Surrey Welfare Rights Unit

New-style employment and support allowance – (NSESA)

New-style ESA is a contribution-based benefit for people who cannot work because of ill-health or a disability, or find it difficult to work full time for those reasons.  The claim can be started with a telephone call, there is also the option for your child to apply online. You cannot apply online as an appointee.  Your child will need to provide a  fit note Your GP should be happy to provide a fit note. If they are concerned explain the reason that you need it and that they can simply write your condition in the narrative box  from their GP and will then be asked to take part in a work capability assessment so the DWP can decide if they have  limited capability for work or limited capability for work-related activity Claimants, who are assessed through a work capability assessment and are found to have limited capability for work, are not expected to look for work, although they can be asked to complete work-related activities in return for their benefit. If they are found to have limited capability for work-related activity no work-related requirements at all are required of them   (LCW or LCWRA). This is the same test as in Universal Credit. Most young people will not receive any payment if they make a NSESA claim because they will not meet the contribution conditions. However, despite not benefitting financially, there are two significant advantages to making a claim:

1. Universal Credit (UC) claimants who have a decision that they have been assessed to have LCW/LCWRA dated before the  start of the course The first day of term of the first year of the course  may be able to claim UC while a student. If they have NOT already been assessed to have LCW/LCWRA they will NOT be entitled to claim Universal Credit unless they have children or are living with a non-student partner. It may take as long as a year from making the claim for the assessment to be completed.
2. All other eligible claimants who are assessed to have LCW/LCWRA before claiming Universal Credit will be placed in the appropriate claimant commitment group from the start of the claim.

In addition, an assessment of LCW/LCWRA through a NSESA claim leads to weekly National Insurance Credits that build entitlement to state retirement pension. There are no restrictions on students claiming NSESA

When making the claim it is important to explain your child is claiming for NI credits and that they want a work capability assessment despite understanding they will not receive any payment.  A NSESA claim can be made from age 16 onward.  Making a claim for NSESA when your child does not meet the contribution conditions will not affect your benefit entitlement.  They remain part of your benefit household.  If your child has been working and may be paid NSESA if a claim is made, seek advice before starting the process as this is may affect your benefit entitlement.