ILO Production Team

International Labour Standards Department

Mr. Alexander Egorov

Head of Social Security Unit

e-mail: [email protected], tel.: +41 22 799 71 73

Mrs. Svetlana Mandzhieva

legal specialist, e-mail: [email protected]

Mrs. Olena Vazhynska

economist, e-mail: [email protected]

Social Protection Department

Mrs. Valeria Nesterenko

statistician

e-mail: [email protected], tel.: +41 22799 78 47

 

Government Production Team

Parts of the Consolidated Report

Government department and official responsible for updates

Contact information

General questions. Parts I, XII and XIII

Part II

Part III

Part IV

Part V

Part VI

Part VII

Part X

Part XI

Coordination of reporting obligations under ECSS and ILO Social Security Conventions

Article 74. ECSS

1.       Each Contracting Party shall submit to the Secretary General an annual report concerning the application of this Code. This report shall include:

a)      full information concerning the laws and regulations by which effect is given to the provisions of this Code covered by the ratification; and

b)      evidence of compliance with the statistical conditions specified in:

                                i.            Articles 9.a, b or c; 15.a or b; 21.a; 27.a or b; 33; 41.a or b; 48.a or b; 55.a or b; 61.a or b, as regards the number of persons protected;

                              ii.            Articles 44, 65, 66 or 67, as regards the rates of benefit;

                            iii.            Article 24, paragraph 2, as regards duration of unemployment benefit; and

                             iv.            Article 70, paragraph 2, as regards the proportion of the financial resources constituted by the insurance contributions of employees protected.

Such evidence shall as far as possible be presented in such general order and manner as may be suggested by the Committee.

2.       Each Contracting Party shall furnish to the Secretary General, if so requested by him, further information of the manner in which it has implemented the provisions of the Code covered by its ratification.

3.       The Committee of Ministers may authorise the Secretary General to transmit to the Consultative Assembly copies of the report and further information submitted in accordance with paragraphs 1 and 2 of this article respectively.

4.       The Secretary General shall send to the Director General of the International Labour Office the report and further information submitted in accordance with paragraphs 1 and 2 of this article respectively, and shall request the latter to consult the appropriate body of the International Labour Organisation with regard to the said report and further information and to transmit to the Secretary General the conclusions reached by such body.

5.       Such report and further information and the conclusions of the body of the International Labour Organisation referred to in paragraph 4 of this article shall be examined by the Committee which shall submit to the Committee of Ministers a report containing its conclusions.

§1. Article 76. C102

1. Each Member which ratifies this Convention shall include in the annual report upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation:

(a) full information concerning the laws and regulations by which effect is given to the provisions of the Convention; and

(b) evidence, conforming in its presentation as closely as is practicable with any suggestions for greater uniformity of presentation made by the Governing Body of the International Labour Office, of compliance with the statistical conditions specified in:

(i) Articles 9 (a), (b), (c) or (d); 15 (a), (b) or (d); 21 (a) or (c); 27 (a), (b) or (d); 33 (a) or (b); 41 (a), (b) or (d); 48 (a), (b) or (c); 55 (a (a), (b) or (d); 61 (a), (b) or (d) , as regards the number of persons protected;

(ii) Articles 44, 65, 66 or 67, as regards the rates of benefit;

(iii) subparagraph (a) of paragraph 2 of Article 18, as regards duration of sickness benefit;

(iv) paragraph 2 of Article 24, as regards duration of unemployment benefit; and

(v) paragraph 2 of Article 71, as regards the proportion of the financial resources constituted by the insurance contributions of employees protected.

For coordination of reporting between ECSS and ILO Social Security Conventions see “The state of application of the provisions for social security of the international treaties on social rights: ILO Technical Note: United Kingdom/ International Labour Office. – Geneva: ILO, 2016”.

Chapter III. Concluding observations of the supervisory bodies concerning provisions of the ratified international treaties on social rights and statements of other international bodies reviewing national economic and social policy.

                     Introduction of Consolidated Report.

Extract from the 2016 Report and conclusions of the Committee of Experts on the Application of Conventions and Recommendations of the International Labour Organization on the annual reports submitted to the Secretary-General of the Council of Europe on the application of the European Code of Social Security  and its Protocol.

26. Consolidated reports on social security instruments

The Committee recalls that the network of interrelated and overlapping compliance and reporting obligations is particularly dense for many European countries which, besides ILO social security Conventions and United Nations (UN) human rights instruments, are bound by a number of regional treaties on social rights: the European Social Charter, the ECSS, social security Conventions of the Council of Europe, the Charter of Fundamental Rights of the European Union, among others. A simple compilation of these instruments in Europe totals over 1,000 pages, which makes the task of their coherent implementation particularly complex. For these reasons, in its 2015 conclusions on the ECSS, the Committee invited governments to coordinate the fulfilment of their compliance and reporting obligations under the Code, Convention No. 102 and the relevant provisions of the European Social Charter with a view to improving the quality and consistency of the information provided in their reports. In response, a number of governments have requested the ILO to consolidate the information provided in their previous reports on the Code and ILO social security Conventions in one comprehensive document giving a full picture of the national social security system. To facilitate the integrated management and comparative analysis of member States’ obligations under different social security instruments, the Department of International Labour Standards extracted and structured all information relevant to the application of the ECSS from the government reports supplied during the period 2006–16. The reports supplied prior to 2006 were not taken into account as the information contained in them is likely to be outdated. The information included in the reports but which was not directly relevant to the legal obligations under the respective provisions of the Code and ILO Conventions has not been retained. In many instances this, together with the elimination of repetitive information, has permitted to reduce by half the volume of reported information, which for the European countries often runs into several hundreds of pages. Still, an average CR counts over 150 pages and requires several rounds of compacting, comparing, editing, tabulating, etc. of the information to finally transform it into a reference document on a given national social security system and policy. Where necessary, this information is completed by data taken from official national and international databases, such as MISSCEO, MISSOC, ILOSTAT and Eurostat. The resulting country CR thus contains all the relevant information provided over the past decade on the application of ratified social security instruments and greatly improves the quality of reporting in terms of the consistency of the information available, coherence across different schemes and benefits providing protection, and the efficacy of the regulatory framework governing the national social security system. CRs provide an incredible wealth of verified reference information on the law and practice in social security from official government sources, the value of which goes much beyond the needs of the supervisory bodies and provides an indispensable knowledge base for ILO country projects and development cooperation activities.

27. Improving completeness and consistency of the reported information

Consolidation of information across various instruments has permitted the overall completeness of the available information to be assessed and information gaps to be revealed concerning certain provisions which are brought to governments’ attention. Such gaps, as regards both legal and statistical information, prevent full and systemic analysis by the Committee of the regulatory framework and benefit parameters. Relevant questions of the report forms on the Code and ILO Conventions are therefore included as a reminder to complete the CR with the requested information. The Committee wishes to emphasize that the effectiveness of the supervisory bodies depends on acting in full knowledge of the case and seeing the whole picture and calls on the governments concerned to make a special effort in the 2017 annual reporting exercise on the ECSS to eliminate all information gaps on the provisions indicated in the CR. With respect to the clarity of the information provided, particularly as regards rules and elements taken into account for the calculation of the level of benefits, in many instances it requires very specific technical clarifications from the national experts and concrete references to the corresponding provisions of the national regulations defining conditions of entitlement to each of the elements included in the benefit formula. In order to facilitate the experts’ dialogue on the technical parameters, which may take different values depending upon the context in which they are used, the statements in question are highlighted and appropriate marks and questions are entered directly in the text of the CR. This avoids possible misunderstandings and overloading the Committee’s conclusions with repeated technicalities. Where necessary, a preliminary comparative analysis of questioned national provisions or practices is carried out and the ILO comments are entered immediately afterwards in square brackets. This greatly facilitates the understanding of the legal logic of the comments. In view of the significant volume and the complexity of a CR, it is also equipped with user‑friendly navigation signs and summary tables. The Committee attaches the CR to its country conclusions and asks the governments concerned, in discharging their reporting obligation under Article 74(1) of the Code, to complete it with the missing information, technical clarifications, specific provisions of the national legislation and updated statistics. The Committee points out that, having once completed the CR, the future reporting obligations may consist only in its periodic updating according to established reporting cycles.

28. Sources and consistency of reported statistical data

According to Article 74(1)(b), the reports on the Code shall include evidence of compliance with statistical conditions specified with respect to the number of persons protected, the rates of benefits and the proportion of the financial resources constituted by the insurance contributions of employees protected. This evidence shall be presented in such general order and manner as may be suggested by the Committee of Ministers. The CRs have revealed situations where statistical data on the same subject given in different reports were taken from different sources and databases used by different government agencies contributing to these reports, and were not compatible; the source of information might not be indicated, and the exact data might be replaced by ad hoc estimates. The Committee recalls that one of the main characteristics of the Code and ILO social security Conventions consists in that compliance with their provisions on the scope of coverage and level of benefits is established by reference to precise numbers and percentages, which makes the quality, consistency and comparability of the statistical information an essential condition of the effective functioning of the supervisory mechanism. The Committee has therefore considered it useful to elaborate a self-explanatory template for the statistical data on coverage of the persons protected requested in the report forms on the Code and ILO Conventions, and prefilled it with data given in government reports and by Eurostat. Where the figures appear to be divergent or controversial, the Committee asks the government to check the data for consistency. Generally, the governments are requested to fill in the lacking data, align them to the same time basis to enable comparison, and specify the official source of statistics which shall henceforth be continuously used by them for reporting purposes.

How to complete, modify and update the Consolidated Report?

Please, always enter any modifications or new information using TRACK CHANGES function in MICROSOFT WORD. The information should be entered:

-          either directly in the text of the CR or

-          in the footnote attached to the relevant portion of the text of the CR.



Consolidated Report on the application by the United Kingdom of ILO Conventions         № 12, 17, 24, 25, 42, 102 & the European Code of Social Security in the period           2006-2016

Consolidated information compiled from the following Government Reports on these instruments:

Workmen's Compensation (Agriculture) Convention (Revised), 1934 (№12)

·                Report for the period 1 June 2011 to 31 May 2014, made by the Government of the United Kingdom of Great Britain and Northern Ireland, in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Workmen's Compensation (Agriculture) Convention (Revised), 1934 (№12) [Report 2016-C12]

·                Report for the period 1 June 2006 to 31 May 2011, made by the Government of the United Kingdom of Great Britain and Northern Ireland, in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Workmen's Compensation (Agriculture) Convention (Revised), 1934 (№12) [Report 2011-C12]

·                Report for the period 1 June 1999 to 31 May 2006, made by the Government of the United Kingdom of Great Britain and Northern Ireland, in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Workmen's Compensation (Agriculture) Convention (Revised), 1934 (№12) [Report 2006-C12]

Workmen’s Compensation (Accidents) Convention, 1925 (17)

·                Report for the period from 1 June 2011 to 31 May 2016, made by the Government of the United Kingdom of Great Britain and Northern Ireland, in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Workmen’s Compensation (Accidents) Convention, 1925 (17) [Report 2016-C17]

·                Report for the period from 1 June 2006 to 31 May 2011, made by the Government of the United Kingdom in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Workmen’s Compensation (Accidents) Convention, 1925 (17) [Report 2011-C17]

·                Report for the period from 1 June 2000 to 31 May 2006, made by the Government of the United Kingdom in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Workmen’s Compensation (Accidents) Convention, 1925 (17) [Report 2006-C17]

Sickness Insurance (Industry) Convention, 1927 (24)

·                Report for the period from 1 June 2011 to 31 May 2016, made by the Government of the United Kingdom of Great Britain and Northern Ireland, in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Sickness Insurance (Industry) Convention, 1927 (24) [Report 2016-C24]

·                Report for the period from 1 June 2006 to 31 May 2011, made by the Government of the United Kingdom in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Sickness Insurance (Industry) Convention, 1927 (24) [Report 2011-C24]

·                Report for the period from 1 June 2000 to 31 May 2006, made by the Government of the United Kingdom in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Sickness Insurance (Industry) Convention, 1927 (24) [Report 2006-C24]

Sickness Insurance (Agriculture) Convention, 1927 (25)

·                Report for the period from 1 June 2011 to 31 May 2016, made by the Government of the United Kingdom of Great Britain and Northern Ireland, in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Sickness Insurance (Agriculture) Convention, 1927 (25) [Report 2016-C25]

·                Report for the period from 1 June 2006 to 31 May 2011, made by the Government of the United Kingdom in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Sickness Insurance (Agriculture) Convention, 1927 (25) [Report 2011-C25]

·                Report for the period from 1 June 2000 to 31 May 2006, made by the Government of the United Kingdom in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Sickness Insurance (Agriculture) Convention, 1927 (25) [Report 2006-C25]

Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (42)

·                Report for the period from 1 June 2011 to 31 May 2016, made by the Government of Great Britain and Northern Ireland in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (42) [Report 2016-C42]

·                Report for the period from 1 June 2006 to 31 May 2011, made by the Government of Great Britain of Great Britain and Northern Ireland in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (42) [Report 2011-C42]

Social Security (Minimum Standards) Convention, 1952 (102)

·                Report for the period from 1 June 2011 to 31 May 2016, made by the Government of the United Kingdom of Great Britain and Northern Ireland in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Social Security (Minimum Standards) Convention, 1952 (102) [Report 2016-C102]

·                Report for the period from 1 June 2006 to 31 May 2011, made by the Government of the United Kingdom and Northern Ireland in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Social Security (Minimum Standards) Convention, 1952 (102) [Report 2011-C102]

·                Report for the period from 1 June 2001 to 31 May 2006, made by the Government of the United Kingdom and Northern Ireland in accordance with Article 22 of the Constitution of the ILO, on the measures taken to give effect to the provisions of the Social Security (Minimum Standards) Convention, 1952 (102) [Report 2006-C102]

European Code of Social Security

·                48th annual report on ratified Parts of the European Code of Social Security made by the United Kingdom to the Council of Europe at Strasbourg for the period 1 July 2011 to 30 June 2016 [Report 2016-ECSS]

·                47th annual report on ratified Parts of the European Code of Social Security made by the United Kingdom of Great Britain and Northern Ireland for the period 1 July 2014 to 30 June 2015    [Report 2015-ECSS]

·                46th annual report on ratified Parts of the European Code of Social Security made by the United Kingdom of Great Britain and Northern Ireland for the period 1 July 2013 to 30 June 2014    [Report 2014-ECSS]

·                45th annual report on ratified Parts of the European Code of Social Security made by the United Kingdom of Great Britain and Northern Ireland for the period 1 July 2012 to 30 June 2013    [Report 2013-ECSS]

·                44th annual report on ratified Parts of the European Code of Social Security made by the United Kingdom of Great Britain and Northern Ireland for the period 1 July 2011 to 30 June 2012    [Report 2012-ECSS]

·                43rd annual report on ratified Parts of the European Code of Social Security made by the United Kingdom of Great Britain and Northern Ireland for the period 1 July 2010 to 30 June 2011    [Report 2011-ECSS]

Additional information compiled from the following sources:

·           Database, MISSOC

·           Official website of the Council of Europe

·         Official website of the UK government

·         23rd Biennial report on unratified parts of the European Code of Social Security made by the United Kingdom to the Council of Europe at Strasbourg for the period 1 July 2014 to 30 June 2016.

Questions of the Report Form on the European Code of Social Security (ECSS) or on a ILO Convention (e.g. RF/C102), on which the information is lacking in all listed Government reports, are reproduced in a box.

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Provisions ensuring protection substantially higher than international standards

Lack of any information

Bildergebnis für знак проезд запрещен

Provisions possibly not in compliance with international standards

No answer to the request of the supervisory bodies

New comments of CEACR in 2016

Ø

Provisions on which additional information is necessary

Ø

Provisions ensuring full compliance with international standards

NB

Reference information to be taken into account

Summary table on the status of application of corresponding provisions of the ECSS and ILO Conventions

Category

Full compliance

Request of information

insufficient information

 no or very little information

Part II. Medical Care

II-1. Regulatory framework

Ø Art.7 C102/ECSS

II-2. Contingencies covered

Ø Art.8 C102/ECSS

II-3. Persons Protected

Ø    Art.9 C102/ECSS

II-4. Types of Benefits

ØArt.10(1)C102/ECSS

II-5. Cost-sharing

Ø Art.10(2) C102/ECSS

II-6. Objectives of Medical Care

Ø Art.10(3) C102/ECSS

II-7. Promotion of the general health service

Ø Art.10(4) C102/ECSS

II-8. Qualifying period

Ø Art.11 C102/ECSS

II-9. Minimum duration of Benefit

Ø Art.12 C102/ECSS

II-10. Suspension of Benefit

*   Art.69 C102               Art.68 ECSS

II-11. Right of complain and appeal

*  Art.70 C102               Art.69 ECSS

II-12. Financing and Administration

Ø Art.71,72 C102                   Art.70,71 ECSS

Part III. Sickness Benefit

III-1. Regulatory framework

Ø Art.13 C102/ECSS 

Art.1 C24/C25

III-2. Contingencies covered

Ø Art.14 C102/ECSS

Art.2(1) C24/C25

III-3. Persons Protected

Ø Art.15 C102/ECSS

III-4. Level and Calculation of Benefit

*         Bildergebnis für знак проезд запрещен 

Art.16 C102/ECSS

III-5. Qualifying period

 Art.17 C102/ECSS

       Art.3(2) C24/C25

III-6. Minimum duration of Benefit

Ø Art.18 C102/ECSS

Art.3(1) C24/C25

 

III-7. Medical Care

Ø Art.4,5 C24/C25

III-8. Suspension of Benefit

Art.69 C102

 Art.68 ECSS Art.3(3,4) C24/C25

III-9. Right of complaint and appeal

Ø Art.70 C102, Art.69 ECSS

Art.9 C24, Art.8 C25

 

III-10. Financing and Administration

Ø Art.71,72  C102

Art.70,71 ECSS

             Art.6,7 C24/C25

Part IV. Unemployment Benefit

IV-1. Regulatory framework

Ø Art.19 C102/ECSS

IV-2. Contingency covered

Ø  Art.20 C102/ECSS

IV-3. Persons Protected

Ø Art.21 C102/ECSS

IV-4. Level and Calculation of Benefit

Дорожный-знак Bildergebnis für знак проезд запрещен

Art.22 C102/ECSS

IV-5. Qualifying period

Дорожный-знак Bildergebnis für знак проезд запрещен

Art.23 C102/ECSS

IV-6. Minimum duration of Benefit

 Art.24(1,2)

C102/ECSS

IV-7. Waiting period

ØArt.24 (3,4) C102/ECSS

IV-8. Suspension of Benefit

Ø Art.69 C102

Art.68 ECSS

IV-9. Right of complaint and appeal

Ø Art.70 C102

Art.69 ECSS

IV-10. Financing and Administration

Ø Art.71,72 C102

          Art.70,71 ECSS

Part V. Old-Age Benefit

V-1. Regulatory framework

Ø Art.25 C102/ECSS

V-2. Contingency covered

Ø Art.26 C102/ECSS

V-3. Persons Protected

Ø Art.27 C102/ECSS

V-4. Level and Calculation of Benefit

Ø Art.28 C102/ECSS

V-5. Adjustment of Benefit

Ø Art.65(10) C102/ECSS Art.66(8) C102/ECSS

V-6. Qualifying period

Ø Art.29 C102/ECSS

V-7. Duration of Benefit

Ø Art.30 C102/ECSS

V-8. Suspension of Benefit

Ø Art.69 C102

                Art.68 ECSS

V-9. Right of complaint and appeal

Ø Art.70 C102

         Art.69 ECSS

V-10. Financing and Administration

Ø Art.71,72 C102

         Art.70,71 ECSS

Part VI. Employment Injury Benefit

VI-1. Contingencies and regulatory framework

Ø Art.1 C12, Art.1 C17 Art.1(1) C42

VI-2. Persons Protected

Ø Art.2 C17

VI-3. Definition of Occupational diseases

Bildergebnis für знак проезд запрещенArt.2 C42

VI-4. Benefits in cash

Ø Art.5,7 C17

Art.1(2) C42

VI-5. Benefits in kind

Bildergebnis für знак проезд запрещенArt.9 C17       Art.10(1) C17

VI-6. Waiting period

* Art.6 C17

VI-7. Insolvency of employer

Ø Art.11 C17

VI-8. Financing and Administration

Ø Art.8, 10(2) C17

Part VII. Family Benefit

VII-1. Regulatory framework

ØArt.39 C102/ECSS

VII-2. Contingency covered

ØArt.40 C102/ECSS

VII-3. Persons Protected

Ø Art.41 C102/ECSS

VII-4. Types of Benefits

Ø Art.42 C102/ECSS

VII-5. Qualifying period

Ø Art.43 C102/ECSS

VII-6. Level and Calculation of Benefit

 Art.44 C102/ECSS

VII-7. Duration of Benefit

Ø Art.45 C102/ECSS

VII-8. Suspension of Benefit

Ø Art.69 C102

Art.68 ECSS

VII-9. Right of complaint and appeal

Ø Art.70 C102

         Art.69 ECSS

VII-10. Financing and Administration

Ø Art.71,72 C102

          Art.70,71 ECSS

Part X. Survivors’ Benefit

X-1. Regulatory framework

Ø Art.59 C102

X-2. Contingency covered

Ø Art.60 C102

X-3. Persons Protected

Ø Art.61 C102

X-4. Level and Calculation of Benefit

  Bildergebnis für знак проезд запрещенArt.62 C102

X-5. Adjustment of Benefit

Ø    Art.65(10) C102

Art.66 (8) C102

X-6. Qualifying period

* Art.63 C102

X-7. Duration of Benefit

Ø Art.64 C102

X-8. Suspension of Benefit

*    Art.69 C102

X-9. Right of complaint and appeal

Ø Art.70 C102

X-10. Financing and Administration

Ø Art.71,72 C102

Part XI. Standards to be complied with by periodical payments

ØArt.65,66 C102/ECSS

Part XII. Equality of treatment of non-national residents

* Art.68 C102

Part XIII. Common Provisions

Part XIII-1. Suspension of benefits

Part V. Old-Age Benefit

Part III. Sickness Benefit

Part IV. Unemployment Benefit

Part VII. Family Benefit

*           

Part II. Medical Care

Part X. Survivors’  Benefit

Part XIII-2. Right of complaint and Appeal

Part III. Sickness Benefit

Part IV. Unemployment Benefit

Part V. Old-Age Benefit

Part VII. Family Benefit

Part X. Survivors’  Benefit

*         

Part II. Medical Care

Part XIII-3. Financing and Administration

Part II. Medical Care

Part III. Sickness Benefit

Part IV. Unemployment Benefit

Part V. Old-Age Benefit

Part VII. Family Benefit

Part X. Survivors’  Benefit

Part VI. Employment Injury Benefit


Part I. General provisions

The Part I “General provisions” comprises the following explanatory and procedural clauses:

§  Articles 1-6 C102

§  Articles 1-6 ECSS

Report 2016-ECSS, Report 2016-C102, Report 2016-C12, Report 2016-C17, Report 2016-C42:

LEGISLATION

Separate, but corresponding, schemes of Social Security operate in Great Britain and Northern Ireland. Reciprocal arrangements between the two ensure that the schemes effectively operate as a single system. The law governing Social Security in Great Britain was amended during the reference period by the measures listed below. Corresponding legislation came into effect in Northern Ireland as listed after the GB measures. Benefit levels are maintained in parity with Great Britain and all rates quoted therefore apply equally.

