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Can you claim ESA if you are over 65?

5 min read

According to Age UK, the vast majority of people cannot claim Employment and Support Allowance (ESA) after reaching State Pension age. The UK government's own website explicitly states that you must be under State Pension age to apply for ESA. So, can you claim ESA if you are over 65? This comprehensive guide explains the rules and outlines the benefits you can claim instead to ensure your income is maximised as you get older.

Quick Summary

You cannot claim Employment and Support Allowance (ESA) once you reach State Pension age. Existing claims will stop, and new applications will be rejected. You should apply for alternative benefits like your State Pension, Pension Credit, and Attendance Allowance instead. Eligibility varies based on individual circumstances.

Key Points

  • Age Restriction: You cannot claim Employment and Support Allowance (ESA) if you are over the State Pension age, as it is a working-age benefit.

  • Automatic Termination: When you reach State Pension age, your existing ESA claim will automatically end.

  • Alternative Benefits: Instead of ESA, you should claim your State Pension and may be eligible for Pension Credit or Attendance Allowance.

  • Non-Means-Tested Option: Attendance Allowance is a non-means-tested benefit for people over State Pension age who need help with care due to an illness or disability.

  • Income-Based Support: Pension Credit is a means-tested top-up for those on a low income who have reached State Pension age.

  • Transitional Planning: To avoid a gap in income, it is best to check your State Pension age and explore alternative benefits several months before your ESA is due to end.

  • Mixed-Age Couples: Special rules apply to mixed-age couples, where only one partner is over State Pension age, and Universal Credit may be the relevant benefit.

In This Article

Why Employment and Support Allowance (ESA) stops at State Pension age

The fundamental principle behind Employment and Support Allowance (ESA) is that it is a 'working-age' benefit. It is designed for people who have a disability or health condition that affects their ability to work. Once you reach the state's official retirement age, the assumption is that you are no longer of working age and therefore should transition to benefits designed for pensioners.

This transition means that existing ESA awards will automatically end when you reach your State Pension age. If you have a partner who is still below State Pension age, you might be able to claim Universal Credit as a mixed-age couple, but your situation will be reassessed. It is vital to contact the Department for Work and Pensions (DWP) to ensure your benefits are stopped correctly and to avoid any overpayment issues.

The switch from working-age to pension-age benefits

For most people receiving ESA, the end of the claim marks the start of claiming their State Pension. However, the State Pension is often less than the amount received through ESA, especially for those in the 'Support Group'. This is why it is critical to explore other benefits available for older people to make up for any shortfall.

Key alternatives include Pension Credit for those on a low income, and Attendance Allowance for those with care needs due to an illness or disability. These are specifically designed to support individuals over State Pension age.

Comparison of ESA and alternative pensioner benefits

To better understand the differences and which benefits might apply to your situation, here is a comparison of ESA and the key benefits available once you pass State Pension age.

Feature ESA (for under State Pension age) State Pension Pension Credit Attendance Allowance
Purpose Financial support for those of working age with a disability or health condition affecting their ability to work. A regular payment from the government once you reach State Pension age. A top-up for your weekly income if you are on a low income and have reached State Pension age. A non-means-tested payment for people over State Pension age with care needs due to a disability or illness.
Means-tested New Style ESA is contribution-based and not means-tested. Income-related ESA (now largely replaced by Universal Credit) was means-tested. No. Amount depends on National Insurance record. Yes. Based on your income and savings. No. Based on your care needs, not income or savings.
Eligibility Under State Pension age, limited capability for work due to illness/disability, and sufficient National Insurance contributions. Reached State Pension age and have enough National Insurance contributions. Reached State Pension age and have a low income. Over State Pension age and need care or supervision due to a disability or illness.
New Claims Only if under State Pension age. Automatic for most, but must be claimed. Can be claimed after State Pension age, depending on couple's age. Can be claimed after State Pension age.

Action to take when ESA ends

For those approaching State Pension age, it is crucial to plan ahead to ensure a smooth transition and avoid any gaps in income. The first step is to calculate your official State Pension age on the official GOV.UK website.

  1. Claim your State Pension: The DWP does not automatically pay your State Pension. You must claim it, and you can usually do so up to four months before you reach State Pension age.
  2. Apply for Attendance Allowance: If you have a physical or mental disability and need help with personal care or supervision, you can claim Attendance Allowance. This is a non-means-tested benefit and can also unlock other benefits.
  3. Check eligibility for Pension Credit: If you have a low income, Pension Credit could provide a valuable top-up and act as a gateway to other financial support, such as a free TV licence if you are 75 or over.
  4. Explore other benefits: Use an online benefits calculator to check for other entitlements, such as help with housing costs, council tax, or winter fuel payments.
  5. Review your partner's situation: If you are in a mixed-age couple, your partner's eligibility for benefits like Universal Credit may be affected. Seeking advice from organisations like Citizens Advice can be helpful.

Conclusion

While you cannot claim Employment and Support Allowance (ESA) if you are over 65 and have reached State Pension age, there are several alternative benefits available. Your ESA claim will stop automatically, and you should focus on claiming your State Pension, Attendance Allowance, and Pension Credit to replace and potentially increase your income. By proactively transitioning to the correct set of benefits for pensioners, you can avoid financial hardship and ensure you receive the support you are entitled to in later life. Consulting with an impartial advice service, such as Citizens Advice or Age UK, is highly recommended to get a full picture of your entitlements.

Key considerations for claiming benefits post-ESA

Benefits that are not age-dependent

It is important to remember that some benefits are not affected by reaching State Pension age. For example, if you are a carer, your eligibility for Carer's Allowance may continue. If you currently receive Personal Independence Payment (PIP), you will continue to receive it, but you cannot make a new claim after State Pension age. Instead, you would need to apply for Attendance Allowance for any new or escalating care needs.

Financial assessment and disregarded income

When applying for means-tested benefits like Pension Credit, not all of your income or savings are taken into account. For instance, Attendance Allowance is disregarded as income. However, having a private pension might affect your entitlement to certain benefits. Understanding which income streams are assessed is key to maximising your overall benefit income.

Seek expert advice

Navigating the benefits system, especially during a transition from working-age to pension-age benefits, can be complex. The rules regarding mixed-age couples or certain types of income and savings can be particularly tricky. Organisations such as Citizens Advice and Age UK offer free, impartial advice and can assist with benefit applications, calculations, and appeals if necessary.

Frequently Asked Questions

When you reach State Pension age, your Employment and Support Allowance (ESA) will end automatically, as it is a working-age benefit. The Department for Work and Pensions will then expect you to claim your State Pension and other benefits designed for pensioners.

Instead of ESA, you can claim your State Pension. Depending on your income and care needs, you may also be eligible for Pension Credit, a low-income top-up, and Attendance Allowance, for help with personal care needs.

No, Attendance Allowance is different. It is a non-means-tested benefit for people over State Pension age who have care needs. Unlike ESA, it is based on the care you need, not your ability to work, and does not have a mobility component.

Your private pension income can affect your entitlement to means-tested benefits like Pension Credit. However, Attendance Allowance is not means-tested and is not affected by your income or savings.

Yes, if you are a mixed-age couple where one partner has reached State Pension age and the other has not, you may be able to claim Universal Credit, and your situation will be reassessed.

If your State Pension is lower than your previous ESA payments, you should check your eligibility for Pension Credit to top up your weekly income. If you have care needs, Attendance Allowance can also provide additional financial support.

You can get free, impartial advice from organizations like Citizens Advice or Age UK. They can help you use benefits calculators, understand your entitlements, and assist with new applications.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.