant difficulty conveying a simple message to strangers - 15 Points
(c) Has some difficulty conveying a simple message to strangers - 6 Points

Activity 7: Do you have any difficulty understanding verbal communication (such as hearing or lip reading) or written communication (such as reading large print or braille), without help from someone else?

(If the difficulty you have could be solved by using an aid (for example glasses or a hearing aid, then it does not count. You only have to show that you have difficulty or are unable to understand a spoken or written message, and not both).

Descriptors:
(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape - 15 Points
(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment - 15 Points
(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment - 6 Points

Activity 8: Do you have any difficulty finding your way and being safe, using a guide dog or other aid if normally used?

Descriptors:
(a) Unable to find your way around familiar places, without the help of another person, due to sensory impairment - 15 Points
(b) Cannot safely cross the road (or complete another potentially dangerous task), without the help of another person, due to sensory impairment - 15 Points
(c) Unable to find your way around unfamiliar places, without the help of another person, due to sensory impairment - 9 points

Activity 9: Do you have extensive incontinence (other than bed-wetting) despite using any aids normally used?

Descriptors:
(a) At least once a week experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points
(b) At least once a month experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points (but this does not entitle you to be put in the support group)

(c)At risk of incontinence, bad enough for you to need to wash and change your clothes, if you are not able to reach a toilet quickly - 6 Points

Activity 10: Do you have any difficulty with consciousness while you are awake?

Descriptors:
(a) At least once a week, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 15 Points
(b) At least once a month, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 6 Points

Mental, cognitive and intellectual functions

Activity 11: Do you have any difficulty learning tasks?

Descriptors:
(a) Cannot learn how to complete a simple task, such as setting an alarm clock - 15 Points
(b) Cannot learn anything beyond a simple task, such as setting an alarm clock - 9 Points
(c) Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine - 6 Points

Activity 12: Do you have reduced awareness of everyday dangers (such as boiling water or sharp objects)?

Descriptors:
(a) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need supervision most of the time to stay safe - 15 Points
(b) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need frequent supervision to stay safe - 9 Points
(c) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage to property or possessions, so that they occasionally need supervision to stay safe - 6 Points

Activity 13: Do you have any difficulty with planning, organisation, problem solving, prioritising, or switching tasks without needing help from somebody else?

Descriptors:
(a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
15 Points
(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.
9 Points
(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions.
6 Points

Activity 14: Do you have any difficulty coping with change?

Descriptors:
(a) Cannot cope with any change to the extent that day to day life cannot be managed - 15 Points
(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult - 9 Points
(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult - 6 Points

Activity 15: Do you have any difficulty going to familiar or unfamiliar places without help from another person?

Descriptors:
(a) Cannot get to any specified place with which the claimant is familiar -15 Points
(b) Is unable to go to a familiar place without being accompanied by another person - 9 Points
(c) Is unable to go to an unfamiliar place without being accompanied by another person - 6 Points

Activity 16: Do you have any difficulty with social situations due to cognitive impairment or mental disorder?

(This is about your ability to interact with people in face-to-face social situations. It must be more than shyness or reticence.)

Descriptors:
(a) Engagement in social contact is always impossible due to difficulty relating to others or significant distress experienced by the individual - 15 points
(b) Engagement in social contact with someone unfamiliar is impossible due to difficulty relating to others or significant distress experienced by the individual - 9 Points
(c) Engagement in social contact with someone unfamiliar is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual - 6 Points

Activity 17: Do you have any difficulty controlling your behaviour or behaving appropriately? 

Descriptors:
(a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 15 Points
(b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 15 Points
(c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 9 Points

Activity 18: Do you have any difficulty getting food or drink to your mouth?

This could be caused by a physical difficulty or something like severe anorexia where you cannot manage to put food in your mouth. If any of the below descriptors apply to you, you should automatically be put in the support group.

(a) Cannot get food or drink to own mouth without physical help from someone else
(b) Cannot get food or drink to own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot get food or drink to own mouth without needing somebody with you to regularly prompt or remind you

(d) Fails to get food or drink to own mouth without receiving either physical help from somebody else or needing somebody with you to regularly prompt or remind you, because of a severe disorder of mood or behaviour

Activity 19: Do you have any difficulty chewing or swallowing food or drink?

This could be caused by a physical difficulty or something like severe anorexia where you cannot manage to eat. If any of the below descriptors apply to you, you should automatically be put in the support group.
(a) Cannot chew or swallow food or drink
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort
(c) Cannot chew or swallow food or drink without needing somebody with you to repeatedly and regularly prompt or remind you
(d) Fails to chew or swallow food or drink or fails to do so without needing somebody with you to regularly prompt or remind you, because of a severe disorder of mood or behaviour

Acknowledgements

Advicenow is grateful to the Ministry of Justice for funding the creation of this guide under the Online Support and Advice Grant.

Advicenow would like to thank everyone who provided advice and feedback on this guide, particularly Sabine Isaac from The Royal British Legion who kindly peer reviewed it.