Copies of the original text of Acts, Regulations and Orders can be viewed at the Government’s website[1]. Statutory Instruments (SIs) and Statutory Rules (SRs) can be traced by their year of publication and SI/SR Number quoted below. The complete Law on Social Security, as it currently applies in Great Britain, as amended and updated, is published as the “Blue Volumes” and is now available on line via the Department for Work and Pensions’ website[2]. Guidance on how to navigate the respective volumes is also available there. Corresponding Social Security legislation that has effect in Northern Ireland can be viewed at the Department for Communities website[3].

Acts of Parliament

Primary legislation relevant to the benefits covered by the Report and introduced during the reference period includes:

2011

·         Pensions Act 2011

http://www.legislation.gov.uk/ukpga/2011/19/pdfs/ukpga_20110019_en.pdf

2012

·         Health and Social Care Act 2012

http://www.legislation.gov.uk/ukpga/2012/5/pdfs/ukpga_20120005_310516_en.pdf

·         Welfare Reform Act 2012

http://www.legislation.gov.uk/ukpga/2012/5/pdfs/ukpga_20120005_310516_en.pdf

2013

·         Enterprise and Regulatory Reform Act 2013, section 72 - abolition of the Agricultural Wages Board in England only (ceased to have effect after 30 September 2013).

http://www.legislation.gov.uk/ukpga/2012/5/pdfs/ukpga_20120005_310516_en.pdf

·         Welfare Benefits Up-rating Act 2013

http://www.legislation.gov.uk/ukpga/2016/7/pdfs/ukpga_20160007_en.pdf

2014

·         Agricultural Sector (Wales) Act

http://www.legislation.gov.uk/anaw/2014/6/pdfs/anaw_20140006_mi.pdf

·         Pensions Act 2014

http://www.legislation.gov.uk/ukpga/2014/19/pdfs/ukpga_20140019_en.pdf

·         Welfare Reform and Work Act 2016

http://www.legislation.gov.uk/ukpga/2016/7/pdfs/ukpga_20160007_en.pdf

Statutory Instruments

An alphabetical list of all current secondary legislation, i.e. Regulations and Orders in the form of Statutory Instruments, is available via the link below[4].

All secondary legislation introduced during the five years of the reporting period can be viewed via links in the chronological bookmarks in the left hand side-bar of the list.

The rates of Social Security benefits payable under the respective Parts of the Code were increased during the reference period by the following instruments:

2012

·         The Social Security Benefits Up-rating Order 2012 (SI 2012 No 819, NI Equivalent SR 2012 No 116)

2013

·         The Social Security Benefits Up-rating Order 2013 (SI 2013 No 574, NI Equivalent SR 2013 No 69)

2014

·         The Welfare Benefits Up-rating Order 2014 (SI 2014 No 147, NI Equivalent SR 2014 No.80)

·         The Social Security Benefits Up-rating Order 2014 (SI 2014 No 618, NI Equivalent SR 2014 No 78)

2015

·         The Welfare Benefits Up-rating Order 2015 (SI 2015 No 124)

·         The Social Security Benefits Up-rating Order 2015 (SI 2015 No 457, NI Equivalent SR 2015 No 124)

·         Uprating orders Welfare Benefits Up-rating Order 2015 (SI 2015 No 30, NI Equivalent SR 2015 No 139)

·         Agricultural Wages (Scotland) Order (SR 2015 No 63)

2016

·         The Social Security Benefits Up-rating Order 2016 (SI 2016 No 246 NI Equivalent SR 2016 No 92)

The following instruments of relevance are also mentioned in the report:

2011

·         Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011(SI 2011 No 228, NI Equivalent SR 2011 No 76)

·         Employment and Support Allowance (Work-Related Activity) Regulations 2011 (SI 2011 No 1349, NI Equivalent SR 2011 No 265)

2012

·         Employment and Support Allowance (Amendment) Regulations 2012 (SI 2012 No 3096, NI Equivalent SR 2013 No 2)

·         Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012 (SI 2012 No 919, NI Equivalent SR 2016 No 176)

·         Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012 (SI 2012 No 2756, NI Equivalent SR 2016 No 240)

2013

·         Job Seekers Allowance Regulations 2013 (2013 No 378)

·         Employment and Support Allowance Regulations 2013 (SI 2013 No 379, NI Equivalent SR 2016 No 219)

·         Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (SI 2012 No 381, NI Equivalent SR 2016 No 221)

·         Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (SI 2012 No 381, NI Equivalent SR 2016 No 220)

2014

·         Statutory Sick Pay (Maintenance of Records) (Revocation) Regulations 2014 (SI 2014 No 55)

·         Statutory Sick Pay Percentage Threshold (Revocations, Transitional and Saving Provisions) (Great Britain and Northern Ireland) Order 2014 (SI 2014 No 897)

2015

·         Employment and Support Allowance (repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (SI 2015 No 437)

2016

·         Agricultural Wages (Wales) Order 2016 (SI 2016 No 107)


Part II. Medical Care

The United Kingdom has accepted the obligations resulting from Part II of C102 and Part II of the ECSS.

Category

Full compliance

Request of information

insufficient information

 no or very little information

II-1. Regulatory framework

Ø Art.7 C102/ECSS

II-2. Contingencies covered

Ø Art.8 C102/ECSS

II-3. Persons Protected

Ø    Art.9 C102/ECSS

II-4. Types of Benefits

ØArt.10(1)C102/ECSS

II-5. Cost-sharing

Ø Art.10(2) C102/ECSS

II-6. Objectives of Medical Care

Ø Art.10(3) C102/ECSS

II-7. Promotion of the general health service

Ø Art.10(4) C102/ECSS

II-8. Qualifying period

Ø Art.11 C102/ECSS

II-9. Minimum duration of Benefit

Ø Art.12 C102/ECSS

II-10. Suspension of Benefit

*   Art.69 C102               Art.68 ECSS

II-11. Right of complain and appeal

*  Art.70 C102               Art.69 ECSS

II-12. Financing and Administration

Ø Art.71 C102                 Art.70 ECSS

List of applicable legislation

·         Health and Social Care Act 2012[5]

·         National Health Service Act 2006[6]

Ø II – 1. Regulatory framework

Article 7. C102 and ECSS

Each Member (Contracting Party)[7] for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature in accordance with the following Articles of this Part.

Database of the MISSOC:

Basic principle: tax financed National Health Service for all residents.

National Health Service Reform

Report 2013-ECSS:

The Health and Social Care Act 2012[8] came into force on 1 April 2013 and brought major changes to the NHS in England. These changes will have an effect on who makes decisions about NHS services, how these services are now commissioned, and the way money is spent.

The process of reform that began in the previous year with the ‘clustering’ of Primary Care Trusts (PCTs) and Strategic Health Authorities (SHAs) led to the abolition of these organisations in April 2013.

The Health and Social Care Act 2012 established the following organisations:

NHS England[9]

Formerly established as the NHS Commissioning Board in October 2012, NHS England is an independent body, at arm’s length from the Government, and its main role is to improve health outcomes for people in England.

Clinical Commissioning Groups (CCGs)

On April 1 2013, PCTs were abolished and replaced with clinical commissioning groups (CCGs). CCGs have taken on many of the functions of PCTs and also some functions previously undertaken by the Department of Health. CCGs can commission any service provider that meets NHS standards and costs. These service providers can be: NHS hospitals; social enterprises; charities; or private sector providers. However, they must be assured of the quality of services they commission, taking into account both National Institute for Health and Care Excellence (NICE) guidelines and the Care Quality Commission's (CQC) data about service providers. Both NHS England and CCGs have a duty to involve their patients, carers and the public in decisions about the services they commission.

Health and Wellbeing Boards[10]

Every 'upper tier'[11] local authority is establishing a health and wellbeing board to act as a forum where key leaders from across the NHS, social care, public health and other services work together to improve the health and wellbeing of their local population and reduce health inequalities. These boards will help give communities a greater say in understanding and addressing their local health and social care needs.

Public Health England[12]

Public Health England (PHE) was established to protect and improve the nation’s health and wellbeing and to reduce inequalities. It took up its full powers on 1 April 2013 and will provide national leadership and expert services to support public health and will also work with local government and the NHS to respond to emergencies.

Healthwatch[13]

‘Healthwatch’ is a new independent consumer champion, gathering and representing the views of the public about health and social care services in England. It operates both at a national and local level and ensures the views of the public and people who use services are taken into account.

Locally, Healthwatch will give patients and communities a voice in decisions that affect them, reporting their views, experiences and concerns to Healthwatch England. Healthwatch England will work as part of the CQC.

Health Education England

Health Education England (HEE) was established as a Special Health Authority in June 2012, taking on some functions from October 2012 before assuming full operational responsibilities from April 2013.

HEE will provide leadership for the new education and training system. It will ensure that the workforce has the right skills, behaviours and training, and is available in the right numbers, to support the delivery of excellent healthcare and drive improvements.

Further information can be viewed via the following link::

www.gov.uk/government/publications/care-act-2014-part-1-factsheets

Report 2013-ECSS:

Since April 2013, some elements of the regulation system have changed. Responsibility for regulating particular aspects of care is shared across a number of different bodies, such as:

o    the CQC[14];

o    Monitor[15] ;

o    individual professional regulatory bodies, such as the General Medical Council, Nursing and Midwifery Council, General Dental Council and the Health and Care Professions Council; and

o    other regulatory, audit and inspection bodies – some of which are related to healthcare and some specific to the NHS.

Following the abolition of SHAs, the NHS Trust Development Authority (NHS TDA)[16], which became fully operational in April 2013, will now be responsible for overseeing the performance, management and governance of NHS Trusts, including clinical quality and also managing their progress towards foundation trust status. The NHS TDA has a range of powers, from appointing chairs and non-executive directors, to requiring a trust to seek external advice.

NHS services will now be opened up to competition from providers that meet NHS standards on price, quality and safety and Monitor has expanded its role to regulate all providers of health and adult social care services with the aim to promote competition, regulate prices and ensure the continuity of services for NHS foundation trusts. Monitor also has a new duty to protect and promote the interests of patients and has an ongoing role in assessing NHS trusts for foundation trust status, as well as for ensuring that foundation trusts are well-led, in terms of both quality and finances. There is an expectation that the vast majority of hospitals and other NHS trusts will become foundation trusts by 2014.

Under this new system, most NHS providers will need to be registered with both the CQC and Monitor to be able to legally provide services. The CQC continues to regulate all health and adult social care services in England, including those provided by the NHS, local authorities, private companies and voluntary organisations.

NHS Constitution[17]

The NHS Constitution establishes the principles and values of the NHS in England. It sets out rights, to which patients, public and its staff are entitled, and pledges which the NHS is committed to achieve, together with responsibilities which the public, patients and staff owe to one another to ensure that the NHS operates fairly and effectively.

The Handbook on the NHS Constitution[18] sets out current guidance on the rights, pledges, duties and responsibilities established by the Constitution. These requirements are legally binding. They guarantee that the principles and values which underpin the NHS are subject to regular review and recommitment; and that any government, which seeks to alter the principles or values of the NHS, or the rights, pledges, duties and responsibilities set out in this Constitution, will have to engage in a full and transparent debate with the public, patients and staff.

The Health and Social Care Act 2012 includes provisions related to the NHS Constitution. These provisions came into force on 1 October 2012 and 1 April 2013 and place a statutory duty on:

o    the Secretary of State for Health to have regard to the NHS Constitution; and

o    NHS England and clinical commissioning groups to promote the NHS Constitution.

It also amends the Health Act 2009 so that:

o    the new NHS bodies established by the Act must have regard to the NHS Constitution; and

o    local authorities, when they are undertaking their public health functions, must have regard to the NHS Constitution.

Health Education England is also required to promote the NHS Constitution.

Since its publication in 2009, there have been three public consultations that have proposed adding new patient and staff rights and staff duties. In 2013, the NHS Constitution was further updated in relation to a number of key areas such as:

o    patient involvement;

o    feedback;

o    duty of candour;

o    end of life care;

o    integrated care;

o    complaints;

o    patient information;

o    staff rights,

o    responsibilities and commitments; and

o    dignity, respect and compassion.

The first, fourth, fifth and sixth guiding Principles of the NHS Constitution were also changed by regulations[19].

Secretary of State

The Secretary of State for Health has ultimate responsibility for the provision of a comprehensive health service in England and ensuring the whole system works together to respond to the priorities of communities and meet the needs of patients.

The Secretary of State works through the Department of Health to provide strategic direction for the NHS and wider health and care system and holds all of the national bodies to account for their operational and financial performance, thereby ensuring that the different parts of the system work properly together.

The Secretary of State has to fulfil a number of duties that are set out in law, including; the promotion of a comprehensive health service; to have regard to the need to reduce health inequalities between the people of England, and to have regard to the NHS Constitution. These duties, and others, are fulfilled through relationships with other bodies and the Secretary of State’s performance with regard to his or her duties is covered in his annual report. The Secretary of State, and all public bodies in the healthcare system, must also comply with the public sector equality duty in the Equality Act 2010.

Department of Health[20]

The Department of Health’s purpose is to help people live better for longer. It leads, shapes and funds health and care in England, making sure people have the support, care and treatment they need, with the compassion and dignity they deserve. The Department, on behalf of the Secretary of State, acts as ‘system steward’ – it is the only body with oversight over the whole health and care system, and it works to ensure the health and care system operates effectively to meet the needs of people and their communities.

The Department of Health will be responsible for strategic leadership of both the health and social care systems, but will no longer be the headquarters of the NHS, nor will it directly manage any NHS organisations.

Report 2014-ECSS:

The Care Act

The Care Act[21], which received Royal Assent in May 2014, introduced changes in relation to:

·          social care legislation - delivering the Dilnot funding reforms, which will come into force in April 2016, (introducing a cap on the costs individuals will have to pay for their care, introducing deferred payment agreements so that people won’t have to sell their homes to pay for care in their lifetimes), introducing a national eligibility threshold for care and support, prioritising people’s wellbeing and the outcomes they want to achieve, requiring local authorities to help prevent and reduce needs for care and support, introducing stronger rights for carers, and putting adult safeguarding arrangements on a statutory footing;

·         the quality of care - helping deliver key elements of the Government’s response[22] to the Francis Report into events at Mid-Staffordshire NHS Foundation Trust, including a ratings system for hospitals and care homes, enabling failures in quality to be dealt with as effectively as financial failures, and creating a new offence for providing false or misleading information; and

·         the integration of health and social care - the Act facilitates a fund and mandates shared budgets between local authorities and the local NHS for the purposes of integrated health and social care.

See Annex 1. Additional information reported on Part II. Medical Care and Part III. Sickness Benefit

Ø II - 2. Contingencies covered

Article 8. C102 and ECSS

The contingencies covered shall include any morbid condition, whatever its cause, [PNL?] and pregnancy and confinement and their consequences.

Ø


ILO Comments: please confirm that medical care is provided for “any morbid condition, whatever its cause,” and that the national legislation contains no limitations in this respect (for example, in case of attempted suicide, intoxication by alcohol or drugs, participation in a fight etc.).

In the 2012 Health and Care Act, the National Health Service (NHS) provides health care including the prevention, diagnosis and treatment of physical and mental illness (Section 1) and puts into legislation the importance of the NHS Constitution (See Chapter A1, Clause 13D of the Health and Social Care Act 2012). The NHS Constitution establishes the principles and values of the NHS, setting out rights which patients, public and staff are entitled to ensure that the NHS operates fairly and effectively. This means that any patient in need of medical care and attention receives this from the NHS regardless of the morbid condition such as self-inflicted incidents that led to the person seeking medical assistance in the first instance.

Ø II - 3. Persons protected

§1(c) Article 1 C102, §1(f) Article 1 ECSS

The term wife means a wife who is maintained by her husband.

Article 9. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees, and also their wives and children; or

 (b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents, and also their wives and children; or

(c) prescribed classes of residents, constituting not less than 50 per cent of all residents.

Report 2016-ECSS, Report 2016-C102:

Resident population

ONS Population estimates[23] for mid year 2015 - United Kingdom

All ages                    Persons 65.1millions

                                   Males 32.1m

                                   Female 33.0m

Definition of resident population:

The estimated resident population of an area includes all people who usually live there, whatever their nationality. People arriving into an area from outside the UK are only included in the population estimates if their total stay in the UK is 12 months or more. Visitors and short-term migrants (those who enter the UK for 3 to 12 months for certain purposes) are not included. Similarly, people who leave the UK are only excluded from the population estimates if they remain outside the UK for 12 months or more. This is consistent with the United Nations recommended definition of an international long-term migrant. Members of UK and non-UK armed forces stationed in the UK are included in the population and UK forces stationed outside the UK are excluded. Students are taken to be resident at their term time address.

Ø II - 4. Types of Benefit

§1. Article 10. C102 and ECSS

The benefit shall include at least:

(a) in case of a morbid condition,

(i) general practitioner care, including domiciliary visiting; [PNL?]

(ii) specialist care at hospitals for in patients and out patients, and such specialist care as may be available outside hospitals;

(iii) the essential pharmaceutical supplies [PNL?] as prescribed by medical or other qualified practitioners; and

(iv) hospitalisation where necessary; and

(b) in case of pregnancy and confinement and their consequences,

(i) pre natal, confinement and post natal care [PNL?] either by medical practitioners or by qualified midwives; and

(ii) hospitalisation where necessary.

ILO Comments:  please confirm that general practitioner care includes domiciliary visiting and explain how the list of “the essential pharmaceutical supplies” is established in the UK.

RF/C102/ECSS: please state in detail the nature of the benefits provided under each scheme concerned, with reference to paragraph 1 of this Article, specifying, more particularly, the pharmaceutical supplies provided, the service provided in case of hospitalisation and the medical rehabilitation measures available.  

Report 2015-ECSS:

Updates on Department of Health policies are available via the following links:

Department of Health policies

·         Cancer research and treatment

[Where is located pre-natal, confinement and postnatal care?]

Report 2016-ECSS:

Statistics

Details of Statistics & data collections, during the reporting period, on the subjects set out below can be viewed via the following link:

http://www.ic.nhs.uk/statistics-and-data-collections

Audits and performance: (complaints; ambulance response times; quality and outcomes framework and clinical audits);

Health and lifestyles: (alcohol consumption, drug misuse, smoking, contraception, physical activity, diet, diabetes and mental health and other surveys).

Hospital care: (cancer, coronary heart disease and maternity and also hospital and outpatient activity).

Mental health: (NHS specialist mental health services, uses of the Mental Health Act 1983 and other related information).

Population, geography and international: (neighbourhood, international, public health and population statistics).

Primary care:(GPs, dentists, opticians, pharmacies and prescribed drugs, plus pay and expenses information).

Screening: (includes statistics on breast and cervical cancer screening).

Social care:(Adult social care, carer support, learning disability, older people, disability, children’s social services and user surveys).

Workforce: (information on the NHS and social care workforce including vacancies, turnover, sickness and absence).

2018 additional information

Domiciliary visiting

In England, GPs provide primary medical services under contracts with NHS England.  Under these arrangements, GP practices are required to provide services to patients at their home where, in the GP’s opinion, the patient’s medical condition requires them to be seen by a GP and it would be inappropriate for the patient to go to the GP practice.

The practice also has the option of treating a patient at alternative premises, as have been agreed with NHS England, or another place in the practice area. 

Further information can be found in Schedule 3 of The NHS (General Medical Services Contracts) Regulations 2015 – SI2015/1862 http://www.legislation.gov.uk/uksi/2015/1862/pdfs/uksi_20151862_en.pdf

Similar provisions are also contained in the regulations relating to the provision of primary medical services in Wales, Scotland and Northern Ireland – links to relevant legislation is included below for reference.

Links to regulations applying to the provisions in Wales, Scotland and Northern Ireland are: 

Wales: Schedule 6, paragraph 3, of The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 – SI 2004/478 (W.48)

 http://www.legislation.gov.uk/wsi/2004/478/pdfs/wsi_20040478_en.pdf

Scotland: Schedule 6, paragraph 4, of The National Health Service (General Medical Services Contracts (Scotland) Regulations 2018 – SI 2018/66

http://www.legislation.gov.uk/ssi/2018/66/pdfs/ssi_20180066_en.pdf

Northern Ireland: Schedule 5, paragraph 3, of The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) – SI 2004/140

http://www.legislation.gov.uk/nisr/2004/140/pdfs/nisr_20040140_en.pdf

Essential pharmaceutical supplies

The UK does not have an Essential list of medicines and are unable to refer to any list. Additionally the MHRA (Medicines and Healthcare products Regulatory Agency), which regulates medicines, medical devices and blood components for transfusion in the UK, are not aware of a readily available list which is considered as ‘essential pharmaceutical supplies’ or a list of this kind in the UK.

The Department of Health and Social Care (DHSC) advises that the UK does have an Essential Medicines Buffer Stockpile (EMBS). However, this stockpile list was drawn up with the primary purpose of supporting the NHS in the event of an influenza pandemic.

Essential Medicines Buffer Stockpile (EMBS)-  Department of Health and Social Care (DHSC) stockpile

In the event of a pandemic or other health emergency it is likely that medicines supply may be disrupted. Supply disruptions could put an additional burden on the health system. As part of ongoing going strategic work to ensure the continuity of medicine supplies and to ensure that supplies of medicines are available within the UK to respond to supply disruptions caused by pandemics or other emergencies, DHSC owns an Essential Medicines Buffer Stockpile (EMBS), which was first set up in 2009. The purpose of the stockpile is to have medicines that are routinely used in the NHS, available for release into the UK supply chain in the event of pandemic or other health emergency. The current EMBS contract was finalised in November 2015 and runs for 4 year to November 2019.

