Hi ST
In answer to your question, I see no reason not to tick the consent box although a few members on the forum will say otherwise.
In answer to your second question, it would depend what type of ESA you are talking about, if you are talking about NS ESA then no as NS ESA is contribution based, if you are talking about IR ESA then yes as IR ESA is means tested.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems