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Employment and Support Allowance (non-contributory) - replacement for Incapacity Benefit (non-contributory)

Incapacity Benefit (non-contributory) was replaced for most new claimants from October 2008 by Employment and Support Allowance (non-contributory). This is an income replacement (see Introduction) benefit for people of working age (16-pension age) who cannot work because of illness or disability. If the client does not have sufficient national insurance contributions for Employment and Support Allowance (contribution-based) and s/he is not entitled to Statutory Sick Pay, s/he qualifies for Employment and Support Allowance (non-contributory) provided:

  • S/he has been too ill to work for 28 weeks and
  • This 28 weeks began when the client was aged less than 20 (25 in some cases) and
  • If s/he is under 19, s/he is not attending an educational course for 21 hours or more per week - education designed for people with a disability is ignored when calculating these hours.

Employment and Support Allowance (non-contributory) is made up of a basic allowance paid for the first 13 weeks (the assessment phase) and increased thereafter by a work-related activity component or a support component.

To get this benefit, the client must be accepted as having limited capability for work.

There are detailed rules allowing some people to keep their Employment and Support Allowance in full whilst doing a limited amount of work. Except where these rules apply, the client will not be entitled to Employment and Support Allowance if s/he starts work, so s/he will need to check this out first.

Employment and Support Allowance (non-contributory) cannot be paid at the same time and to the same person as any other income replacement benefit.

For help with forms and general advice please use the CONTACT's menu on the left to find details for your local authority area

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