What medicines are in the EMBS

The EMBS supports the NHS in the event of an influenza pandemic or other emergency by ensuring the continued availability of a large number of medicines to treat (1) conditions that are exacerbated by flu and (2) conditions that would lead to hospitalisations and deaths in case of major supply disruptions. The current list of medicines in the stockpile was based on the WHO essential medicines list, the Y2K list and was then customised with the help of National Clinical Directors and others to reflect NHS usage and to identify the key medicines required to keep people well and avoid hospitalisations or deaths during an influenza pandemic. These medicines cover a wide range of therapeutic areas including cardiovascular drugs, diabetes drugs, mental health drugs, pain killers and oncology drugs, but they do not include the clinical countermeasures, which are stocked in the pandemic influenza preparedness stockpile There are approximately 500 medicines listed and the volumes required are based on a three months provision for the UK.

Pre-natal, confinement and post-natal care

The National Health Service Act 2006(www.legislation.gov.uk/ukpga/2006/41/pdfs/ukpga_20060041_en.pdf)

The National Health Service Act 2006 placed a duty on the Secretary of State with regard to maternity care, this legislation covers pre-natal, confinement and postnatal care.

The following can be found on Page 2 of the NHS Act 2006:

(3)Secretary of State’s duty as to provision of certain services:

The Secretary of State must provide throughout England, to such extent as he considers necessary to meet all reasonable requirements—

(d) such other services or facilities for the care of pregnant women, women who are breastfeeding and young children as he considers are appropriate as part of the health service,

The provisions in the Health and Social care Act 2012 (http://www.legislation.gov.uk/ukpga/2012/7/pdfs/ukpga_20120007_en.pdf ) ensure that these functions continue.  Clauses 9 and 10 are the provisions which ensure that the services and facilities for the care of pregnant women, breastfeeding women and young children required to be provided now in accordance with section 3(1)(d) of the 2006 Act, would continue to be provided as a part of the health service.

Midwifery and maternity services are regulated activities.  Information on midwifery regulation is available from the Nursing and Midwifery Council https://www.nmc.org.uk/about-us/policy/projects-were-involved-in/changes-to-midwifery-regulation/

The Employment Rights Act 1996 covers legislation on the right to time off for antenatal care.

The Equality Act 2010 makes pregnancy and maternity discrimination unlawful.  The charity, Birthrights (www.birthrights.org.uk ) may be helpful.  They have resources that outline how the European Convention on Human Rights and other human rights based conventions and laws apply to pregnant women and maternity care.

Maternity Action has information on entitlement to free NHS maternity care for women from abroad and charging. https://www.maternityaction.org.uk/about-us/

ØII - 5. Cost-sharing

§2. Article 10. C102 and ECSS

The beneficiary or his breadwinner may be required to share in the cost of the medical care the beneficiary receives in respect of a morbid condition; the rules concerning such cost-sharing shall be so designed as to avoid hardship.

Report 2011-ECSS, Report 2011-C102:

The National Health Service (NHS) is a comprehensive service available to all, free at the point of use and based on clinical need, not the ability to pay.

Database of the MISSOC:

Payment of doctor

For hospital treatment:

Treatment is free to those people who are ordinarily resident in the UK or exempt from charges under the NHS (Charges to Overseas Visitors) Regulations 2011. Anyone else is liable for the full cost of any treatment provided.

Official website of the UK Government

Ordinarily resident

Ordinarily resident means you normally live in the UK, and plan to stay here for the time being. When the Tax Credit Office decides if you’re ordinarily resident in the UK they’ll look at things like:

·         where your settled home is

·         where your close family live

·         why you came to the UK

·         if you plan to leave the UK permanently in the next 2 or 3 years

Patient charges

No charge to patients ordinarily resident in the UK or charge-exempt overseas visitors, except where the patient asks for special amenities or for extra treatment which is not clinically necessary.

Dental care

There are three standard charges for NHS dental treatment – GBP 18.80 (€25), GBP 51.30 (€70) or GBP 222.50 (€301), depending on treatment required.

No charge for:

·         women who are pregnant, or who have had a baby in the preceding 12 months, when the course of treatment starts;

·         people under 18;

·         those aged 19 or under and in full-time education;

·         people and their partners who are receiving Income-related Employment and Support Allowance (ESA), Income Support or Income-based Jobseekers' Allowance, or Pension Credit Guarantee Credit;

·         people named on a Tax Credit NHS Exemption Certificate or a valid HC2 certificate.

·         People on a low income may be able to get help with the cost of treatment.

Dental treatment in the hospital and Community Dental Services may incur a charge depending on the type of treatment carried out.

Pharmaceutical products

Charge of GBP 8.05 (€11) per prescribed item.

An annual (or 3 months) prescription prepayment certificate can be bought which offers considerable savings to those who need regular medication. The cost of the certificate is GBP 104.00 (€141) (England) for one year and GBP 29.10 (€39) (England) for 3 months.

There is no charge for children under 16, people aged 16-18 and still in full-time education, people aged 60 or over, pregnant women and women who have given birth in the last 12 months, War Pensioners (for their accepted disability), people and their partner receiving Income Support or income-based Jobseekers' Allowance, income-based Employment and Support Allowance, Pension Credit Guarantee Credit, or Tax Credit (and named on a Tax Credit NHS Exemption Certificate), or named on valid HC2 certificate, some other people on low incomes, and people suffering from specified conditions.

RF/C102/ECSS: If the scheme provides for the reimbursement of the expenses which the beneficiary or the breadwinner was obliged to incur in order to obtain the benefits stipulated in paragraph 1 (b) please furnish any available information to show that the beneficiary or her breadwinner does not share in the cost of such benefits. 

Prosthesis, spectacles, hearing-aids

Vouchers available to help with purchase of spectacles for certain groups: to children under 16 or under 19 and still in full-time education, or people (and their partner) getting Income-related Employment and Support Allowance (ESA) or Income Support or Income-based Jobseekers' Allowance or Pension Credit Guarantee Credit or receiving Tax Credits and meet qualifying conditions, or those on a low income and named on a valid HC2 (full help) or HC3 (partial help) certificate and those who require complex lenses.

No charge for sight tests for the above categories, plus people aged 60 or over, those registered blind or partially sighted, those diagnosed with diabetes or glaucoma, those aged 40 or over and the brother, sister, parent or child of a person diagnosed with glaucoma, and those advised by an ophthalmologist that they are at risk of glaucoma.  Others pay privately.

Hospital Eye Service patients get free sight tests and possible help towards the cost of glasses or contact lenses. War Pensioners can claim back the cost of treatment (for their accepted disability).

Prosthesis,  sight testing, spectacles and hearing aids. No charge for provision and fitting of National Health Service appliances.

Ø II - 6. Objectives of Medical Care

§3. Article 10. C102 and ECSS

The benefit provided in accordance with this Article shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.

Report 2011-ECSS, Report 2011-C102:

The National Health Service Reform (as mentioned above in the “Regulatory Framework”) is designed to help deliver the objective of a health service that achieves outcomes amongst the best in the world.

The reforms consist of three mutually-reinforcing parts:

•   Putting patients at the heart of the NHS: transforming the relationship between citizen and service through the principle of no decision about me without me;

•   Focusing on improving outcomes: orientating the NHS towards focusing on what matters most to patients – high quality care, not narrow processes;

•   Empowering local organisations and professionals, with a principle of assumed liberty rather than earned autonomy, and making NHS services more directly accountable to patients and communities.

Ø II - 7. Promotion of the general health service

§4. Article 10. C102 and ECSS

The institutions or Government departments administering the benefit shall, by such means as may be deemed appropriate, encourage the persons protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

See under Part II-1. Regulatory framework.

II - 8. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS

Ø The term qualifying period means a period of contribution, or a period of employment, or a period of residence[PNL?], or any combination thereof, as may be prescribed.

Article 11. C102 and ECSS

The benefit specified in Article 10 shall, in a contingency covered, be secured at least to a person protected who has completed, or whose breadwinner has completed, such qualifying period as may be considered necessary to preclude abuse. [???]

ILO Comments: what qualifying period of residence or stay in the country is established for the entitlement to medical care?

Residence requirements for access to healthcare

Eligibility for the free National Health Service is based on the concept named ‘ordinary residence’. This means that the person’s residence must be lawful, adopted voluntary, and for settled purposes as part of the regular order of their life for the time being, whether of short or long duration. Nationals of countries outside the European Economic Area must additionally have indefinite leave to remain in the UK to qualify as ordinarily resident. Nationals of EEA countries who are visiting the UK on a temporary basis or to pursue a course of study, and who are insured by their resident state, should present a valid European Health Insurance Card (EHIC) or a Provisional Replacement Certificate (PRC) from that country to access the free medically necessary treatment.

Ø II - 9. Minimum duration of Benefit

Article 12. C102 and ECSS

The benefit specified in Article 10 shall be granted throughout the contingency covered [PNL?], except that, in case of a morbid condition, its duration may be limited to 26 weeks in each case, but benefit shall not be suspended while a sickness benefit continues to be paid, and provision shall be made to enable the limit to be extended for prescribed diseases recognised as entailing prolonged care.

Database of the MISSOC:Duration of benefits: no specific limits.

NHS England advises that there is no time limit for which a patient can access NHS care in England. In exceptional circumstances a hospital may seek a court order to discharge a patient who does not want to be discharged, when they are medically fit.  Such situations are very rare however, and this is handled on a case by case basis by the trust.  Similarly there are no prescribed time limits for access to medical care in Wales. We have not received a response from Scotland or Northern Ireland yet. A further update will be provided when this information is received.

Ø II - 10. Suspension of Benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

RF/C102/ECSS:  please, provide information on the application of this Article.

Entitlement to NHS services is centred on the UK’s residency-based healthcare system. Both Ordinarily Resident and Non-Ordinarily Resident persons are able in law to access the NHS. Non-Ordinarily Resident visitors however can be subject to a charge for using the NHS, unless an exemption applies. If an individual is entitled to NHS care, access to treatments will be subject to the treatments and services are available locally as well as the eligibility criteria set for these services.  In specific circumstances, NHS treatment can be suspended if the treating clinician believes it is medically inappropriate to continue treatment  for a patient, this occurs on a case by case basis with decisions made on the basis of medical appropriateness.

Ø  II - 11. Right of complaint and appeal

Article 70. C102, Article 69. ECSS

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention (Code) a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

RF/C102/ECSS:

1 . Please state, for each Part accepted and for each scheme concerned, whether every claimant has a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity, as stipulated in paragraph I of this Article. Please summarise the rules which apply in the case of an appeal.

2. Please state whether recourse is had to paragraph 2 of this Article and, if so, what measures are taken to ensure that every person protected has the right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

Should a person wish to complain about any aspect of NHS care, treatment or services, they have the right to do this under the NHS constitution and can do so by following the complaints procedure at their local NHS (i.e. hospital, GP surgery, etc.).

Ø II - 12. Financing and Administration

Article 71. C102, Article 70. ECSS

1. The cost of the benefits provided in compliance with this Convention (Code) and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member (Contracting Party) and of the classes of persons protected.

2. The total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children. For the purpose of ascertaining whether this condition is fulfilled, all the benefits provided by the Member (Contracting Party) in compliance with this Convention (Code), except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.

3. The Member (Contracting Party) shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention (Code), and shall take all measures required for this purpose; it shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

2. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

See under Part XIII-3-

Report 2016-ECSS, Report 2016-C102:

Legislative Changes

2012

1. The Health and Social Care Act 2012 introduced a new structure to the NHS, including setting up the NHS Commissioning Board, known as NHS England.

2. From April 2013, NHS England became responsible for the commissioning of NHS primary medical services in England.

3. In October 2014, the NHS Five Year Forward View was published. This sets out a vision for the future of the NHS and included new models of care, [???] setting out proposed models that reflect the different structures, populations and localities. This is important, as the diversity of the NHS will not lend itself to a “one size fits all” model. Government is making £200 million available to pilot some of the new models of care set out in the Five Year Forward View.

4. On 21st April 2016, NHS England published the GP Forward View, a package of support to help get general practice back on its feet, improve patient care and access, and invest in new ways of providing primary care.

5. The GP Forward View sets out that we are investing an extra £2.4 billion a year for general practice services by 2020/21 – this represents a 14% increase in real terms. The overall investment for general practice includes a £500 million national 'turnaround' package to support GP practices.

6. This is part of a wider package of support for general practice, which contains measures to help boost the workforce, drive efficiencies in workload and modernize primary care infrastructure and technology.

7. The table below shows investment in general practice in England from 2010/11 to 2014/15.

Finance Monitoring: England

2010/11 Outturn £000s

2011/12 Outturn £000s

2012/13 Outturn £000s

2013/14 Outturn £000s

2014/15 Outturn £000s

Total payments for essential & additional services

4,372,287

4,366,855

4,370,320

4,478,229

4,792,294

Quality & Outcomes Framework

1,095,532

1,141,612

1,191,498

1,057,418

664,456

Total other payments

1,286,251

1,333,831

1,376,502

1,528,803

1,682,684

Total Enhanced Services

789,079

764,420

751,364

849,928

1,013,497

Total Net of Dispensing

7,543,149

7,606,718

7,689,684

7,914,378

8,152,931

Total Investment Excluding Reimbursement of Drugs

7,708,548

7,774,469

7,863,838

8,093,357

8,336,207

TOTAL NHS SPEND

8,349,528

8,397,044

8,459,261

8,689,883

8,938,743

TOTAL SPEND

8,349,528

8,397,044

8,459,261

8,766,110

9,001,046

8. Changes to the structure of the NHS in April 2013 mean that some areas of funding are not directly comparable. All figures, unless clearly stated as provisional, are based on actual reported spend.

9. Since 2013/14 Investment in Public Health by Local Authorities has moved from PCT to Local Authority control. NHS Health Checks for 40-70 year olds were part of Local Authority Public Health responsibilities from 2013/14 onwards.

10. Details of the Prime Minister’s Challenge Fund, now known as the Prime Minister’s GP Access Fund, can be found at: https://www.england.nhs.uk/ourwork/futurenhs/pm-ext-access/

United Kingdom

11. The report ‘Investment in General Practice 2010/11 to 2014/15 for England, Wales, Northern Ireland and Scotland’5 sets out detail of investment in general practice throughout the whole of the United Kingdom and is available through the Information Centre for health and social care website.

12. For the period 2014/15

·         £9,001.0m in England, compared to £8,766.1m in 2013/14 (an increase of 2.68 per cent).

·         £478.1m in Wales, compared to £475.7m in 2013/14 (an increase of 0.50 per cent).

·         £255.2m in Northern Ireland, compared to £249.9m in 2013/14 (an increase of 2.12 per cent).

·         £809.9m in Scotland, compared to £802.9m in 2013/14 (an increase of 0.88 per cent).

·         £10,544.3m in the UK, compared to £10,294.6m in 2013/14 (an increase of 2.43 per cent).

Report 2012-ECSS:

Default to digital

DWP is looking to ways of encouraging claimants and customers to make more use of online services; thereby freeing staff time for people who need it most.

The Department wants claimants and customers to use online services as a first choice. To help make this happen, DWP Online Services Division (OSD) has launched an Operational Channel Shift plan. This sets out the challenges of encouraging claimants and customers to make more use of online services and how staff can support them to go digital.

The plan sets out:

•   the challenges faced in being an organisation that is ‘Digital by default’;

•   how DWP aims to meet the challenges; and

•   what every member of staff can do to support the aims.

This plan will be updated as DWP prepares for the introduction of Personal Independence Payment and Universal Credit. As more online services become available the plan will be updated to reflect this, so that DWP is ready and able to use those services as effectively as possible.

Part III. Sickness Benefit

The United Kingdom has accepted the obligations resulting from C24, C25, Part III of C102 and Part III of the ECSS.

Category

Full compliance

Request of information

insufficient information

 no or very little information

III-1. Regulatory framework

Ø Art.13 C102/ECSS 

Art.1 C24/C25

III-2. Contingencies covered

Ø Art.14 C102/ECSS

Art.2(1) C24/C25

III-3. Persons Protected

Ø Art.15 C102/ECSS

III-4. Level and Calculation of Benefit

*         Bildergebnis für знак проезд запрещен 

Art.16 C102/ECSS

III-5. Qualifying period

Дорожный-знак Art.17 C102/ECSS

      Art.3(2) C24/C25

III-6. Minimum duration of Benefit

Ø Art.18 C102/ECSS

Art.3(1) C24/C25

 

III-7. Medical Care

Ø Art.4,5 C24/C25

III-8. Suspension of Benefit

Art.69 C102

 Art.68 ECSS Art.3(3,4) C24/C25

III-9. Right of complaint and appeal

Ø Art.70 C102, Art.69 ECSS

Art.9 C24, Art.8 C25

 

III-10. Financing and Administration

Ø Art.71,72  C102

Art.70,71 ECSS

             Art.6,7 C24/C25

List of applicable legislation

2018

·         Universal Credit Regulations 2013 and ‘Welfare Reform and Work Act 2016 http://www.legislation.gov.uk/ukdsi/2013/9780111531938/contents http://www.legislation.gov.uk/ukpga/2016/7/contents/enacted.   

Ø III - 1. Regulatory framework

Article 1. C24

Each Member of the International Labour Organisation which ratifies this Convention undertakes to set up a system of compulsory sickness insurance which shall be based on provisions at least equivalent to those contained in this Convention.

Article 1. C25

Each Member of the International Labour Organisation which ratifies this Convention undertakes to set up a system of compulsory sickness insurance for agricultural workers, which shall be based on provisions at least equivalent to those contained in this Convention.

Article 13. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of sickness benefit in accordance with the following Articles of this Part.

Universal Credit

The UK welfare system is made up of social security benefits and social assistance measures that together provide a welfare safety net protecting the most vulnerable in society. Universal Credit (UC) is a universal social assistance measure that supports those who can work into work by providing a minimum level of subsistence, and cares for those who cannot work, in line with the UK’s view that work is the most effective route out of poverty. For the purposes of the Code it is considered a social assistance benefit. UC replaces the previous complex system of six main benefits (Income-based Jobseeker’s Allowance, Income-based Employment and Support Allowance, Income Support, Working Tax Credit, Child Tax Credit, Housing Benefit) with one simple monthly payment, the same way that many working people are paid.

Universal Credit supports people who are on a low income or out of work and helps to ensure that they are better off in work than on benefits. It provides claimants with the support they need to prepare for work, move into work, or to earn more if already in work. In return, claimants need to accept a Claimant Commitment following a conversation with their work coach. The Claimant Commitment sets out what the claimant has agreed to do to prepare for and look for work, or to increase their earnings if already employed. It is based on the claimant's personal circumstances and is reviewed and updated on a regular basis.

Ø III - 2. Contingency covered

Article 14. C102 and ECSS

The contingency covered shall include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations.

Statutory Sick Pay

Universal Credit

Universal Credit (UC) is a universal social assistance measure that supports those who can work into work, and cares for those who cannot work by providing a minimum level of subsistence, in line with the UK’s view that work is the most effective route out of poverty. There are five basic conditions of entitlement to Universal Credit: to be 18 years or over (with some exceptions); to be under Pension Credit age (with some exceptions); to be a resident of Great Britain; to not be in full-time education (with some exceptions); and to have accepted a claimant commitment.

Lower age limit

As in the current system of benefits and tax credits, the lower age limit for entitlement to Universal Credit is usually 18 years. This is because 16 and 17 year olds should usually be in education or training and be supported by their parents. Where appropriate, Universal Credit provides financial support for most 16 and 17 year-olds via the child element awarded to their parents. As in the current system there are exceptional circumstances where 16 and 17 year olds can claim Universal Credit in their own right. There is no direct entitlement to Universal Credit for children under the age of 16. If one member of a couple is ineligible for Universal Credit because they are under the age of 18 years, then they are not included in the calculation of entitlement. However, any capital, income or earnings that they have is still taken into account.

Upper age limit

The upper age limit for Universal Credit is the qualifying age for Pension Credit. The State Pension age for men and women is currently different: the ages will be equalised by 2018. The Pension Credit qualifying age will rise in line with the women’s State Pension age. Couples with one person over Pension Credit qualifying age can currently choose to claim either Pension Credit or Universal Credit. We plan to restrict entitlement to Pension Credit to take effect when Universal Credit is available nationally for all new claims. This will ensure that the working age partner receives the right support and incentives to move into work and where appropriate they are required to meet work related conditions. Existing couples who are already claiming Pension Credit are not affected and will continue on that benefit while their circumstances remain the same.

Resident in Great Britain

Universal Credit is paid only for people who are living in Great Britain. A person meets the entitlement condition if they are: present in Great Britain; have a qualifying right to reside; and are factually habitually resident in the United Kingdom, the Channel Islands, Isle of Man, or the Republic of Ireland (known as the ‘Common Travel Area’).

In certain circumstances, an adult whose particular form of employment means they are temporarily absent from Great Britain, is to be treated as still resident for Universal Credit purposes. This includes mariners and people working on continental shelf operations. It also includes members of the armed forces on active service outside Great Britain.

Where a claimant has an award of Universal Credit, we allow a temporary period of absence abroad of up to one month for any reason. We also allow a longer period of up to six months temporary absence abroad for reasons of medical treatment. During this time Universal Credit is payable as normal.

If one member of a couple is ineligible for Universal Credit because they are not resident in Great Britain then they are not included in the calculation of entitlement. However, any capital, income or earnings that they have is still taken into account.

Education: Exclusions and Exemptions

As in the current benefit system, the majority of people in full-time education are not entitled to Universal Credit. There are a number of exceptions which are broadly similar to the current rules in the income-related benefits and tax credits. Universal Credit provides support for young people in full-time non-advanced education through the child element paid to their parents. This can continue to be paid up to the August following their 19th birthday. These arrangements are the same as those that currently apply in Child Tax Credit. For non-advanced education only, a young person without parental support is able to qualify for Universal Credit up to the age of 21 years or the end of the academic year in which they reach the age of 21 years.  Primary financial support for students comes from the student support system, which is designed for their needs, unlike the social security system. It is important that Universal Credit does not duplicate this support and that is why students cannot normally satisfy the conditions of entitlement.

