Income Support rules for people who are sick or disabled

Income Support: Sick or Disabled

Income Support for the sick and disabled

Before the introduction of Employment and Support Allowance (ESA) on 27 October 2008 you could get Income Support if you were sick/disabled and unable to work. Some existing claimants remain on Income Support on this basis but will be transferred over to ESA eventually.

If you are on Income Support because of sickness or disability, you will be reassessed under the Work Capability Assessment. If you are found to have a limited capability for work you will be moved (migrated) onto ESA.

You can still claim Income Support if you are sick or disabled if one of the categories below applies to you:

  • You are entitled to Statutory sick pay (SSP)
  • You have appealed against a decision under a determination that you are capable of work following a personal capability assessment. This continues to apply until the final decision on you appeal. IS will be reduced by 20% of the single person’s allowance for your age group and if you win your appeal, the reduction will be repaid.
  • You are mentally or physically disabled and are not treated as being in remunative work because your hours or earnings are 75% or less than that of a person without your disability in the same job.*
  • You are in employment while living in (or temporarily absent from) a care home, an Abbeyfield Home or an independent hospital in which you receive care.*

*These two categories only apply if you were already entitled to Income Support on that basis on 24 January 2010.

How much will I get?

If you are eligible to claim Income Support and have a disability, when calculating your entitlement disability premium(s) will be included in your Applicable Amount (the amount the law says that you need to live on).

The rules are very complex so you should seek specialist advice.