ESA articles
ESA claimants and housing benefit – Judith Paterson looks at changes to housing benefit and council tax benefit applicable amounts for ESA claimants and considers some better-off issues.
ESA decisions and appeals – Simon Osborne outlines the rules regarding decision-making and challenges in ESA.
Claiming ESA – Martin Williams looks at the rules for claiming ESA, including telephone and written claims, defective claims, advance claims and backdating.
ESA Q&A (updated 24 November 2008)
ESA and students – Angela Toal describes the main ESA rules for students, pointing out where they are more restrictive than at present.
ESA Jargon Buster – a one-page guide to LCW, WFHRA and all the other ESA-related terminology.
Calculating ESA (article from WRB 205)
The work capability assessment (article from WRB 204)
Employment and Support Allowance: announcements in the new Green Paper
Conditionality for ESA claimants
Transitional Arrangements: Employment and support allowance
Employment and Support Allowance: the detailed rules
A quick reference guide
ESA Rates Analysis
A detailed comparison of current benefit rates with the ESA rates that will apply to new claimants from October 2008.
Download ESA Rates Analysis (36 KB PDF file)
ESA legislation
Primary legislation:
The Welfare Reform Act 2007: Part 1
www.opsi.gov.uk/acts/acts2007/ukpga_20070005_en_2#pt1-pb1-l1g1
Secondary legislation:
The Employment and Support Allowance Regulations 2008 www.opsi.gov.uk/si/si2008/uksi_20080794_en_1
The Employment and Support Allowance (Transitional Provisions) Regulations 2008 http://www.opsi.gov.uk/si/si2008/uksi_20080795_en_1
The Employment and Support Allowance (Consequential Provisions) Regulations 2008, SI No.1082 http://www.opsi.gov.uk/si/si2008/uksi_20081082_en_1
The Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008, SI No. 1554 http://www.opsi.gov.uk/si/si2008/uksi_20081554_en_1
The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008, SI 2008 No.1879 http://www.opsi.gov.uk/si/si2008/uksi_20081879_en_1
The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008, SI 2008 No.2428 http://www.opsi.gov.uk/si/si2008/uksi_20081879_en_1
The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2008, SI 2008 No.2783 http://www.opsi.gov.uk/si/si2008/uksi_20082783_en_1
See below for explanatory memo DMG 40/08.
ESA guidance
DWP Memo DMG 02/09 - ESA Appeals
Download Memo DMG 02/09(14 KB PDF file)
This memo provides guidance on general appeal rights; non appealable decisions; and appeals where the claimant does not have limited capability for work. It includes what recommendations to the First-tier Tribunal for disposal of the
appeal should be included in the appeal response where the claimant has been found by the decision maker not to have limited capability for work.
DWP Memo DMG 40/08 - ESA: Transitional Issues
Download Memo DMG 40/08(16 KB PDF file)
This memo explains how the ESA (Transitional Provisions) (Amendment) Regulations 2008 (SI 2008 No. 2783, see above) change the rules about when a person may claim income support or incapacity benefit on or after 27/10/2008.
DWP Decision Makers Guide - new ESA volumes
Two new volumes (nos. 8 and 9) have been added by the DWP in anticipation of ESA.
Visit the Decision Makers Guide on the DWP website
This handbook contains guidance for health care professionals who examine claimants and produce reports for the DWP concerning the work capability assessment. It contains useful information about medical services procedures, and about the way in which the DWP themselves interpret the meaning of some of the ESA provisions.
This guidance produced by the DWP for local authorities administering housing benefit and council tax benefit explains how the Employment and Support Allowance (Consequential Provisions) Regulations 2008 (SI.No.1082/2008) amend the rules for housing benefit and council tax benefit to take account of the introduction of ESA.
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