An exception is made for students with children because the student support system has no equivalent of the child element in Universal Credit, in recognition of the fact that they currently get help through Child Tax Credit and Housing Benefit both of which will be abolished when Universal Credit is introduced. Students who are foster parents are also entitled to Universal Credit.

Other exceptions provide help with specific circumstances also not covered by the student support system or avoid anomalies in cases where one member of a couple is a student.

The other exceptions specified in Regulations are:

·         disabled students who are entitled to Disability Living Allowance or Personal Independence Payment and have limited capability for work;

·         students who have reached the qualifying age for Pension Credit or where their partner is under that age.

Any grant or loan income received is taken into account in the calculation of the Universal Credit award. Where students are not eligible for a grant or loan, conditionality requirements are usually not relaxed unless the course is accepted as meeting their work preparation requirements.

Claimant Commitment

All claimants must accept a Claimant Commitment as a condition of entitlement. Couples living in the same household make a joint claim for Universal Credit and each have their own Claimant Commitment. Where a claimant is physically or mentally unable to accept a Claimant Commitment and this is unlikely to change, or it would be unreasonable to expect them to do so due to terminal illness, we will waive the requirement to accept a Claimant Commitment.

Other Restrictions

Even if the normal entitlement conditions are met there is no entitlement to Universal Credit where a person is:

·         a member of a religious order fully maintained by their order;

·         a prisoner (except to the extent that support is provided for a temporary period for housing costs where period in custody is likely to be less than six months); and

·         serving a sentence of imprisonment and detained in hospital.

These exclusions apply because these categories of people are maintained from other sources and therefore have no need to rely on benefits. These rules broadly mirror current rules in the income-related benefits.

Apprenticeships

People aged 18 or over on apprenticeships will be eligible for Universal Credit if they satisfy the normal conditions of entitlement. Young people aged 16 and 17 will not normally be able to claim Universal Credit, but there are some limited exceptional circumstances where they may do so, for example where they themselves are responsible for a child, have limited capability for work or are without parental support.

 III - 4. Level and Calculation of Benefit

Article 16. C102 and ECSS

1. Where classes of employees or classes of the economically active population are protected, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66[24].

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67; [provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of persons determined in accordance with Article 15. a or b - ECSS].

Universal Credit

Universal Credit is provided for those who do not have assets available to meet their basic needs. While it is important to protect the incentive to save for claimants on low earnings, people with substantial capital must take responsibility for their own support. All income, savings and capital either in the UK or abroad of the couple, must be taken into account when calculating the adjusted award for UC.  UC broadly follows the capital rules from legacy means-tested benefits e.g. Income Support and extends them to the customer group who would previously have claimed Tax Credits. People with capital of £16,000 or more who are entitled to Tax Credits before migrating to UC will receive transitional protection to protect their cash income at the point of change. The upper capital limit is £16,000. Beyond that point the claimant(s) will not be entitled to UC. Capital of £6,000 and under will be disregarded completely.

Universal Credit also improves work incentives by introducing a smoother, more transparent reduction of benefits at a consistent and predictable rate when people move into work and increase their earnings. A single taper of 63 per cent per £1 is applied as earnings rise and some claimants will also receive a work allowance, depending on their circumstances.

Universal Credit payment is made up of a standard allowance and any extra amounts that apply, for example if an individual:

·         has children

·         has a disability or health condition which prevents them from working

Calculation of the level of social assistance

For the purposes of establishing the level of social assistance received, in the form of Universal Credit, by the standard beneficiary in accordance with Article 67 of the Code the reference wage has been calculated as the median gross weekly earning (excluding overtime) for full-time male employees who are classified as unskilled labourers in the manufacture of machinery other than electrical machinery (SOC 91 and SIC 28). The 2018 reference wage has been calculated using the Annual Survey of Hours and Earnings (ASHE) 2014-2015[25] and has been updated according to earnings growth. For the purposes of the calculation of the level of social assistance, the reference wage is £371.91 per week or £1616.07 per month.

Due to its status as a social assistance measure that supports those who can work into work, and cares for those who cannot work by providing a minimum level of subsistence, the calculation of the Universal Credit award takes into account a number of variables that are not accounted for in the Code such as the level of savings and the housing costs of the standard beneficiary. Universal Credit is also awarded on a monthly rather than a weekly basis. To account for these differences the amount of Universal Credit payable to the standard beneficiary has been calculated for a number of scenarios and the figures provided for a monthly award.

(1)  Couple with 2 children with no savings and no rent – replacement rate of 71%

a.       UC Award: £962

b.       Child Benefit award: £150

c.       Net Income: £1,112

(2)  Couple with 2 children with no savings and the lowest Local Housing Allowance rate (£85pw) – replacement rate of 91.6%

a.       UC Award: £1,332

b.       Child Benefit award: £150

c.       Net Income: £1,481

(3)  Couple with 2 children, not working, no savings, highest Local Housing Allowance rate (£365.09pw) – replacement rate that is 18% higher than the reference wage

a.       UC Award: £1,767

b.       Child Benefit award: £150

c.       Net Income: £1,917

Ø III - 5. Qualifying period

§2. Article 3 C24 and C25

The payment of this benefit may be made conditional on the insured person having first complied with a qualifying period and, on the expiry of the same, with a waiting period of not more than three days.

§1(f) Article 1 C102, §1(i) Article 1 ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 17. C102 and ECSS

The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

Statutory Sick Pay

Universal Credit

There is no qualifying period of contributions for Universal Credit. We assess and pay Universal Credit monthly. It is paid in arrears for each calendar month and the amount is the same each month. Universal Credit is paid in a single monthly sum which helps households plan their budget, easing the transition to work. We calculate the impact of earnings on the UC payment in a fair and easy to understand way.  We also need to make sure we treat people in the same way. Universal Credit legislation means earnings are taken into account in the same Assessment Period (AP) that we are notified of these earnings.  We also take into account any final earnings when we work out how much Universal Credit someone is entitled to.  Because Universal Credit is an online system, the next monthly payment will adjust automatically to take into account that month's circumstances.

Ø III - 6. Minimum duration of Benefit

§1. Article 3. C24 and C25

An insured person who is rendered incapable of work by reason of the abnormal state of his bodily or mental health shall be entitled to a cash benefit for at least the first twenty-six weeks of incapacity from and including the first day for which benefit is payable.

Article 18. C102 and ECSS

The benefit specified in Article 16 shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks in each case of sickness, [in which event it – C102] need not be paid for the first three days of suspension of earnings.

Universal Credit

Details on the waiting period

All claimants are eligible for Universal Credit from the first day they claim it, (subject to satisfying the conditions of entitlement).   

Ø III - 7. Medical Care

Article 4. C24 and C25

1. The insured person shall be entitled free of charge, as from the commencement of his illness and at least until the period prescribed for the grant of sickness benefit expires, to medical treatment by a fully qualified medical man and to the supply of proper and sufficient medicines and appliances.

2. Nevertheless, the insured person may be required to pay such part of the cost of medical benefit as may be prescribed by national laws or regulations.

3. Medical benefit may be withheld as long as the insured person refuses, without valid reason, to comply with the doctor's orders or the instructions relating to the conduct of insured persons while ill, or neglects to make use of the facilities placed at his disposal by the insurance institution.

Article 5. C24 and C25

National laws or regulations may authorise or prescribed the grant of medical benefit to members of an insured person's family living in his household and dependent upon him, and shall determine the conditions under which such benefit shall be administered.

See under Part II. Medical Care

Ø III - 8. Suspension of Benefit

§3§4. Article 3. C24 and C25

3. Cash benefit may be withheld in the following cases:

(a) where in respect of the same illness the insured person receives compensation from another source to which he is entitled by law; benefit shall only be wholly or partially withheld in so far as such compensation is equal to or less than the amount of the benefit provided by the present Article;

(b) as long as the insured person does not by the fact of his incapacity suffer any loss of the normal product of his labour, or is maintained at the expense of the insurance funds or from public funds; nevertheless, cash benefits shall only partially be withheld when the insured person, although thus personally maintained, has family responsibilities;

(c) as long as the insured person while ill refuses, without valid reason, to comply with the doctor's orders, or the instructions relating to the conduct of insured persons while ill, or voluntarily and without authorisation removes himself from the supervision of the insurance institutions.

4. Cash benefit may be reduced or refused in the case of sickness caused by the insured person's wilful misconduct.

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

Universal Credit

Criteria for suspension of UC

The Claimant Commitment has been designed to support robust monitoring. The Claimant Commitment helps focus a claimant on their work related requirements, including where appropriate, proactive, work-search that treats looking for work as a full time activity and sets the right foundation ahead of Universal Credit’s smoother, clearer, and more stable incentives to work. Sanctions are a key part of Universal Credit, however are only used in a small minority of cases when someone has failed to meet the requirements without good reason. Sanctions encourage claimants to always do what is reasonable to look for work, increase hours worked or increase their pay. They also ensure claimants experience the consequences of a failure to meet requirements. Jobcentre staff will ask claimants for the reasons for failure to take an action, such as attending an interview, which could lead to a sanction. The decision on whether to apply a sanction is made by a trained decision maker. There is no definitive list as to what circumstances amount to good reason when considering failure to meet a requirement. Claimants have the right to appeal any decision where they are unhappy.

Claimant Commitment

All claimants must accept a Claimant Commitment as a condition of entitlement. Couples living in the same household make a joint claim for Universal Credit and each have their own Claimant Commitment. For the first time, claimants’ obligations are recorded in one place, clarifying both what people are expected to do in return for benefits and support, and exactly what happens if they fail to comply. If a claimant disagrees with any work search or availability requirements detailed in their Claimant Commitment then they can ask for it to be reviewed by another Work Coach. The Claimant Commitment should be revised on an on-going basis to clearly record the expectations placed upon a claimant and the consequences (sanctions) of any failure to comply. A personalised Claimant Commitment is drawn up by the Work Coach often as the output of a face-to-face discussion with the claimant. The initial Claimant Commitment is usually accepted as part of the normal claims process. If a claimant refuses to accept their Claimant Commitment, then they are not entitled to Universal Credit. As Universal Credit is a household benefit, if either adult in a couple refuses to accept their Claimant Commitment then the claim for the other adult also ends.

Where a claimant refuses to accept their Claimant Commitment we allow a short ‘cooling off’ period to give the claimant the opportunity to reconsider their decision and the impact on the household claim. In exceptional circumstances, where a claimant is unable to accept a Claimant Commitment we can remove the requirement to do so. This may include, for example, claimants who have an appointee or someone acting on their behalf, claimants who are incapacitated in hospital and exceptional emergency situations. Where the claimant is physically or mentally unable to accept a Claimant Commitment and this is unlikely to change, or it would be unreasonable to expect them to do so due to terminal illness, we will waive the requirement to accept a Claimant Commitment.

The Claimant Commitment and the process of acceptance have been designed to support robust monitoring and drive higher compliance with requirements. The Claimant Commitment helps focus a claimant on their work related requirements, including where appropriate, proactive, work-search that treats looking for work as a full time activity and sets the right foundation ahead of Universal Credit’s smoother, clearer, and more stable incentives to work.

Ø III - 9. Right of complaint and appeal

See under Part XIII-2, Part III-7

Article 9. C24, Article 8. C25

A right of appeal shall be granted to the insured person in case of dispute concerning his right to benefit.


CEACR 2016: please specify what procedures of complaint and appeal are available to the worker to contest such decisions or sanctions of the employer.

Complaints and appeals processes

If a claimant is not happy with the service provided they may wish to make a complaint. They can contact their local Jobcentre plus or make an online complaint. https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

The last published figures on claimant satisfaction with UC were for 2016/17 – which showed ‘83% of claimants are satisfied with their experience in Universal Credit’. This is in line with other benefits administered by DWP.

Ø III - 10. Financing and Administration

See under Part XIII-3

Article 6. C24 and C25

1. Sickness insurance shall be administered by self-governing institutions, which shall be under the administrative and financial supervision of the competent public authority and shall not be carried on with a view of profit. Institutions founded by private initiative must be specially approved by the competent public authority.

2. The insured persons shall participate in the management of the self-governing insurance institutions on such conditions as may be prescribed by national laws or regulations.

3. The administration of sickness insurance may, nevertheless, be undertaken directly by the State where and as long as its administration is rendered difficult or impossible or inappropriate by reason of national conditions, and particularly by the insufficient development of the employers' and workers' organisations.

Article 7. C24 and C25

1. The insured persons and their employers shall share in providing the financial resources of the sickness insurance system.

2. It is open to national laws or regulations to decide as to a financial contribution by the competent public authority.

2018 additional information – Universal Credit

Information on the financing of Universal Credit can be found in the Business Case: https://www.gov.uk/government/publications/universal-credit-programme-full-business-case-summary/universal-credit-programme-full-business-case-summary#the-financial-case

Part IV. Unemployment benefit

The United Kingdom has accepted the obligations resulting from Part IV of C102 and Part IV of the ECSS.

Category

Full compliance

Request of information

insufficient information

 no or very

little information

IV-1. Regulatory framework

Ø Art.19 C102/ECSS

IV-2. Contingency covered

Ø  Art.20 C102/ECSS

IV-3. Persons Protected

Ø Art.21 C102/ECSS

IV-4. Level and Calculation of Benefit

 Bildergebnis für знак проезд запрещенArt.22 C102/ECSS

IV-5. Qualifying period

 Bildergebnis für знак проезд запрещенArt.23 C102/ECSS

IV-6. Minimum duration of Benefit

Дорожный-знак Art.24(1,2)

C102/ECSS

IV-7. Waiting period

ØArt.24 (3,4) C102/ECSS

IV-8. Suspension of Benefit

Ø Art.69 C102

Art.68 ECSS

IV-9. Right of complaint and appeal

Ø Art.70 C102

Art.69 ECSS

IV-10. Financing and Administration

Ø Art.71 C102

          Art.70 ECSS

List of applicable legislation

Report 2016-ECSS, Report 2016-C102:

·         Job Seekers Allowance Regulations 2013 (2013 No 378)

Report 2014-ECSS:

·         The Jobseekers (Back to Work Schemes) Act, 2013[26]

·         The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 SI No. 276[27]

Ø IV - 1. Regulatory framework

Article 19. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of unemployment benefit in accordance with the following Articles of this Part.

Jobcentre Plus new support model

Report 2013-ECSS:

The Department for Work and Pensions (DWP) continues to modernise the way Jobcentre Plus delivers its services and has given responsibility to Jobcentre Plus advisers, trusting them to assess the individual needs of people and to offer the support they think is best.

Jobcentre Plus advisors and managers on the ground have been given more responsibility. The Government is reducing bureaucracy by encouraging a focus on delivering outcomes rather than completing activity and processes. Jobcentre Plus advisors now have the power to judge which interventions will best meet the needs of the individual and deliver these to encourage a return to employment. If claimants are at risk of long term unemployment, they will be referred to the Work Programme at the appropriate point for them.

Jobcentre Plus has been delivering this new flexible support model for claimants since April 2011. The model has three elements:

·         a core regime of regular face-to-face meetings;

·         flexible adviser support; and

·         a flexible menu of support options.

The core regime of regular face-to-face meetings comprises:

·         an interview at the start of the claim to clarify conditions of entitlement and capture job search plans within a claimant commitment;

·         at least fortnightly face-to-face job search reviews for Jobseeker’s Allowance claimants.

·         regular Work Focused Interviews for Income Support claimants; and

·         periodic Work Focused Interviews for Employment and Support Allowance claimants.

Jobcentre Plus advisers are delivering a personalised service to best meet the needs of the claimant and the local labour market. They offer claimants a comprehensive menu of support options including:

·         Skills provision and job search help using a Support Contract which includes improving job search and getting ready for work core modules that are nationally available.

·         Get Britain Working measures and provision funded through the European Social Fund.

The first year of a two year evaluation of the new flexible support model has now been concluded and full results are now available (see below under Research – The Jobcentre Plus Offer RR814).

The evaluation summary shows that from an organisational perspective the implementation of the new model has been successful. There has been a clear move away from a nationally determined structure to more locally-determined processes focused on getting claimants back in to work

The model is seen to complement other initiatives, such as the Performance Management Framework, providing Jobcentre Plus offices with greater autonomy and focus on off flows.

Jobcentre Plus staff identified aspects of the new model that could be improved, including: lack of availability and awareness of local provision; limited confidence and knowledge of the provision available; access to non-contracted funding; and challenges in purchasing services from other organisations. There were also specific challenges sourcing suitable support for clients with complex issues, especially for those who were Employment and Support Allowance (ESA) claimants with health related needs.

This model of flexible pre-work programme support will continue into the introduction of Universal Credit in 2013. Work is currently taking place to prepare the wide range of JCP support for Universal Credit claimants, both migrated and new.

Employability and skills policy is a devolved matter. The Department is working closely with the Devolved Governments in Scotland, Wales and Northern Ireland. As part of their devolved responsibilities, Devolved Governments will ensure that claimants will have access to appropriate tailored support.

The Work Programme

The Work Programme is designed to help those at risk of becoming long term unemployed. DWP has done away with ‘one size fits all’ employment programmes. The Work Programme offers people tailored support to help them find work. Not only will the Work Programme support people into employment, but it also aims to keep them there.

Design and Implementation:

The Work Programme was launched on 10 June 2011 and is now in place nationally. This is the biggest single payment by results employment programme Britain has ever seen, providing personalised support to an expected 3.3 million claimants over the life of the contract.

The Work Programme has replaced much of the complex range of employment support previously on offer including the New Deals, Employment Zones and Pathways to Work. These programmes were overly prescriptive and failed to achieve enough job outcomes for the long-term unemployed and deliver good value for money for the taxpayer.

Work Programme providers are free to design support based on individual and local need. They will be paid primarily for supporting claimants into employment and helping them stay there for longer than ever before, with higher payments for supporting the hardest to help.

For the first time providers will be paid partly out of the benefit savings they help to realise when they support claimants into sustained employment, tying what the Department pays them, to what they are being paid for.

The Innovative features of the Work programme include:

·         Payment by results – Payment largely by results for the first time.

·         Long-term focus – once a claimant is referred to a Work Programme prime provider, they remain with that provider for 2 years.

·         Differential pricing – payments up to £14,000 for getting those with the biggest barriers to employment into sustained work.

·         Process not prescribed – by adopting a ‘black box’ approach, providers are free to innovate and use what works best.

The Work Programme is better designed than our previous employment programmes and is supporting more people than any previous programme.

It is too soon to judge performance on job outcomes alone, as we have just over one year’s data for a programme that is designed to support people for two years or more. We know that the Work Programme is helping people off benefit and into employment, and that job entries are increasing. Job outcomes have been building up more slowly than our early assumptions indicated, but the job entry and off benefit data clearly indicate that there is higher performance to come.

We are also starting to see differences emerge between providers. We are managing all our providers robustly to improve performance, and we are taking decisive action with those who are not delivering the Work Programme to the standards we expect. We have issued formal contract letters to several of our providers.

We are also taking steps to make the programme better, by improving access to skills provisions, and spreading best practice for supporting harder to help claimants.

Key Facts

There were 1.20 million referred to the Work Programme and 1.16 million attached to a provider.  Of the referrals, 1.02 million had the minimum sufficient time on the Programme (of three, or usually six months) to attain a Job Outcome payment.

132,000 Job Outcome payments were made to providers, which represents 13.0 per cent of eligible referrals.

There have been 321,000 job entries, up to September 2012, according to ERSA, the trade body for the welfare to work industry.

Far more people have started work but not reached the six month point yet. Figures from the industry (ERSA) published on the 20th June 2013 showed 321,000 people had started a job.

605,000 Sustainment payments were made to providers with 110,000 individual participants attaining at least one Sustainment payment and 80,000 attaining at least three to date.

For all referrals, with sufficient time following a Job Outcome payment, 65.2 per cent of individuals attained the maximum possible number of Sustainment payments they could by 31st March 2013.

From June 1, 2011 to March 31, 2012, there were 687,000 referrals and 9,000 job Outcome Payments.  The numbers referred to the Work Programme are very much in line with those in receipt of the relevant benefit and reaching the relevant Work Programme entry point. In Year Two 516,000 claimants were referred to the Work Programme and joined as attachments. This compares with 687,000 referrals and 645,000 joining in Year One.

Performance for the more recent monthly intake (cohorts) onto the Work Programme is better compared with earlier cohorts, with the same duration of support.

For example comparisons of cohorts of referrals that have achieved Job Outcomes within 12 months:

·         8.5 per cent of the first monthly intake – June 2011 – achieved a Job Outcome by 12 months.

·         This compares with 11.7 per cent of those referred in January 2012 achieving a Job Outcome after 12 months on the programme and 13.0 per cent for the February 2012 and 13.4 per cent for the March 2012 cohorts.

Overview of Work Programme

Report 2014-ECSS:

The latest Work Programme statistical summary to March 2014[28] gives a structured overview of Work Programme official Statistics.

Results against the DWP’s measures for the Work Programme have improved since the start of the scheme in 2011.

Over 1.5 million people have joined the Work Programme to March 31 2014, the majority of whom are still on the scheme. The numbers joining each month have generally been decreasing. The proportion expected to require more assistance to find and stay in employment has been around 3 times higher in those joining in the last year or so, compared to the first 12 to 18 months of the scheme.

Jobseekers Allowance (JSA) claimants joining the scheme have shown increasing results over time, with levels around twice as high as those for Employment and Support Allowance (ESA) new claimants. The most recent groups to spend a year on the programme show the highest proportions with a job outcome payment during that time. All 40 contracts achieved the contracted minimum performance levels.

Around 700,000 individuals have completed their allotted time on the scheme to March 31 2014. Approaching a quarter of these were still in employment at this point (or providers had received the final eligible payment). Around 2 thirds returned to Jobcentre plus.

Breaks in benefit for Work Programme participants show similar patterns to those with 3 or 6 months in work. DWP have been examining off benefit periods covered by employment using HMRC Real Time Information data for Work Programme participants. From this analysis we assess that around 26,000 individuals satisfied the conditions for a job outcome payment to the end of December 2013 but no payment has been paid to providers by the end of March 2014. These are not contained in the job outcome payment statistics in this release.

See Annex 2. Additional information reported on Part IV. Unemployment Benefit

ØIV - 2. Contingency covered

Article 20. C102 and ECSS

The contingency covered shall include suspension of earnings, as defined by national laws or regulations, due to inability to obtain suitable employment in the case of a person protected who is capable of, [???→] and available for, work.

Report 2016-ECSS, Report 2016-C102:

In 2013 JSA ‘new style’ was introduced. It is a contribution-based only benefit available to claimants alongside Universal Credit.

Report 2011-ECSS, Report 2011-C102:

No changes

Section 1. Jobseekers Act 1995

http://www.legislation.gov.uk/ukpga/1995/18/section/1

Section 1. Jobseekers Act 1995

The jobseeker’s allowance.

(1)An allowance, to be known as a jobseeker’s allowance, shall be payable in accordance with the provisions of this Act.

(2)Subject to the provisions of this Act, a claimant is entitled to a jobseeker’s allowance if he—

(a)is available for employment;

(b)has entered into a jobseeker’s agreement which remains in force;

(c)is actively seeking employment;

(d)satisfies the conditions set out in section 2;

(e)is not engaged in remunerative work;

(f)is capable of work;

(g)is not receiving relevant education;

Ø (h)is under pensionable age; and [←???]

(i)is in Great Britain.

IV - 3. Persons protected

Article 21. C102 and ECSS

Ø The persons protected shall comprise:

(a) prescribed classes of employees, [???→p.62] constituting not less than 50 per cent of all employees; or

(b) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Report 2016-ECSS, Report 2016-C102:

Question C (i)

TITLE I (Article 76) [please compare with the data given in Part.V-3. Old-Age Benefit. Persons Protected]

A.      Number of economically active persons protected – [p.61←???=change to employees]

i.        Under general scheme             28,299,000(including Northern Ireland)a

ii.       Under special scheme              nil

B.         Total number of employees        31,420,000b

C. Percentage A/B  90%

Sources:          (A) Contributions and Qualifying Years – persons paying Class 1 National                         Insurance Contributions 2014/15; and

                           (B) ONS Labour Market Stats for mid year 2015 - United Kingdom.

IV – 4. Level and Calculation of Benefit

Article 22. C102 and ECSS

1. Where classes of employees are protected, the benefit shall be a periodical payment calculated in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67. [provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of employees determined in accordance with Article 21.a. - ECSS]

See under Part XI. Standards to be complied with by periodical payments

Report 2016-ECSS, Report 2016-C102:

Title I of RF/C102/ECSS (Article 66).

Please state the amount of the wage of the ordinary adult labourer wage (standard wage).

£371.70 per week

Title II of RF/C102/ECSS (Article 66), according to which the standard beneficiary is a man with a dependent wife and two children.

·         Amount of benefit granted during the time basis.

Jobseeker’s Allowance (contribution based) 2016/17 rates

 

C. JSA                           (a) £73.10

    JSA Joint Claim     (b) £114.85

Anyone who claims JSA who is part of a couple would receive the higher amount if neither of them were working or if their partner was working less than 24 hours a week.

·         Amount of family allowance, payable during employment, for a period equal to the time basis.

£151.90

·         Amount of family allowance, payable during the contingency, for a period equal to the time basis.

£151.90

Ø Family allowances, payable during employment and the contingency, comprise: £20.70 Child benefit for the eldest qualifying child; £13.70 for the second qualifying child and Child Tax Credit [???] of £117.50, in respect of both children.

·         Sum of Unemployment Benefit and family allowance payable during contingency per cent of sum of standard wage and family allowance payable during employment.

 (a) 43.0% - JSA

(b) 50.9% - JSA Joint Claim

CEACR 2016: Article 22 (Calculation of the level of benefit). The Committee notes that the calculation of the replacement level of the contribution-based Jobseeker’s Allowance (JSA) for the standard beneficiary (man with wife and two children) includes Child Tax Credit of £117.50 in respect of two children and refers the Government to its comments under Article 16 above. Recalculated without CTC, the replacement rate of JSA Joint Claim stands at 36.75 percent of the reference wage of an ordinary labourer, which is much below the minimum rate of 45 percent guaranteed by the Code. The United Kingdom thus does not fulfil its obligations under Part IV of the Code as regards the level of unemployment benefit.

 IV – 5. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 23. C102 and ECSS

The benefit specified in Article 22 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

Report 2011-C102, Report 2011-C102:

No change

Sections 2,3 Jobseekers Act 1995

http://www.legislation.gov.uk/ukpga/1995/18/section/1

Section 2.

(1) The conditions referred to in section 1(2)(d)(i) are that the claimant:

(a) has actually paid Class 1 contributions in respect of one ("the base year") of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in subsection (2);

(b) has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in subsection (3);

(c) does not have earnings in excess of the prescribed amount; and

(d) is not entitled to income support.

(2) The additional conditions mentioned in subsection (1)(a) are that:

(a) the contributions have been paid before the week for which the jobseeker's allowance is claimed;

(b) the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid is not less than the base year's lower earnings limit multiplied by 25.

(3) The additional condition mentioned in subsection (1)(b) is that the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.

CEACR 2016: the Committee notes that to qualify for the JSA (Contributory) a claimant must satisfy the primary and additional NICs conditions stipulated in section 2 of the Jobseekers Act 1995, which result in the length of the qualifying period extending over “the last two complete years before the beginning of the relevant benefit year” (section 2(1)(b) of the Act). The Committee observes that in the great majority of the European states the length of the qualifying period for the entitlement to unemployment benefit does not surpass one year of contribution or employment, which is considered sufficient to preclude abuse of the benefit, in accordance with Article 23 of the Code. The Committee asks the Government to explain the reasons for (a) establishing a comparatively lengthier qualifying period for JSA and (b) the additional NICs conditions mentioned in subsections 2 and 3 of section 2 of the Jobseekers Act, which are difficult to understand for ILO experts.

Ø  IV - 6. Minimum duration of Benefit

§1§2. Article 24. C102 and ECSS

1. The benefit specified in Article 22 shall be granted throughout the contingency, except that its duration may be limited,

(a) where classes of employees are protected, to 13 weeks within a period of 12 months, [or to 13 weeks in each case of suspension of earnings - ECSS]; or

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, to 26 weeks within a period of 12 months; [provided that the duration of the prescribed benefit, guaranteed without means test, may be limited in accordance with sub‑paragraph a of this paragraph - ECSS].

2. Where national laws or regulations provide that the duration of the benefit shall vary with the length of the contribution period and/or the benefit previously received within a prescribed period, the provisions of paragraph 1 of this article shall be deemed to be fulfilled if the average duration of benefit is at least 13 weeks within a period of 12 months.

Section 5 Jobseekers Act 1995

http://www.legislation.gov.uk/ukpga/1995/18/section/5

Section 5.(1) The period for which a person is entitled to a contribution based jobseeker's allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under section 2(1)(b)) to the same two years.

(2) The fact that a person's entitlement to a contribution-based jobseeker's allowance ("his previous entitlement") has ceased as a result of subsection (1), does not prevent his being entitled to a further contribution-based jobseeker's allowance if:

(a) he satisfies the contribution-based conditions; and

(b) the two years by reference to which he satisfies those conditions includes at least one year which is later than the second of the two years by reference to which his previous entitlement was established.

(3) Regulations may provide that a person who would be entitled to a contribution-based jobseeker's allowance but for the operation of prescribed provisions of, or made under, this Act shall be treated as if entitled to the allowance for the purposes of this section.

Report 2011-C102, Report 2011-C102:

 No change [???]

CEACR 2016: according to section 5(1) of the Jobseekers Act, the period for which a person is entitled to a contribution based JSA “shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under section 2(1)(b)) to the same two years”. Please explain how this provision ensures that contribution based JSA shall not be granted for less than 91 days (13 weeks) within a period of 12 months, in accordance with Article 24 of the Code.

RF/C102/ECSS: please state whether any special rules have been adopted as regards benefits for seasonal workers and, if so, what are these rules.

Ø IV - 7. Waiting Period

§3§4 Article 24. C102 and ECSS

3. The benefit need not be paid for a waiting period of the first seven days in each case of suspension of earnings, counting days of unemployment before and after temporary employment lasting not more than a prescribed period as part of the same case of suspension of earnings.

4. In the case of seasonal workers the duration of the benefit and the waiting period may be adapted to their conditions of employment.

Report 2015-ECSS:

Waiting Days

As explained above in respect of Part III, the government extended the waiting days period for new claims to Jobseeker’s Allowance (JSA) from 3 to 7 days from 27 October 2014, which is compatible with Article 24, paragraph 3 of the Code.

This policy change was in line with an equivalent change to Employment and Support Allowance regulations to ensure that all people who are subject to work conditionality rules serve a 7 days waiting period at the outset of their claim.

This change does not apply to all new claimants. Under pre-existing rules, some people are exempt from serving waiting days.  This includes people who including ESA and Jobseeker’s Allowance within the preceding 12 weeks.  These existing rules were retained when waiting days were increased.

Any claimant who must serve 7 waiting days, but is likely to suffer financial hardship until their first benefit payment, may apply for an advance of benefit, which will be  recoverable from subsequent benefit payments.

This change in policy is generating savings which are being invested to several labour market measures to get people off benefits and into work.

This change was introduced into law by the Social Security (Jobseeker’s Allowance and Employment and Support Allowance) (Waiting Days) Amendment Regulations 2014 (SI 2014 No.2309).

Ø IV - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

 (h) in the case of unemployment benefit, where the person concerned has failed to make use of the employment services placed at his disposal;

(i) in the case of unemployment benefit, where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute, or has left it voluntarily without just cause; and

Report 2014-ECSS:

The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 replaced the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations (the ESE Regulations) which were quashed by the Court of Appeal on 12 February 2013 in the case of R (on the application of Reilly and Wilson) vs Secretary of State for Work and Pensions ([2013] EWCA Civ. 66) on the ground that the Regulations did not contain an appropriate description of the Employment, Skills and Enterprise Scheme ("the ESE Scheme").

The Court also held that the notices sent to claimants advising them that they were required to take part in a programme within the ESE scheme did not comply with the requirements of regulation 4 of the ESE Regulations. The effect of the Court's judgement is that the Department for Work and Pensions had no right to impose a sanction on claimants who had failed to meet their requirements. The Court nonetheless upheld the general policy principle of the employment programmes comprised in the ESE regulations and also ruled that they did not breach Article 4(2) of the European Convention on Human Rights (prohibiting forced or compulsory labour).

The Jobseekers (Back to Work Schemes) Act 2013 effectively validated the ESE Regulations of 2011 retrospectively.  Primary legislation was considered necessary to ensure that the Government was not placed in a position where, as a result of the Court of Appeal judgment it had to repay benefits to claimants who had been sanctioned under the ESE Regulations for failures to participate in schemes covered by the Regulations. The Act was necessary in order to provide certainty and thus safeguard the Government’s position. It also allowed lawfully imposition of sanctions in decisions stockpiled because of the judicial review.

The retrospective aspect of the Jobseekers (Back to Work Schemes) Act, 2013 was the subject of subsequent judicial review.  In a decision given on 4 July 2014[29], outside the current reporting period, the High Court has issued a declaration of incompatibility with Section 4 of the Human Rights Act, 1998 following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act, that sanctioned those who did not participate in unpaid "work for your benefit" schemes by depriving them of an allowance, violated the rule of law protected by the European Convention on the Protection of Human Rights and Fundamental Freedoms.  Following that judgment, the Department announced the Secretary of State’s intention to appeal. [???]

RF/C102/ECSS: please indicate, with reference to Article 69 below, more particularly subparagraphs (h) and (i), the provisions, if any, for the suspension of unemployment benefit, under the scheme or schemes concerned.

NB: Section 46. Welfare Reform Act, 2012.

(1)    For section 19 of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable) there is substituted:

Section 19. Higher-level sanctions

(1) The amount of an award of a jobseeker’s allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.

(2) It is a failure sanctionable under this section if a claimant:

(a)through misconduct  [wilful?] loses employment as an employed earner;

(b)without a good reason voluntarily leaves such employment;

(c)without a good reason refuses or fails to apply for, or accept if offered, a situation in any employment which an employment officer has informed him is vacant or about to become vacant;

(d)without a good reason neglects to avail himself of a reasonable opportunity of employment;

(e)without a good reason fails to participate in any scheme within section 17A(1) which is prescribed for the purposes of this section. [???]

(3)For the purposes of subsection (2)(b), in such circumstances as may be prescribed, including in particular where a person has been dismissed by his employer by reason of redundancy within the meaning of section 139(1) of the Employment Rights Act 1996 after volunteering or agreeing to be so dismissed, a person who might otherwise be treated as having left his employment voluntarily is to be treated as not having left voluntarily.

(4)Regulations are to provide for: [PNL?]

(a)the amount of a reduction under this section;

(b)the period for which such a reduction has effect, not exceeding three years [???] [PNL?] in relation to any failure sanctionable under this section.

(5)Regulations under subsection (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following:

(a)the number of failures by the claimant sanctionable under this section;

(b)the period between such failures.

(6)Regulations may provide:

(a)for cases in which no reduction is to be made under this section;

(b)for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.

(7)During any period for which the amount of a joint-claim jobseeker’s allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.

Section 19A. Other sanctions

(1)The amount of an award of a jobseeker’s allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.

(2)It is a failure sanctionable under this section if a claimant:

(a)without a good reason fails to comply with regulations under section 8(1) or (1A);

Jobseekers Act, 1995

Section 8. Attendance, information and evidence.

(l). Regulations may make provision for requiring a claimant:

(a) to attend at such place and at such time as the Secretary of State may specify; and

(b) to provide information and such evidence as may be prescribed as to his circumstances, his    availability for employment and the extent to which he is actively seeking employment.

(2) Regulations under subsection (1) may, in particular:

(a) prescribe circumstances in which entitlement to a jobseeker's allowance is to cease in the case of a claimant who fails to comply with any regulations made under that subsection;

(b) provide for entitlement to cease at such time (after he last attended in compliance with requirements of the kind mentioned in subsection (1)(a)) as may be determined in accordance with any such regulations;

(c) provide for entitlement not to cease if the claimant shows, within a prescribed period of his failure to comply, that he had good cause for that failure; and

(d) prescribe:

(i) matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and

(ii) circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.

(b)without a good reason fails to comply with regulations under section 17A;

Jobseekers Act, 1995

Section 17. Reduced payments.

(1). Regulations may provide for the amount of an income-based jobseeker's allowance payable to any young person to whom this section applies to be reduced:

(a) in such circumstances,

(b) by such a percentage, and

(c) for such a period, as may be prescribed.

(2) This section applies to any young person in respect of whom:

(a) a direction is in force under section 16; and

(b) either of the conditions mentioned in subsection (3) is satisfied.

(3) The conditions are that:

(a) the young person was previously entitled to an income-based jobseeker's allowance and that entitlement ceased by virtue of the revocation of a direction under section 16;

(b) he has failed to complete a course of training and no certificate has been issued to him under subsection (4) with respect to that failure.

(4) Where a young person who has failed to complete a course of training:

(a) claims that there was good cause for the failure, and

(b) applies to the Secretary of State for a certificate under this subsection, the Secretary of State shall, if he is satisfied that there was good cause for the failure, issue a certificate to that effect and give a copy of it to the young person.

(5) In this section "young person" means a person who has reached the age of 16 but not the age of 18.

(c)without a good reason refuses or fails to carry out a jobseeker’s direction which was reasonable having regard to his circumstances;

(d)without a good reason neglects to avail himself of a reasonable opportunity of a place on a training scheme or employment programme; [suitable?]

(e)without a good reason refuses or fails to apply for, or accept if offered, a place on such a scheme or programme which an employment officer has informed him is vacant or about to become vacant; [suitable?]

(f)without a good reason gives up a place on such a scheme or programme or fails to attend such a scheme or programme having been given a place on it;

(g)through misconduct [wilful?] loses a place on such a scheme or programme.

(3)But a failure is not sanctionable under this section if it is also sanctionable under section 19.

(4)Regulations are to provide for: [PNL?]

(a)the amount of a reduction under this section;

(b)the period for which such a reduction has effect.

(5)Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for:

(a)a period continuing until the claimant meets a compliance condition specified by the Secretary of State,

(b)a fixed period not exceeding 26 weeks which is:

(i)specified in the regulations, or

(ii)determined in any case by the Secretary of State, or

(c)a combination of both.

(6)In subsection (5)(a) “compliance condition” means:

(a)a condition that the failure ceases, or

(b)a condition relating to:

(i)future compliance with a jobseeker’s direction or any requirement imposed under section 8(1) or (1A) or 17A of this Act, or

(ii)future avoidance of the failures referred to in subsection (2)(d) to (g).

(7)A compliance condition specified under subsection (5)(a) may be:

(a)revoked or varied by the Secretary of State;

(b)notified to the claimant in such manner as the Secretary of State may determine.

(8)The period fixed under subsection (5)(b) may in particular depend on either or both of the following:

(a)the number of failures by the claimant sanctionable under this section;

(b)the period between such failures.

(9)Regulations may provide:

(a)for cases in which no reduction is to be made under this section;

(b)for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.

(10)During any period for which the amount of a joint-claim jobseeker’s allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.

(11)In this section:

(a)“jobseeker’s direction” means a direction given by an employment officer (in such manner as he thinks fit) with a view to achieving one or both of the following:

(i)assisting the claimant to find employment;

(ii)improving the claimant's prospects of being employed;

(b)“training scheme“ and “employment programme” have such meaning as may be prescribed.

Ø IV – 9. Right of complaint and appeal

See under Part XIII-2

Report 2011-C102, Report 2011-C102:

No change

ØIV - 10. Financing and Administration

See under Part XIII-3

Report 2012-ECSS:

JSA Online

JSA Online now allows most claimants to apply for Jobseeker’s Allowance online and to enter their information themselves. JSA Online tailors the questions it asks to the circumstances of the claimant based on the answers they provide. It follows the same process that is used by Contact Centre agents, who handle telephone claims, though the questions may be phrased slightly differently.

JSA Online[30] is accessed from Directgov. The customer is not required to go through the Government Gateway as this is a level one security verification service.

Many customers say the service is convenient as it is usually available 24 hours a day, 365 days of the year. It saves a phone call and an application can be saved and continued within seven days of the last save.

A customer is provided with a summary at the end of the transaction, they can also opt to get a confirmation email.

Most customers who have given a mobile telephone number will receive a text message with the details of their face-to-face appointment. This interview could be scheduled for as soon as three hours after the online application has been submitted. There is an overall commitment to contact customers by phone or text within two working days of their submitting an application.

Part V. Old-age Benefit

The United Kingdom has accepted the obligations resulting from Part V of C102 and Part V of the ECSS.

Category

Full compliance

Request of information

insufficient information

 no or very  little information

V-1. Regulatory framework

Ø Art.25 C102/ECSS

V-2. Contingency covered

Ø Art.26 C102/ECSS

V-3. Persons Protected

Ø Art.27 C102/ECSS

V-4. Level and Calculation of Benefit

Ø Art.28 C102/ECSS

V-5. Adjustment of Benefit

Ø Art.65(10) C102/ECSS Art.66(8) C102/ECSS

V-6. Qualifying period

Ø Art.29 C102/ECSS

V-7. Duration of Benefit

Ø Art.30 C102/ECSS

  

V-8. Suspension of Benefit

Ø Art.69 C102

Art.68 ECSS

V-9. Right of complaint and appeal

Ø Art.70 C102

Art.69 ECSS

V-10. Financing and Administration

Ø Art.71 C102

Art.70 ECSS

List of applicable legislation

Report 2016-ECSS, Report 2016-C102:

2011

·         Pensions Act 2011

              http://www.legislation.gov.uk/ukpga/2011/19/pdfs/ukpga_20110019_en.pdf

2014

·         Pensions Act 2014

               http://www.legislation.gov.uk/ukpga/2014/19/pdfs/ukpga_20140019_en.pdf

·         Welfare Benefits Up-rating Act 2013

               http://www.legislation.gov.uk/ukpga/2016/7/pdfs/ukpga_20160007_en.pdf

See under Part I. General provisions.  Articles 1-6. C102 and ECSS.

Ø V - 1. Regulatory framework

Article 25. C102 and ECSS

Each Member (Contracting Party) for which this part of this Convention (Code) is in force shall secure to the persons protected the provision of old‑age benefit in accordance with the following Articles of this Part.

Report 2016-ECSS, Report 2016-C102:

Legislative changes

·         In January 2013 the UK Government published a Command Paper which outlined how the UK Government intended to replace the current two-component state pension (basic State Pension and earnings-related additional State Pension) with a single component flat-rate pension set above the basic level of means-tested support for future pensioners.

·         Subsequently, the Pensions Act 2014 introduced the new State Pension for people reaching state pension age on or after 6 April 2016, radically simplifying state pension provision.

·         Qualification for the new state pension is based on an individual’s National Insurance record, with a minimum qualifying period of 10 years usually required to receive any pension. In steady state, the full rate of the new State Pension (previously referred to as the single-tier pension) will be based on 35 qualifying years of National Insurance contributions or credits. Transitional arrangements are in place for those who have qualifying years before 6 April 2016.

·         The new State Pension will cost no more overall that the previous system, but will restructure the system to provide clarity and confidence to help people plan for their retirement.

State Second Pension

The State Second Pension (also known as additional State Pension) ended in April 2016 and with it the ability to contract out of the State Second Pension. Up until this point some people were contracted out of the State Second Pension into a private or workplace pension. While the additional State Pension has ended it will remain in payment, to those with entitlement who reached state pension age before 6 April 2016. A proportion of an additional State Pension can be inherited by surviving wives, husbands and civil partners beyond April 2016.

Report 2015-ECSS:

Northern Ireland

Northern Ireland measures corresponding to the Pensions Act 2014 were approved by the Northern Assembly on 11 May 2015. The measures include the introduction, in 2016, of a single-tier State Pension designed to reduce the complexity of the current system, support the introduction of workplace pension reform and pay a higher weekly amount than the current State Pension. The new system will recognise pre-2016 National Insurance contributions so that individuals are not disadvantaged and will build on the existing range of National Insurance credits awarded to those who have had care responsibilities.

Researches

Report 2013-ECSS:

Series:    Research reports from 2010 onwards

The following reports, with content relevant to state pensions, have been published by DWP in the last year (1st July 2012 to 30 June 2013):

·         Attitudes to pensions: The 2012 survey DWP Research report 813

https://www.gov.uk/government/publications/attitudes-to-pensions-the-2012-survey-rr813

·         Pension Credit eligible non recipients: barriers to claiming DWP research report 819

https://www.gov.uk/government/publications/pension-credit-eligible-non-recipients-barriers-to-claiming-rr819

·         A simpler state pension: a qualitative study to explore 1 option for reform DWP research report 787

https://www.gov.uk/government/publications/a-simpler-state-pension-a-qualitative-study-to-explore-1-option-for-reform-rr787

·         Pensioner poverty and material deprivation DWP research report 827

https://www.gov.uk/government/publications/pensioner-poverty-and-material-deprivation-rr827

Report 2015-ECSS:

·         New State Pension: qualitative research on the ideal customer journey

(24 October 2014)

·         Automatic enrolment: qualitative research with employers staging in 2014

(5 January 2015)

Ø V - 2. Contingency covered

Article 26. C102 and ECSS

1. The contingency covered shall be survival beyond a prescribed age.

2. The prescribed age shall be not more than 65 years or such higher age [that the number of residents having attained that age is not less than 10 per cent of the number of residents under that age but over 15 years of age - ECSS] as may be fixed by the competent authority with due regard to the working ability of elderly persons in the country concerned

3. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount and, if non-contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Report 2016-ECSS, Report 2016-C102:

State Pension age

·         Under the Pensions Act 2011 State Pension age for women will gradually increase from 60 to 65 between 2010 and 2018. Then, between 2018 and 2020, State Pension age will increase from 65 to 66 for both men and women. The State Pension age will increase from 66 to 67 between 2026 and 2028 under the Pensions Act 2014. The timing of the increase from 67 to 68 remains set to happen between 2044 to 2046 as set out in the Pensions Act 2007. The changes in State pension age reflect increasing longevity in society and make the State Pension affordable in the long term.

·         The Pensions Act 2014 contains a framework for further changes to state pension age through a regular review by Government.

·         As part of the review process, the Government is required to commission a report from the Government Actuary’s Department looking at the implications of life expectancy data for State Pension age. The legislation also requires Government to commission a further independent report covering other relevant factors. This may include variations in life expectancy between socio-economic groups, and the wider economic context at the time of a review. All reports prepared as part of the review must be published.

·         The Government will publish a report on their review of the state pension age every 6 years. The first review will report to Parliament before 7 May 2017. [???]


CEACR 2016: Article 26(2). Increased pensionable age.

Under the Pensions Act 2011, State Pension age for women will gradually increase from 60 to 65 between 2010 and 2018. Then, between 2018 and 2020, State Pension age will increase from 65 to 66 for both men and women. The State Pension age will increase from 66 to 67 between 2026 and 2028 under the Pensions Act 2014. The timing of the increase from 67 to 68 is set from 2044 to 2046 according to the Pensions Act 2007. According to the report, the changes in State pension age reflect increasing longevity in society and make the State Pension affordable in the long term. The Pensions Act 2014 contains a framework for further changes to state pension age through a regular review by Government. As part of the review process, the Government is required to commission a report from the Government Actuary’s Department looking at the implications of life expectancy data for State Pension age. The legislation also requires Government to commission a further independent report covering other relevant factors. This may include variations in life expectancy between socio-economic groups, and the wider economic context at the time of a review. All reports prepared as part of the review must be published. The Government will publish a report on their review of the state pension age every 6 years. The first review will report to Parliament before 7 May 2017. The Committee hopes that the Government’s next report on the Code will explain the findings of the first review of the increase of the State Pension age beyond 65 years, particularly with regard to the working ability, labour market participation and worklessness of persons aged 65-67 engaged in manual labour, including in onerous and hazardous occupations entailing premature physical ageing. Please confirm that, following the abolishment of the default retirement age, in the United Kingdom there are no occupations that are deemed by national legislation to be arduous or unhealthy for the purpose of lowering the pensionable age. In this connexion, the Committee notes that the Office for National Statistics plans to produce regular publications on Healthy Life Expectancy and Disability-Free Life Expectancy broken down by Social Economic Class, which will include the classes of workers engaged in manual labour, and that the Office for National Statistics will consider what might be appropriate data and research for understanding the labour market impact on the said classes.

2018 additional information

State Pension age will not rise beyond 65 until December 2018. We plan to evaluate the increase in State Pension age from 65 to 66 once it has been implemented.

The next State Pension age review will be carried out by 2023 at the latest, as required by the Pensions Act 2014. This will be informed by a report on wider factors relevant to the pensionable age as specified by the Government of the day.

Conclusions of the CEACR concerning the application of the ECSS (UK’s 46th Report, 2014): State pension age

Part V (Old-Age benefit). Article 26 (2).  The Committee would like the Government to explain whether, in taking the decision to increase state pension age beyond 65 years, due regard was given to the provisions of Article 26(2) of the Code and of Convention No. 102 and to the working ability of elderly persons in the United Kingdom, and to supply corresponding data on the health status of people in retirement age demonstrating that increased life expectancy is accompanied by longer life expectancy in good health.

Report 2015-ECSS:

Response to the Committee of Experts’ Conclusions

Legislation to increase State Pension age beyond 65 was first passed in 2007. In response to recommendations from the independent Pensions Commission, the government set out a timetable for gradually increasing State Pension age to 68 by 2046.

The 2011 and 2014 Pensions Acts brought forward the rise to 66 and 67 respectively. These changes to the State Pension age timetable responded to rapid growth in life expectancy. As the tables below set out, growing longevity was accompanied by significant increases in healthy life expectancy and in the old age dependency ratio.

The 2014 Act also introduced a review framework, which means that future governments must consider State Pension age each Parliament, taking into account up-to-date life expectancy data and the findings of an independently-led review, which will consider wider-relevant factors. These factors are to be determined by the government of the day but are likely to include healthy- and disability- free life expectancy.

The Government has also taken action to support older workers, abolishing the default retirement age and extending the right to request flexible working.

Trends in life expectancy


Source: ONS LE, HLE and DFLE estimates for the UK

Dependency ratio projections


Source: ONS Population estimates and 2008-based principal population projections

Trends in older workers’ employment


Source: ONS using LFS datasets, 4 quarter rolling averages


Source: LFS, quarter 4 data

Conclusions of the CEACR concerning the application of the ECSS (UK’s 47th report, 2015)

Part V (Old-age benefit) and Article 26(2).In its previous conclusion, the Committee asked the Government to explain whether the decision to increase state pension age (Spa) beyond 65 years was taken with due regard to the working ability of elderly persons in the United Kingdom in the light of Article 26(2) of the Code and of Convention No. 102. In reply, the report indicates that legislation to increase Spa beyond 65 was first passed in 2007 and set out a timetable for gradually increasing it to 68 by 2046. The 2011 and 2014 Pensions Acts brought forward the rise to 66 and 67, respectively, ahead of the timetable because of the rapid growth in life expectancy and the old-age dependency ratio nearing the value of 30 per cent. Growing longevity however was accompanied by significant increases in healthy life expectancy (HLE) which pertains to life spent in good health, and disability-free life expectancy (DFLE) which corresponds to life free from a limiting chronic illness or disability. These indicators are globally used to compare the health status of populations through time and in the assessment of healthy ageing and fitness for work. Between 2000–02 and 2009–11, life expectancy at age 65 went up by 2.1 years for men and 1.6 years for women. In the same period, HLE at age 65 went up by 1.2 years for men and 1.3 years for women, while DFLE increased 1.7 years for men and 0.8 years for women. In other words, every one-year increase in men’s life expectancy was accompanied by a 0.6 year increase in HLE and a 0.8 increase in DFLE. For women, a one-year increase in life expectancy was followed by a 0.8 year increase in HLE and a 0.5 year increase in DFLE.

The 2014 Act also introduced a review framework, which means that future governments must consider Spa, each Parliament, taking into account up-to-date life expectancy data and the findings of an independently-led review, which will consider wider relevant factors. These factors are to be determined by the government of the day but are likely to include healthy- and disability-free life expectancy. The Government has also taken action to support older workers, abolishing the default retirement age and extending the right to request flexible working. The participation rate of older workers (aged 50 to Spa) in the United Kingdom labour market has gone up over the past two decades, from close to 69 per cent in the last quarter of 2004 to around 75 per cent in the last quarter of 2014. The participation rate of those over Spa has also increased in this period – from around 8 per cent to close to 12 per cent. Trends in worklessness for people aged from 50 to Spa show a decrease in the proportion of people out of work due to sickness or disability. For men, this percentage fell from over 16 per cent in 1998 to around 10 per cent in 2013, whereas for women it decreased from over 14 per cent to around 10 per cent in the same period.

The Committee takes due note of the Government’s explanations and the statistical data justifying the increase of the Spa beyond 65 years. It notes that while statistics on life expectancy, HLE and DFLE are calculated for people at age 65, those on the participation rate in the labour market and worklessness of older workers are given for people aged 50 to Spa who hardly belong to the category of “elderly persons” mentioned in Article 26(2) of Convention No. 102. The Committee points out that, within the legal framework of Part V of the Convention, the working ability of the elderly persons in the country concerned should be determined with respect to those persons who would have duly acquired the right to the old-age pension at the level guaranteed by the Code at 65 years, but have now to wait for its realization until such higher pension age as was fixed by the national law. Statistically speaking, the categories concerned should be taken from among the persons protected under this Part who are aged 65–67 (new Spa), and fulfil the qualifying conditions as to the period of employment (30 years) and the level of previous earnings applied to the standard beneficiary established under this Part. The Committee recalls in this respect that the scope of coverage of Part V of the Code was defined in the latest detailed 43rd annual report of the Government under option (b) of Article 27 by reference to the prescribed classes of the economically active population, which constitute about 42 per cent of all residents, and the level of earnings of the standard beneficiary – by reference to the wage of an ordinary adult male labourer determined under Article 66, which in April 2014 amounted to £373.40 per week (see under Part XI below). Ordinary labourers and workers in manual occupations thus constitute the bulk of the persons protected in the United Kingdom for the purpose of Part V of the Code. Consequently, the indicators of life expectancy, HLE and DFLE of elderly persons as the measure of their capacity for work beyond 65 should be calculated not for the general population but with respect to the abovementioned categories of workers engaged in manual operations and physical labour, including in onerous and hazardous occupations entailing premature physical ageing. These categories could be obtained by using the Standard Occupational Classification (SOC) 2010 Sub-Major Group 91 – Elementary Trades and Related Occupations. From the labour market point of view, postponing retirement to a later statutory age would be justified only if such categories of elderly workers conserve not only their physical ability but a fair chance to stay in the labour market and maintain their employability. The Government is therefore asked to include in its next report the statistics on the participation rate and worklessness for people aged 65–67 years and belonging to the abovementioned SOC Sub-Major Group 91. Finally, the Government is asked to specify the reasons for abolishing the default retirement age and the lower retirement ages previously established for certain particularly arduous occupations. Taking into account that the move towards higher pension age is followed by a number of European countries, the Committee will appraise the legal implications of higher pension age on the application of Part V of the Code after having studied the experience of other countries.

Report 2016-ECSS:

Consequently, the indicators of life expectancy, HLE and DFLE of elderly persons as the measure of their capacity for work beyond 65 should be calculated not for the general population but with respect to the abovementioned categories of workers engaged in manual operations and physical labour, including in onerous and hazardous occupations entailing premature physical ageing.

Whilst average life expectancy differs among people from different socio-economic backgrounds, there have been substantial improvements in longevity at age 65 across all socio-economic groups during the last 30 years. All socio-economic classes (including the unclassified group) experienced statistically significant absolute gains in life expectancy at birth and at age 65 between 1982 to 1986 and 2007 to 2011[33].

Ø The Office for National Statistics do not currently produce regular publications on Healthy Life Expectancy and Disability-Free Life Expectancy broken down by Social Economic Class, but plan to do so in the future. [???]

2018 additional information

The latest ONS statistics show that 65 year olds in the UK are expected to live over half of their remaining life in good health – women 11.2 years and men 10.4 years. [ONS Healthy Life Expectancy data (link) (Dec 2017)].  We have no further updates on the statement above.

The Government is therefore asked to include in its next report the statistics on the participation rate and worklessness for people aged 65–67 years and belonging to the abovementioned SOC Sub-Major Group 91.

Labour Market Statistics by age group and occupation are published by the Office for National Statistics each month. In addition the Government set out the case for later life working in Fuller working lives: framework for action and more recently, has published, employment statistics on older workers by sector for those aged 50-64 and 65-69[34]. The sample size for people aged 65-67 belonging to SOC 91 in the Labour Force Survey is very small to make meaningful comparisons – however we will consider, in the future, what might be appropriate data and research [???]for understanding the impact on the categories that are mentioned.

The Department for Work and Pensions published a new annual statistical release on 28th July 2016 which provides statistics on economic labour market status by five year age band and gender[35].

2018 additional information

The latest Labour Market stats for 65+:

·         Employment rate for 65+: 10.2% (1.2million)

·         Unemployment rate for 65+: 1.8% (22,000)
Economically Inactive rate for 65+: 89.6% (10.6million)

[ONS, Employment, unemployment and economic inactivity by age group, July 2018 (data: Mar-May 2018)]

The Pensions Act 2014 requires the Government to regularly review State Pension age and report to Parliament, to ensure that the pensions system remains sustainable as life expectancy grows. The reviews are based around the principle of maintaining a given proportion of adult life in receipt of state pension.  Each review is informed by an independent report, which considers wider factors that should be taken into account when setting State Pension age, the Terms of Reference of which are set by the Government of the time.

Finally, the Government is asked to specify the reasons for abolishing the default retirement age and the lower retirement ages previously established for certain particularly arduous occupations. [???→]

The Employment Equality (Age) Regulations were introduced in 2006 to prohibit discrimination in employment because of age. Among other things, they introduced a national Default Retirement Age (DRA) of 65 and prohibited compulsory retirement below 65 unless objectively justified. [←???] In effect, the DRA made it lawful for an employer to discriminate against an employee on the grounds of their age when it comes to retirement.

People are living longer, healthier lives and as the structure of our society changes we needed to reappraise the important role older people play: as employees, entrepreneurs and in the wider community. As part of this reappraisal, the UK believed that those who wish to work past 65 and are able to do so should not be denied the opportunity to do so and in removing the DRA, it was ensured that people are not deprived of the opportunity to work simply because they have reached a particular age.

Working longer provides many benefits and there are a range of reasons for pursuing it including the health and social benefits that many people gain and the financial benefits to both the individual and the wider economy. In 2010 the National Institute for Economic and Social Research estimated that extending average working lives by one effective year could increase GDP by around 1 per cent. Removing the DRA is just one of the steps that the UK has taken to enable and encourage people to work for longer.

The removal of the DRA does not mean that individuals can no longer retire at 65 – simply that the timing of that retirement is now a matter of choice rather than compulsion.

2018 additional information on arduous occupations

Now that the DRA has been abolished, most people can retire when the time is right for them. In some cases an employer can require you to retire at a certain age - known as ‘compulsory retirement age’. If they do this they must give a good reason why, for example:

Over the last 20 years, there have been a series of reforms undertaken by UK government to improve the management and performance of staff, including measures to improve controls over early retirements, reduce their costs and encourage longer working lifetimes. Reforms particularly relevant to early retirement include:

V - 3. Persons protected

Article 27. C102 and ECSS

The persons protected shall comprise:

Ø (a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Report 2016-ECSS, Report 2016-C102:

Question B

No change (apart from contribution rates)

Question C (ii)

(ii) TITLE II (Article 76)

A. Number of economically active persons protected -

i. Under general scheme                  30,527,000(including Northern Ireland) (A)

ii. Under special schemes                nil

                                    TOTAL               30,527,000

B. Total number of residents        65,110,000 (B)

C. Percentage A/B                             46.89%

Sources:     (A) Contributions and Qualifying Years – persons paying Class 1, Class 2 and or Class 3 National Insurance Contributions 2014/15; and

(B) ONS Population estimates for mid year 2015 - United Kingdom.

Ø V - 4. Level and Calculation of Benefit

Article 28. ECSS

The benefit shall be a periodical payment calculated as follows:

(a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

See under Part XI. Standards to be complied with by periodical payments

Report 2016-ECSS, Report 2016-C102:

Title I of RF/C102/ECSS (Article 66).

Please state the amount of the wage of the ordinary adult labourer wage (standard wage).

£371.70 per week.

TITLE III of RF/C102/ECSS (Article 66), according to which the standard beneficiary is a man with a wife of pensionable age.

·         Amount of benefit granted during the time basis.

The standard basic weekly rate of retirement pension received by a married couple is £190.80 (2016/17 rates)

This basic weekly rate of Retirement Pension, for people reaching state pension age before 6 April 2016 comprises £119.30 for a 100% full weekly Retirement Pension payable to a man with 30 qualifying years for himself plus £71.50 in respect of a wife of pension age or a dependent wife under pension age.

·         Amount of family allowance, payable during employment, for a period equal to the time basis.

£151.90

·         Amount of family allowance, payable during the contingency, for a period equal to the time basis.

£151.90

 Family allowances, payable during employment and the contingency, (where applicable) comprise £20.70 Child Benefit for the eldest qualifying child, £13.70 for the second qualifying and Child Tax Credit of £117.50 in respect of both children. From April 2003 Child Tax Credits replaced Child Dependency Increases payable with State Pension.

ILO Comments: standard beneficiary for Part V is represented by a married couple without children. Please, recalculate without Child Tax Credit and Child Benefit.

The new State Pension, which was introduced for people reaching State Pension age from 6 April 2016, is based on individual accounts and does not recognise dependents. A person who has 35 Qualifying years of National Insurance contributions or credits would be entitled to the full rate of the new State Pension of £164.35 (2018/19 rate).  People with fewer qualifying years would be entitled to pro rata amounts (to note that the new State Pension is payable only if a person has a minimum of 10 Qualifying years). Transitional arrangement for people with a pre-2016 National Insurance record do include provision for some limited dependency payments.

In 2017/18, 30 years of NI contributions calculated purely as the value of the new State Pension is £136.76 (30/35ths of new State Pension full rate of £159.55). Note that it is not as simple as saying pre-2016 system had different rules, as people reaching State Pension age in 2017/18 are still impacted by transitional arrangements as they had National Insurance records prior to April 2016. This means people with 30 years on the NI record may receive more or less than £136.76 depending on whether they paid into an earnings related Additional Pension, or if they were contracted out of the State Pension.

For those on a low income Pension Credit is a non-taxable income related benefit that works by topping up any other income to a standard minimum amount currently £163.00 a week for single people (£248.80 for couples). Those amounts may be higher for those who are severely disabled, have caring responsibilities or certain housing costs.

·         Sum of Old-Age Benefit and family allowance payable during contingency per cent of sum of standard wage and family allowance payable during employment.

65.5 %

TITLE V of RF/C102/ECSS (Article 66), according to which the beneficiary is a woman employee.

·         Amount of benefit granted during the time basis.

The weekly rate of retirement pension for a woman employee is £115.90 [2015/2016 rates].

·         Amount of Old-Age Benefit per cent of the standard wage, payable during the contingency, for a period equal to the time basis.

31.9%


Conclusions of the CEACR concerning the application of the ECSS and the Convention No 102: Direct Request – adopted 2012, published 102nd ILC session (2013): Single-tier pension

Part V (Old-age benefit).  The 44th report on the Code indicates that on 12 July 2012 the Minister of State for Pensions announced details about the single-tier reform of state pensions and a review of state pension age. These reforms would lead to a simpler and fairer system, reducing the need for means testing and rewarding saving. The single-tier pension would be set at a level above the standard minimum guarantee in the (means-tested) pension credit. This will help to ensure that those of working age will be able to save for their retirement with confidence. The reforms would be introduced early in the next Parliament. The Committee would like the Government to specify whether the new single-tier pension, when introduced, would be sufficient by itself to ensure the 40 per cent replacement level required by the Convention or would need to be complemented for this by the product of individual savings.

Conclusions of the CEACR concerning the application of the ECSS (UK’s 47th report, 2015)

Article 28(a). Level of the old-age pension. In its 2010 Resolution on the application of the Code by the United Kingdom, the Committee of Ministers noted that the rate of retirement income provided by the Basic State Pension (BSP) and the Second State Pension (SSP) for a standard beneficiary represented about one third of the reference wage and that to attain the minimum replacement level of 40 per cent prescribed by the Code, the Government counted on private pension generated from savings accrued in the personal accounts. The Government stated in the 41st annual report in 2009 that around 47 per cent of “pensioner units” in the United Kingdom already had an income above the 40 per cent threshold taking into account BSP, SSP and private pensions. Once pension credit has been factored in, this figure rose to 49 per cent.

The Committee notes that since 2009 the Government has progressed plans to introduce a new single tier pension from April 2016, which is designed to pay a higher weekly amount than the current state retirement pension, and has taken steps to restore people’s trust in the private pensions lost in the period of financial and economic crisis. The Committee hopes that the measures taken by the Government to reform the pension system would have permitted the new single tier pension, alone or together with pension credit and private pensions, to move over half of pensioners above the 40 per cent threshold fixed by the Code. To show compliance with this key provision of the Code, the Government is asked to include in its next report all the necessary explanations and data.

Report 2016-ECSS/C102

The new State Pension was introduced on 6 April 2016 and currently has a flat rate value of £155.65. As reported in the 44th Report of the United Kingdom under Article 74 of the ECSS, the reference wage of an ordinary adult labourer for the purposes of Article 66 of the Convention is £330 per week. As such the new State Pension alone accounts for 47 per cent of the reference wage and in 2016 it is estimated that 89% will receive this full gross amount when negating for the effects of contracting out.

In the first 15 years of the new State Pension system, around three-quarters of people who reach State Pension age under the new system will have a notionally higher State Pension than under the old system.

By 2030, over three million men, and over three million women will have benefitted from a notionally higher State Pension. In addition, because of the triple lock, people who have 30 qualifying years or more, will get the new State Pension with a Starting Amount of £570 a year more than if the basic State Pension had been uprated since 2011 by earnings.

ØV - 5. Adjustment of benefits

§10 Article 65, §8 Article 66. C102 and ECSS

The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Report 2016-ECSS, Report 2016-C102:

TITLE VI (Article 65)

Period under review (closest published figures)

Cost of living

index (RPI) (*)

Index of

earnings (**)

A. March 2011

100

100

B. March 2016

18.8

120.2(***)

C. A/B per cent

5.3%

83.2%

(*) Retail Price Index (RPI) All items

(**) Annual Survey of Hours and Earnings

(***) Latest available data on earnings by occupation is for 2010

TITLE VI (Article 65)

Benefit

Period under review

Average per beneficiary +

 

I

Benefit for standard

beneficiary*

II

A. March 2011 [2010/11 rates]

see tables below

£97.65

B. March 2016[2015/16 rates]

see tables below

£115.90

C. A/B per cent

84.0%

* Personal Benefit – Category A Basic Pension at 100% rate

Table 1

State Pension: Average amount of benefit in payment - Time Series by category of pension

Time Series

Total

Cat A *

Cat B

Cat ABL

Cat BL

Cat AB

Average weekly amount of benefit

Average weekly amount of benefit *

Average weekly amount of benefit

Average weekly amount of benefit

Average weekly amount of benefit

Average weekly amount of benefit

May-11

110.54

117.33

116.99

64.8

54.74

141.72

May-12

117.99

124.87

124.24

68.22

57.25

150.7

May-13

121.97

128.6

128.35

69.91

58.33

155.52

May-14

126.46

132.68

132.87

71.78

59.53

160.89

May-15

130.3

135.95

136.92

73.43

60.61

165.38

Nov-15 **

130.71

136.03

137.47

73.38

60.49

165.78

“ * “Includes Additional Pension and Graduated Benefit. “ ** ” Latest available at time of reporting

Average amounts are shown as pounds per week and rounded to the nearest penny. Totals may not sum due to rounding. Category C & D (non-contributory) Pensions excluded

SOURCE: DWP , Data and Analytics, Technology - Work and Pensions Longitudinal Study.

STATE PENSION AGE:

The age at which men and women reach State Pension age is gradually increasing. Under current legislation, State Pension age for women will equalise with State Pension age for men at 65 in 2018. Both men's and women's State Pension age will increase from 65 to 66 between December 2018 and October 2020. The Pensions Bill 2013-14 contains provision for a State Pension age of 67 to be reached by 2028. For more information see

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207966/espa.pdf.

Table 2

State Pension: Average weekly amount of benefit: Category of pension and gender of claimant, November 2010

Nov-2010

Total

Cat A

Cat B

Cat ABL

Cat BL

Cat AB

Gender of claimant

Average weekly

 

amount of benefit

Average weekly

amount of benefit

Average weekly

amount of benefit

Average weekly

amount of benefit

Average weekly

amount of benefit

Average weekly

 

amount of benefit

Total

105.35

112

111.7

62.04

52.5

135.37

Female

93.74

95.39

111.85

62.04

52.5

134.55

Male

124.1

124.18

34

55.8

25.93

143.3

Table 3

State Pension: Average weekly amount of benefit: Category of pension and gender of claimant, November 2015 (latest available)

Nov-2015

Total

Cat A

Cat B

Cat ABL

Cat BL

Cat AB

Gender of claimant

Average weekly

 

amount of benefit

Average weekly

amount of benefit

Average weekly

amount of benefit

Average weekly

amount of benefit

Average weekly

amount of benefit

Average weekly

 

amount of benefit

Total

130.71

136.03

137.47

73.38

60.49

165.78

Female

118.08

119.29

137.79

73.5

60.54

164.7

Male

147.68

147.42

35.16

60.31

26.44

172.08

SOURCE: DWP , Data and Analytics, Technology - Work and Pensions Longitudinal Study. Categories AB & ABL – based on both own and spouse’s/civil partner’s contribution records

Categories B and BL - based on spouse’s/civil partner’s contributions alone.

Report 2012-ECSS:

Pension uprating

The Consumer Prices Index is the Government’s preferred measure for the indexation of benefits, pensions and tax credits. However, for pensioners, the Government has introduced a ‘triple guarantee’ that would see the basic State Pension increase by reference to the higher of growth in: average earnings; prices; or 2.5 per cent.

Additional elements of the basic State Pension will continue to be uprated by at least the growth in prices. These include State Earnings Related Pension Scheme (SERPS), State Second Pension (S2P), increments for deferral, and Graduated Retirement Benefit.

Additional Pension is different to the basic State Pension, because people can contract out of it into occupational or private schemes. It has only ever been uprated by prices, in line with the indexation arrangements for second tier pensions generally. To increase Additional Pension by more than prices would put it out of kilter with occupational and private pension schemes.

Ø V - 6. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 29. C102 and ECSS

1. The benefit specified in Article 28 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 30 years of contribution or employment, or 20 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment but is less than 30 years of contribution or employment; if such qualifying period exceeds 15 years, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. Where the benefit referred to in paragraphs 1, 3 or 4 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be payable under prescribed conditions to a person protected who, by reason only of his advanced age when the provisions concerned in the application of this Part come into force, has not satisfied the conditions prescribed in accordance with paragraph 2 of this Article, unless a benefit in conformity with the provisions of paragraphs 1, 3 or 4 of this Article is secured to such person at an age higher than the normal age.

Report 2016-ECSS, Report 2016-C102:

Qualification for the new state pension is based on an individual’s National Insurance record, with a minimum qualifying period of 10 years usually required to receive any pension. In steady state, the full rate of the new State Pension (previously referred to as the single-tier pension) will be based on 35 qualifying years of National Insurance contributions or credits. Transitional arrangements are in place for those who have qualifying years before 6 April 2016.

Ø V -7. Duration of Benefit

Article 30. C102 and ECSS

The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.

Ø V - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

 (g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

Social Security Contributions and Benefits Act 1992

Section 113. Disqualification and suspension

(1) Except where regulations otherwise provide a person shall be disqualified for receiving any benefit under Parts II to V of this Act, and an increase of such benefit shall not be payable in respect of any person as the beneficiary’s [wife, husband or civil partner, for any period during which the person:

(a) is absent from Great Britain; or

(b) is undergoing imprisonment or detention in legal custody.

(2) Regulations may provide for suspending payment of such benefit to a person during any period in which he is undergoing medical or other treatment as an inpatient in a hospital or similar institution.

(3) Regulations may provide for a person who would be entitled to any such benefit but for the operation of any provision of this Act [the Administration Act or Chapter II of Part I of the Social Security Act 1998] to be treated as if entitled to it for the purposes of any rights or obligations (whether his own or another’s) which depend on his entitlement, other than the right to payment of the benefit.

Ø V - 9. Right of complaint and appeal  

See under Part XIII-2

Ø V - 10. Financing and Administration

See under Part XIII-3

Financing principle: contributions and state guarantee.

Report 2014-ECSS:

Class 3A voluntary National Insurance contributions

Following an announcement in the 2013 Autumn Statement the government brought forward a measure in the Pensions Bill 2013 to introduce a new class of voluntary National Insurance contribution (VNIC) – Class 3A. This would allow existing pensioners and those reaching State Pension age before 6 April 2016 the opportunity to gain additional State Pension by making Class 3A National Insurance contributions. It will provide an opportunity for pensioners to improve their retirement income by obtaining inflation-proofed extra additional State Pension and offer protection to surviving spouses or civil partners. This could be particularly beneficial to women and other groups who have not done well under additional State Pensions and have not previously been able to top up their State Pension. This research was commissioned to provide understanding of the likely take-up of Class 3A VNICs.

The Report can be viewed via the following link:

https://www.gov.uk/government/publications/additional-voluntary-national-insurance-contributions-at-state-pension-age-results-from-an-online-survey

See also the original report:

https://www.gov.uk/government/publications/additional-voluntary-national-insurance-contributions-at-state-pension-age

The United Kingdom has accepted the obligations resulting from C12, 17, 42.




Part VI. Employment Injury Benefit

Category

Full compliance

Request of information

insufficient information

 no or very little information

VI-1. Contingencies and regulatory framework

Ø Art.1 C12, Art.1 C17 Art.1(1) C42

VI-2. Persons Protected

Ø Art.2 C17

VI-3. Definition of Occupational diseases

Bildergebnis für знак проезд запрещенArt.2 C42

VI-4. Benefits in cash

Ø Art.5,7 C17

Art.1(2) C42

VI-5. Benefits in kind

Bildergebnis für знак проезд запрещенArt.9 C17       Art.10(1) C17

VI-6. Waiting period

* Art.6 C17

VI-7. Insolvency of employer

Ø Art.11 C17

VI-8. Financing and Administration

Ø Art.8, 10(2) C17

List of applicable legislation

Report 2016-C12, C17, C42:

2011

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2011 SI No 1024

http://www.legislation.gov.uk/uksi/2011/1024/made

·         The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2011 SI No 1026

http://www.legislation.gov.uk/uksi/2011/1026/contents/made

·         The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations 2011 SI No 1497

http://www.legislation.gov.uk/uksi/2011/1497/made

·         The Workmen’s Compensation (Supplementation)(Amendment) Scheme 2011 SI No 868 

http://www.legislation.gov.uk/uksi/2011/868/made?view=plain

2012

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2012 SI No 918

http://www.legislation.gov.uk/uksi/2012/918/contents/made           

·         The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2012 SI No 923

http://www.legislation.gov.uk/uksi/2012/923/contents/made

·         The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations 2012 SI No 647

http://www.legislation.gov.uk/uksi/2012/647/made

·         The Workmen’s Compensation (Supplementation)(Amendment) Scheme 2012 SI No 833

http://www.legislation.gov.uk/uksi/2012/833/section/1/made

·         The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2012 SI No 1634

http://www.legislation.gov.uk/uksi/2012/1634/contents/made

2013

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2013 SI No 670

http://www.legislation.gov.uk/uksi/2013/670/contents/made

·         The Pneumoconiosis etc. Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2013 SI No 690

http://www.legislation.gov.uk/uksi/2013/690/contents/made

·         Industrial Injuries Benefit (Employment Training Schemes and Courses) Regulations 2013 SI No 2540

http://www.legislation.gov.uk/uksi/2013/2540/contents/made

2014

·         The Diffuse Mesothelioma Payment Scheme Regulations 2014 SI No 916

http://www.legislation.gov.uk/uksi/2014/916/contents/made

·         The Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2014 SI No 917

http://www.legislation.gov.uk/uksi/2014/917/contents/made

·         Mesothelioma Act 2014 SI c.1

http://www.legislation.gov.uk/ukpga/2014/1/contents

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2014 SI No 868

http://www.legislation.gov.uk/uksi/2014/868/contents/made

·         The Pneumoconiosis etc. Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2014 SI No 869

http://www.legislation.gov.uk/uksi/2014/869/contents/made

2015

·         The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2015 SI No 87

http://www.legislation.gov.uk/uksi/2015/87/pdfs/uksi_20150087_en.pdf

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2015 SI No 500

http://www.legislation.gov.uk/uksi/2015/500/contents/made

·         The Pneumoconiosis etc. Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2015 SI No 503

http://www.legislation.gov.uk/uksi/2015/503/contents/made

2016

·         The Social Security (Claims and Payments) Amendment Regulations 2016 SI No 544

http://www.legislation.gov.uk/uksi/2016/544/contents/made  (equivalent regulations are due to be introduced in Northern Ireland in late 2016 to support the development of online claims).

Northern Ireland

2011

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2011 S.R. No 68

http://www.legislation.gov.uk/nisr/2011/68/contents/made

·         The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) (Northern Ireland)Regulations 2011 S.R. No.67

http://www.legislation.gov.uk/nisr/2011/67/contents/made

·         The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2011 S.R. No.231

http://www.legislation.gov.uk/nisr/2011/231/contents/made

2012

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) (Northern Ireland) Regulations 2012 S.R.83

http://www.legislation.gov.uk/nisr/2012/83/contents/made

·         The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2012 S.R. No.84

http://www.legislation.gov.uk/nisr/2012/84/contents/made

·         The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2012 S.R. No.100

http://www.legislation.gov.uk/nisr/2012/100/contents/made

·         The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 2012 S.R. No. 264

http://www.legislation.gov.uk/nisr/2012/264/contents/made

2013

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2013 S.R.No.57

http://www.legislation.gov.uk/nisr/2013/57/contents/made

·         The Pneumoconiosis etc. Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2013 S.R.No.56

http://www.legislation.gov.uk/nisr/2013/56/contents/made

2014

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2014 S.R.No.63

http://www.legislation.gov.uk/nisr/2014/63/contents/made

·         The Pneumoconiosis etc. Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2014 S.R.No.

http://www.legislation.gov.uk/nisr/2014/62/contents/made

2015

·         The Social Security (Industrial Injuries) (Prescribed Diseases)(Amendment) Regulations (Northern Ireland)2015 S.R. No.52

http://www.legislation.gov.uk/nisr/2015/52/contents/made

·         The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland)2015 S.R. No.65

http://www.legislation.gov.uk/nisr/2015/65/contents/made

·         The Pneumoconiosis etc. Workers' Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland)2015 S.R. No.64

http://www.legislation.gov.uk/nisr/2015/64/contents/made

·         The Welfare Reform (Northern Ireland) Order 2015 S.I. 2006 (N.I. 1)

http://www.legislation.gov.uk/nisi/2015/2006/contents

2016

·         The Industrial Injuries Benefit (Employment Training Schemes and Courses) Regulations (Northern Ireland) 2016 S.R.No.238

http://www.legislation.gov.uk/nisr/2016/238/contents/made

·         The Social Security, Child Support and Mesothelioma Lump Sum Payments (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2016 S.R. No. 208

http://www.legislation.gov.uk/nisr/2016/208/contents/made

ØVI - 1. Contingencies and regulatory framework

Article 1. C12

Each Member of the International Labour Organisation which ratifies this Convention undertakes to extend to all agricultural wage-earners its laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment.

Report 2006-2016-C12:                                            

The position remains as previously described. Agricultural workers are not covered by a special system of social insurance. They are covered by the general Industrial Injuries Benefits schemes in operation in Great Britain and Northern Ireland respectively and that cover all employed earners. The provisions described in the concurrent Reports in respect of Conventions No. 17 (Accident) and No. 42 (Occupational Diseases) apply equally to agricultural workers, for the reference period.

Article 1. C17

Each Member of the International Labour Organisation which ratifies this Convention undertakes to ensure that workmen who suffer personal injury due to an industrial accident, or their dependants, [???] shall be compensated on terms at least equal to those provided by this Convention.

Ø §1 Article 1. C42

Each Member of the International Labour Organisation which ratifies this Convention undertakesto provide that compensation shall be payable to workmen incapacitated by occupational diseases, or, in case of death from such diseases, to their dependants, in accordance with the general principles of the national legislation relating to compensation for industrial accidents.

Report 2016-C42:

The regulations set out in the Annex (see list of applicable legislation) modify the provisions described in previous reports by, amongst other things, up-rating the various benefits and making changes to the list of prescribed diseases (PDs).

NB: Information from the website www.gov.uk:

Outline of the UK IIDB scheme[36]

The industrial injuries disablement benefit scheme (IIDB) has its statutory basis in the Social Security Act 1975 and subsequent statutory instruments, as well as the Social Security Contributions and Benefits Act 1992. The scheme is administered by the Department of Works and Pensions (DWP). The benefit provides compensation for disablement due to loss of faculty. It does not take into account economic losses due to an injury when determining the level of compensation. To be eligible under the scheme, it needs to be demonstrated that the injury or disease is work related. This is achieved with a schedule of prescribed diseases for which work causation is assumed, provided pre-defined exposure criteria are met. Work relatedness can also be demonstrated by showing that a specific work related incident has resulted in the injury or the disease. The levels of compensation for amputations, loss of vision, disfigurement and for noise induced hearing loss (NIHL) are defined by statutory instruments. Whilst there exists case law and guidance for other injuries, this is not based on statute law, and therefore considered not as robust as the statutory tables for the purpose of assessing disablement under the IIDB scheme.

NB: 23rd Biennial report on unratified parts of the European Code of Social Security made by the United Kingdom to the Council of Europe at Strasbourg for the period 1 July 2014 to 30 June 2016.

The position remains as previously described. The United Kingdom (UK) is unable to accept Part VI of the Code because UK law and practice are not compatible with the requirements of Article 34 2(b) and (e). These exceptions apart, the requirements of Part VI are met by the provisions in the UK scheme which ensure that all employed workers (‘employed earners’) are compulsorily protected against employment injury and disease.

The position remains unchanged. Prescription charges and the costs of dental treatment are borne by recipients of industrial injuries benefits on the same basis as they are borne by people receiving other state benefits. This is at variance with the requirement of Article 34 that persons suffering employment related injury should not contribute to their cost of medical care.

Ø VI - 2. Persons protected

Articles 2. C17

1. The laws and regulations as to workmen’s compensation shall apply to workmen, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private.

2. It shall nevertheless be open to any Member to make such exceptions in its national legislation as it deems necessary in respect of:

(a) persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer’s trade or business;

(b) out-workers;

(c) members of the employer’s family who work exclusively on his behalf and who live in his house;

(d) non-manual workers whose remuneration exceeds a limit to be determined by national laws or regulations.

Report 2006-2016-C17/C42:

There has been no change to the scope of application since the last report. All employed earners are covered by the Industrial Injuries Scheme.

Ø VI – 3. Definition of Occupational Diseases

Article 2. C42

Each Member of the International Labour Organisation which ratifies this Convention undertakes to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended hereto, when such diseases or such poisonings affect workers engaged in the trades, industries or processes placed opposite in the said Schedule, and result from occupation in an undertaking covered by the said national legislation.

List of diseases and toxic substances

List of corresponding trades, industries and processes

Poisoning by lead, its alloys or compounds and their sequelae.

§  Handling of ore containing lead, including fine shot in zinc factories.

§  Casting of old zinc and lead in ingots.

§  Manufacture of articles made of cast lead or of lead alloys.

§  Employment in the polygraphic industries.

§  Manufacture of lead compounds.

§  Manufacture and repair of electric accumulators.

§  Preparation and use of enamels containing lead.

§  Polishing by means of lead files or putty powder with a lead content.

§  All painting operations involving the preparation and manipulation of coating substances, cements or colouring substances containing lead pigments.

Poisoning by mercury, its amalgams and compounds and their sequelae.

§  Handling of mercury ore.

§  Manufacture of mercury compounds.

§  Manufacture of measuring and laboratory apparatus.

§  Preparation of raw material for the hatmaking industry.

§  Hot gilding.

§  Use of mercury pumps in the manufacture of incandescent lamps.

§  Manufacture of fulminate of mercury primers.

Anthrax infection.

§  Work in connection with animals infected with anthrax.

§  Handling of animals carcasses or parts of such carcasses including hides, hoofs and horns.

§  Loading and unloading or transport of merchandise.

Silicosis with or without pulmonary tuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death.

Industries or processes recognised by national law or regulations as involving exposure to the risk of silicosis.

Phosphorous poisoning by phosphorous or its compounds, and its sequelae.

Any process involving the production, liberation or utilisation of phosphorous or its compounds.

Arsenic poisoning by arsenic or its compounds, and its sequelae.

Any process involving the production, liberation or utilisation of arsenic or its compounds.

Poisoning by benzene or its homologues, their nitro- and amido-derivatives, and its sequelae.

Any process involving the production, liberation or utilisation of bezene or its homologues, or their nitro- or amido-derivatives.

Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series.

Any process involving the production, liberation or utilisation of halogen derivatives of hydrocarbons of the aliphatic series designated by nationals laws or regulations.

Pathological manifestations due to:

§  a) radium and other radioactive substances;

§  b) X-rays.

Any process involving exposure to the action of radium, radioactive substances, or X-rays.

Primary epitheliomatous cancer of the skin.

Any process involving the handling or use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of these substances.

Ø Ø

Report 2011-C42:

There has been no change since the last report.

Conclusions of the CEACR concerning the application of the Convention No 42: Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

 For a number of years, the Committee has been drawing the Government’s attention to the need to amend the list of occupational diseases so as to extend the protection ensured by the Industrial Injuries (II) Scheme to cover: (i) all pathological manifestations due to radium and other radioactive substances and to X-rays; and (ii) poisoning by all halogen derivatives of hydrocarbons of the aliphatic series.

The Government indicates in its report that, in addition to the list of prescribed diseases, the II Scheme also provides compensation for diseases or injuries which are a recognizable outcome from accidental occupational exposure, but there is no statutory list of all diseases covered by accident provisions. The Government also states that the Industrial Injuries Advisory Council (IIAC) advises the Government when it is satisfied that there is evidence that a condition is more likely than not to be caused by a particular occupation. In its 2002 report, for example, the IIAC recommended removing several occupational diseases from the prescribed list as the chemical exposures necessary to cause the disease would only occur in accidental situations: poisoning by tetrachloroethane (a halogenated aliphatic hydrocarbon) was thus removed from the list of prescribed diseases in 2003 as it was considered adequately covered by the accident provisions of the II Scheme. The Government adds that the IIAC will continue to monitor newly published scientific evidence about the occupational incidence of ionizing radiation and toxicity from exposure to certain industrial chemicals and provide the Government with advice on whether the evidence fits the legal requirements for inclusion in the II Scheme.

The Committee notes that although it is different in nature from the system established by the Convention, the II Scheme operating in the United Kingdom appears to ensure equivalent protection to that guaranteed by the Convention in respect of certain diseases and substances that are not any longer included as such in the list of occupational diseases considering the advancement of industrial techniques and operations. The Committee would like the Government to provide complementary information on the manner in which the burden of proof is regulated in such cases and asks the Government to keep it informed of any developments as regards the manner in which the national legislation compensates the diseases listed in the Schedule to the Convention, in particular in respect of diseases caused by certain halogen derivatives of hydrocarbons of the aliphatic series which are not included in the list of occupational diseases.

Report 2016-C42:

Response to the points raised in the Committee of Experts’ Observation and Direct Request (2013/102th Session)

 Where claims are made for injuries or diseases in cases of accidental exposure the claimant must show on the balance of probabilities that an accident occurred.

Recommendations of the Industrial Advisory Council are available at the following website along with other review updates.

https://www.gov.uk/government/collections/position-papers-industrial-injuries-advisory-council

NB: Information from the website www.gov.uk:

Presumption that a disease is due to the nature of employment: the role of rebuttal in claims assessment[37]

As highlighted in Cm 8880 (‘Presumption that a disease is due to the nature of employment: coverage and time rules’, 2014), presumption is an essential feature of the Industrial Injuries Disablement Benefit Scheme, which underpins its administrative efficiency. In brief, it allows decision-makers to presume that a claimant’s disease is due to occupation. The related prescription schedule[38] sets out the circumstances in which this is supported scientifically, on the balance of probabilities. The intention is to spare claimants the burden of gathering evidence to demonstrate occupational causation, especially where this could be slow, costly and difficult. Importantly, also, the provisions streamline the Scheme’s administration, allowing it to be run in a simple, cost-efficient, consistent manner.

A feature of the presumption regulation on which this report focuses is that decision-makers have the power to rebut (refuse) a claim if proof is said to exist that the disease was not caused by a claimant’s work. This provision allows flexibility to reject claims where it would clearly be wrong to pay benefit – for example, those involving trivial exposures. On the other hand, rebuttal risks sacrificing some of the gains in administrative efficiency and simplification that presumption offers. Importantly, also, rebuttal can be challenging to apply correctly.

This last concern arises particularly in respect of diseases which, when occupationally caused, are clinically indistinguishable from the same disease caused by factors outside work. Attribution to work in a claimant with both occupational and non-occupational risk factors rests then on an assessment of causal probabilities, rather than on clinical judgement, and may be liable to errors in causal reasoning.

Medical assessors … may attempt difficult judgements about causal probabilities in circumstances where the requisite epidemiological expertise is not available and would be wholly inefficient to provide. A concern, central to the Council’s thinking on the matter, is that for diseases of the “no-one can tell” type, there is a danger that decisions may not always be grounded firmly in the science. As well as duplicating the work of the Council, rebuttal carries the potential to overturn evidence gathered, sifted and evaluated systematically for its causal probabilities.

Although claimants frequently have access to the valuable advice of a specialist medical consultant and a trained disability analyst will give medical advice, it should be stressed that for such diseases the required skills to address the ‘causation’ question are primarily epidemiological and statistical, rather than clinical.

The Council has considered whether the power of rebuttal should be removed or legally limited for diseases where contrary proof would be hard to muster reliably. However, various policy-related and legal arguments weigh against regulatory amendment. Instead, the Council proposes to strengthen guidance on how rebuttal should be applied within the Scheme. … The idea, effectively, of operating two schedules of prescribed diseases, one in which presumption that the disease is due to the nature of employment would follow directly from the prescription, and another that would allow further evidence gathering as necessary by the decision maker, has advantages. Although enacted only through guidance, it would raise awareness of the problem and would enable a clearer separation between diseases where rebuttal can be more safely applied and those where it should rarely be. For diseases whose causal attribution is particularly challenging, the task of answering the ‘causation’ question would also be simplified, and evaluation of the merits or otherwise of benefit award would be strengthened in all but rare and unusual circumstances.

Broadly speaking, diseases for which the causation question should ordinarily follow directly from the terms of prescription include: 1) the majority of the cancers covered by the Scheme; 2) conditions that develop gradually, like occupational deafness (Prescribed Disease (PD) A10), osteoarthritis of hip and knee (PD A13, PD A14), and chronic obstructive pulmonary disease (PD D12), all of which were prescribed with strong supporting epidemiological and population-based evidence; 3) the asbestosrelated diseases (e.g. diffuse pleural thickening (PD D9), mesothelioma (PD D3)); and 4) disorders that are specific to occupation (e.g. pneumoconiosis (PD D1), byssinosis (PD D2) and chronic beryllium disease (PD C17)). For occupational asthma (PD D7), occupational allergic rhinitis (PD D4), and hand-arm vibration syndrome (PD A11) presumption should also be automatic in the sense that the terms by which these diseases are defined within the Scheme require that they can and should only be diagnosed when they are occupationally caused.

This policy report does not recommend a change in regulation. Through it, however, the Council wishes to draw to the attention of decision makers, medical advisors, policy advisors and other stakeholders, the challenge in applying rebuttal robustly. Very often, accepting the schedule as written will offer a fairer, more consistent and appropriate basis for deciding whether a disease is due to the nature of employment, with the added potential of being resource-sparing and simpler to enact.

Ø VI – 4. Benefits in cash

Articles 5 and 7. C17

The compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments; provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilised.

In cases where the injury results in incapacity of such a nature that the injured workman must have the constant help of another person, additional compensation shall be provided.

§2 Article 1. C42

The rates of such compensation shall be not less than those prescribed by the national legislation for injury resulting from industrial accidents. Subject to this provision, each Member, in determining in its national law or regulations the conditions under which compensation for the said diseases shall be payable, and in applying to the said diseases its legislation in regard to compensation for industrial accidents, may make such modifications and adaptations as it thinks expedient.

ILO Comments: please explain the compensation payable to the dependants of the insured woman in case of his death.

RF/C42: please give:

(iii) information regarding the conditions under which compensation for occupational diseases is payable, the rate of compensation of such diseases, and the modifications and adaptations thought expedient in applying the legislation in regard to compensation for industrial accidents to the said diseases.

Report 2006-2016-C17:

Articles 5. C17

There has been no change since the last report.

Report 2016-C17, Report 2016-C42:

Articles 5. C17, Article 1. C42

Level of benefits

1.    Examples of weekly rates of Disablement Benefit, and associated increases payable during the period under consideration are shown below:               

From April

2012/2013

(£)GB

2013/2014 (£)

2014/2015 (£)

2015/2016 (£)

2016/2017(£)

Disablement         100%

158.10

161.60

166.00

168.00

168.00

Disablement 20%

31.62

32.32

33.20

33.60

33.60

Reduced Earnings Allowance* (maximum rate)

63.24

64.64

66.40

67.20

67.20

Retirement Allowance            

15.81

16.16

16.60

16.80

16.80

Constant Attendance Allowance (maximum)

126.60

129.40

132.80

134.40

134.40

Exceptionally Severe Disablement Allowance

63.30

64.70

66.40

67.20

67.20

*Reduced Earnings Allowance is not payable in respect of accidents or diseases arising on or after 1 October 1990.

Ø VI – 5. Benefits in kind

Article 9. C17

 Injured workmen shall be entitled to medical aid and to such surgical and pharmaceutical aid as is recognised to be necessary in consequence of accidents. The cost of such aid shall be defrayed either by the employer, by accident insurance institutions, or by sickness or invalidity insurance institutions.

§1. Article 10. C17

Ø 1. Injured workmen shall be entitled to the supply and normal renewal, by the employer or insurer, [PNL?] of such artificial limbs and surgical appliances as are recognised to be necessary: provided that national laws or regulations may allow in exceptional circumstances the supply and renewal of such artificial limbs and appliances to be replaced by the award to the injured workmen of a sum representing the probable cost of the supply and renewal of such appliances, this sum to be decided at the time when the amount of compensation is settled or revised.

2. National laws or regulations shall provide for such supervisory measures as are necessary, either to prevent abuses in connection with the renewal of appliances, or to ensure that the additional compensation is utilised for this purpose.

RF/C17:

Please state:

(a) the nature and duration of the medical, surgical and pharmaceutical aid to which injured workmen are entitled;

(b) from whom such aid is due.

Please state:

(a) the conditions applying to the supply and renewal of such artificial limbs and surgical appliances as are recognised to be necessary for injured workers;

(b) the conditions under which the supply and renewal of such artificial limbs and appliances are replaced by the award of additional compensation in cash;

Benefits in kind:

(a) total cost of benefits in kind;

(b) average cost of benefits in kind per person covered by the legislation.

Report 2006-2016-C17:

There has been no change since the last report.

Conclusions of the CEACR concerning the application of the Convention No 17: Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 9 of the Convention. Cost sharing.  In reply to earlier comments by the Committee concerning the cost-sharing by victims of industrial accidents to the cost of pharmaceutical products prescribed outside hospitalization, the Government once again indicates that the provisions of the National Health Service Act regarding reimbursement of pharmaceutical expenses are fair to the extent that they target assistance towards those persons in the greatest financial difficulties. The Government remains convinced that the victims of occupational accidents in this category will be adequately protected by the above legislation. It further undertakes to ensure that over the course of the next three years increases in cost sharing will not exceed the inflation rate.

While it once again takes due note of this information, the Committee reminds the Government that any provision providing for cost-sharing by the victim of an occupational accident in the cost of prescribed pharmaceutical products is not in conformity with Article 9 of the Convention, as the aim of this provision is to prevent the financial consequences derived from the occupational injury being borne by the worker. In this connection, information previously communicated by the Government shows that, firstly, victims of occupational injuries are not required to share in the costs of prescribed pharmaceutical products when they are in a hospital or when their income is beneath a certain limit and, secondly, many categories of insured persons are exempt from cost sharing in respect of pharmaceutical products, irrespective of their level of income. Also, under the existing prescription prepayment arrangements (PPC), persons with paid annual or four-monthly certificates are exempted from the payment of prescription charges for the corresponding period. As a result of these arrangements, only 8.4 per cent of items are paid for at the point of dispensing. Taking these exemptions into account, the Committee still considers that the Government should be able to include all victims of occupational accidents, irrespective of their income level, within the category of insured persons exempt from cost sharing so that pharmaceutical assistance dispensed outside hospital is provided free of charge to all victims of industrial accidents. The Committee trusts that the Government will re-examine this question and take the measures necessary to ensure the full implementation of the Convention on this point.

Report 2011-C17:

Government’s response to the CEACR comments:

The Government, in response, would reiterate points made in its previous reply to the Committee and continues to believe that the present provisions of the National Health Service Acts, in relation to pharmaceutical charges, is fair in targeting help to those who have greatest difficulties in paying. The Government is confident that victims of industrial injuries who fall within this group will be adequately covered by the provision of these Acts.

Government policy is that entitlement to free prescriptions is based on the principle that those who can afford to contribute should do so, while those who are likely to have difficulty in paying should be protected. The extensive exemption and charge remission arrangements are intended to ensure that no one need be deterred from obtaining any necessary medication on financial grounds.

The following patients do not pay a prescription charge:

·         Men and women aged 60 and over

·         Children under 16

·         Young people aged 16, 17 and 18 who are in full time education

·         Pregnant women and women who have had a child in the previous 12 months and who hold a valid exemption certificate

·         People who hold a valid exemption certificate for a War Disablement but only in respect of medication for the disablement

·         People suffering from certain medical conditions and who hold a valid exemption certificate

·         The patient or partner is receiving one of the following:

o    Income Support;

o    Pension Credit guarantee credit (for partners who are under 60); or

o    Income-based Jobseeker‘s Allowance.

People who have to pay can seek help under the NHS Low Income Scheme, which provides income-related help with health costs. Entitlement is calculated by Help with Health Costs Section of the NHS Business Services Authority.

The extent of any help is based on a comparison between a person's income and requirements at the date a claim is received. No help is available if a person has “more than £16000, or £21,000 for people who live permanently in a care home."

Those on or below the £15,050 who receive Child Tax Credits or Working Tax Credit with a disability element will receive a NHS Tax Credit Exemption Certificate which entitles them to free NHS prescriptions and help with other NHS costs.

People who have to pay NHS prescription charges and do so regularly, or need a lot of prescription items could save money with a Prescription Prepayment Certificate (PPC). A four monthly PPC or an annual certificate will save people money if they need more than 5 items in 4 months or 14 items in 12 months. A four monthly English PPC costs £34.65 and an annual certificate costs £95.30 from 1 April 2006.

As a result of these arrangements only 8.4% of items were paid for at the point of dispensing and 4.7% were dispensed to holders of a Prepayment Certificate.

Conclusions of the CEACR concerning the application of the Convention No 17: Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 9 of the Convention. Cost sharing for pharmaceutical products.  The Committee regrets to note that no reply was received to its previous observations on the measures taken to include all victims of occupational accidents within the category of insured persons exempt from cost-sharing so that pharmaceutical assistance dispensed outside the hospital is provided free of charge to all victims of occupational accidents. The Committee requests the Government to indicate in its next report the measures taken to further reduce cost-sharing for pharmaceutical products outside the hospital for victims of occupational accidents and provide the corresponding statistical information.

Report 2016-C17:

 In respect of pharmaceutical products outside the hospital the position continues to be that, prescription charges and the costs of dental treatment are borne by recipients of industrial injuries benefits on the same basis as they are borne by people receiving other state benefits. Assistance may be available for example, because of receipt of a qualifying income-related benefit, because of specified conditions related to age or health.

http://www.nhs.uk/NHSEngland/Healthcosts/Pages/Prescriptioncosts.aspx

In respect of pharmaceutical products outside the hospital the position is that all Health Service prescriptions dispensed in Northern Ireland are free of charge for everyone.

https://www.nidirect.gov.uk/articles/help-with-health-costs


Ø VI - 6. Waiting period

Article 6. C17

In case of incapacity, compensation shall be paid no later than as from the fifth day after the accident, whether it be payable by the employer, the accident insurance institution, or the sickness insurance institution concerned.

RF/C17: please state:

(a) as from what day after the accident compensation is paid in the case of incapacity;

(b) by whom the compensation is payable: the employer, on accident insurance institution or a sickness insurance institution.

Report 2006-2016-C17:

There has been no change since the last report.

Ø VI - 7. Insolvency of employer

Article 11. C17

The national laws or regulations shall make such provision as, having regard to national circumstances, is deemed most suitable for ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workmen who suffer personal injury due to industrial accidents, or, in case of death, to their dependants.

NB: 23rd Biennial report on unratified parts of the European Code of Social Security made by the United Kingdom to the Council of Europe at Strasbourg for the period 1 July 2014 to 30 June 2016.

Industrial injuries benefits are financed from general taxation and are non-contributory.

Report 2006-2016-C17:

There has been no change since the previous report.

Ø VI - 8. Financing and Administration

Article 8. C17

The national laws or regulations shall prescribe such measures of supervision and methods of review as are deemed necessary.

§2. Article 10. C17

National laws or regulations shall provide for such supervisory measures as are necessary, either to prevent abuses in connection with the renewal of appliances, or to ensure that the additional compensation is utilised for this purpose.

Report 2016-C17:

The total amount of Industrial Injuries Benefits expenditure for the financial year ending each March (GB£ million) was as follows:

2012

2013

2014

2015

2016

888

(outturn)

905

901

908

899

(forecast)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/500456/outturn-and-forecast-autumn-statement-2015.xlsx [Source: Table 1a Row 34]

                                               

The combineddirect staffing cost and cost of medical services for IIDB for the year 2015/16 is estimated at £11 million. The costs of estates, IT support, central services and the administrative costs of actually paying the benefit are not available. Since the previous reporting period, there have been further developments on administration. During the reporting period the number of processing sites was reduced to two regional centres, covering the whole of Great Britain. In 2016 work started on developing an online claims process starting with accident claims with disease applications following later. The Industrial Injuries Computer System is still in operation but improvements have been to help with the management of workflow, the receipt and storage of documents by adding an electronic retention system and using scanning.

The cost of Industrial Injuries benefits (IIB) in Northern Ireland for the financial years ending March were as follows: (in £GB thousands)

2012

2013

2014

2015

2016

29,357

29,494

29,748

30,067

29,982

The cost of administering Industrial Injuries benefits in Northern Ireland for the financial years ending March was as follows (£GB thousands)

2012

2013

2014

2015

2016

774

762

601

600

*


*
benefits now administered by Employment and Support Allowance and specific costs for IIB are not identifiable.

Report 2016-C42:

The Industrial Injuries Scheme in Great Britain is administered by the Department for Work and Pensions, through two dedicated regional Industrial Injuries Benefit delivery centres. The Industrial Injuries Scheme in Northern is administered by the Department for Communities.


Part VII. Family Benefit

The United Kingdom has accepted the obligations resulting from Part VII of C102 and Part VII of the ECSS.

Category

Full compliance

Request of information

insufficient information

 no or very little information

VII-1. Regulatory framework

ØArt.39 C102/ECSS

VII-2. Contingency covered

ØArt.40 C102/ECSS

VII-3. Persons Protected

Ø Art.41 C102/ECSS

VII-4. Types of Benefits

Ø Art.42  C102/ECSS

VII-5. Qualifying period

Ø Art.43  C102/ECSS

VII-6. Level and Calculation of Benefit

Art.44  C102/ECSS

VII-7. Duration of Benefit

Ø Art.45 C102/ECSS

VII-8. Suspension of Benefit

Ø Art.69 C102

Art.68 ECSS

VII-9. Right of complaint and appeal

Ø Art.70 C102

Art.69 ECSS

VII-10. Financing and Administration

Ø Art.71 C102

Art.70 ECSS

List of applicable legislation

·         The Child Maintenance and other payments Act 2008

http://www.dwp.gov.uk/docs/a2-7601.pdf

·         Tax Credits Act 2002

http://www.legislation.gov.uk/ukpga/2002/21/pdfs/ukpga_20020021_en.pdf

Ø VII - 1. Regulatory framework

Article 39. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of family benefit in accordance with the following Articles of this Part.

Report 2016-ECSS, Report 2016-C102:

·         Child Benefit (CHB) is generally payable to all persons who have responsibility for a child, regardless of means. CHB is a non-contributory benefit and is not treated as taxable income.

·         As of January 2013, claimants may be liable to a tax charge called the 'High Income Child Benefit charge'. Being liable for this charge does not affect entitlement to Child Benefit for a child, but anyone receiving Child Benefit is liable to pay a tax charge linked to the amount of Child Benefit if they or their partner has an individual income of more than £50,000 per year. For every additional £100 over the £50,000 threshold that an individual earns, the tax charge due increases by 1%. This means that any claimant receiving a payment of Child Benefit whose income (or partner’s income) is over £60,000 will be liable to pay a charge equal to the total amount of Child Benefit received. Alternatively, claimants affected by the High Income Child Benefit charge have the option to opt-out of receiving Child Benefit, thereby ceasing their payments, which means that they are not subject to the tax charge.

ILO Comments: the total amount of the High Income Child Benefits charge should be deducted in calculating the total value of family benefits under Article 44 of C102/ECSS.

·         The Child Tax Credit (CTC) is a means-tested form of support for families (with children) who are in or out of work and living in the UK.

·         The Working Tax Credit (WTC) provides financial support, on top of earnings for in-work households with low incomes who are living in the UK. This is paid to families with or without children. WTC provides support to in-work households on low incomes and additional support is available for disabled workers. It is payable to the person who is working. The “childcare element” of WTC is paid directly to the main carer of the child or children along with Child Tax Credit. Further information on eligibility for tax credits and how awards are calculated is published in leaflet WTC 210.

[WTC does not fall under Part VII as it is also paid to families without children]

In the Summer Budget 2015, the Government announced various measures to ensure the tax credit system is targeted at those who need it most. From 6 April 2016, if a claimant is entitled to Working Tax Credit, whether on its own or in addition to Child Tax Credit, and their family’s annual income is below £3850, they will get the maximum amount of all the elements that they qualify for. If income is over that threshold, the maximum amount will be reduced by 48 pence for every pound of income over the threshold.

Reports and Researches

Report 2013-ECSS:

Government Actuary’s Report 2012/13

The Report of the Government Actuary on the potential impact on the National Insurance Fund of the draft Social Security Benefits Up-rating Order 2013 and the draft Social Security (Contributions) (Re-rating) Order 2013 that were to introduce the 2013 annual rates of Contributions and Benefits as set out in Tables 1 and 2 above, and also the response in respect of the table of benefits set out in Part I B of this report above, can be viewed via the following link:

http://www.gad.gov.uk/Documents/Social%20Security/GAD_Report_2013.pdf

Report 2012-ECSS:

Research – HMRC Reports[39]

No 173: Tracking renewals advertising for Tax Credits (wave 23) – 2011.  This research covers Wave 23 of the Tax Credits communications tracking and evaluates the 2011 Renewals activity.

http://www.hmrc.gov.uk/research/report173.pdf

No 150: Views on eligibility for tax credits and Child Benefit and any stigma associated with claiming these. The aim of this report is to explore customers’ views about how levels of income should affect eligibility for tax credits and Child Benefit. This report is based on analysis of survey data collected as part of the Panel Study of Tax Credits and Child Benefit customers.

http://www.hmrc.gov.uk/research/report150.pdf

No 149: Risk factors of error in the tax credits process. The focus of this report is the risk factors of introducing errors in the tax credits process. This report presents findings from the 2009 Panel Study of Tax Credits and Child Benefit customers.

http://www.hmrc.gov.uk/research/report149.pdf

No 148: Tax credits renewals. This report focuses on people’s experiences with the renewals process of tax credits. It is based on analysis of survey data collected as part of the 2009 Panel Study of Tax Credits and Child Benefit Customers, an HMRC survey carried out by the National Centre for Social Research.

http://www.hmrc.gov.uk/research/report148.pdf

No 147: Experience of using childcare and claiming the childcare element of Working Tax Credit. This report presents research findings on the childcare element of Working Tax Credit. The material is mostly drawn from the 2009 Panel Study of Tax Credits and Child Benefit Customers and covers the use of childcare by recipients of tax credits, the take-up of the childcare element, recipients' experience of managing their childcare element claim and the risk factors of getting an incorrect entitlement to the childcare element.

http://www.hmrc.gov.uk/research/report147.pdf

No 146: Customers' experience of the Tax Credits Helpline. This report presents findings on tax credits recipients' experiences and views of the Tax Credits Helpline. It is based on analysis of survey data collected as part of the Panel Study of Tax Credits and Child Benefit Customers, an HMRC survey carried out by the National Centre for Social Research.

http://www.hmrc.gov.uk/research/report146.pdf

No 145: Financial support from tax credits at the beginning of the economic downturn in 2008-9. This report is focused on changes in the financial situation of tax credit recipients during the period between the beginning of the economic downturn of 2008 and summer 2009. It explores how tax credits recipients managed financially during this period and whether the economic downturn led to any changes in their behaviour. Findings are presented from the Panel Study of Tax credits and Child Benefit Customers, an HMRC survey carried out by the National Centre for Social Research.

http://www.hmrc.gov.uk/research/report145.pdf

No 144: Take-up of tax credits. Not all households who are eligible to claim tax credits actually claim them. This report draws on evidence from questions exploring why some eligible households do not claim tax credits asked on two omnibus surveys, and on the 2009 Panel Study of Tax Credits and Child Benefit Customers, an HMRC survey carried out by the National Centre for Social Research.

http://www.hmrc.gov.uk/research/report144.pdf

Ø VII - 2. Contingency covered

Article 40. C102 and ECSS

The contingency covered shall be responsibility for the maintenance of children as prescribed.

§h Article 1. ECSS

the term “child” means a child under school leaving age or under 15 years of age, as may be prescribed.

Report 2016-ECSS, Report 2016-C102:

Child Benefit is paid to those responsible for children (aged under 16) or qualifying young people. The latter includes those:

a.   in full-time non-advanced education or (from April 2006) on certain approved vocational training courses and who are under 19, or are aged 19 and have been on the same course since their 19th birthdays.

b.    entered for future external examinations, or are in the period between leaving education and the week containing the first Monday in September and are not in work.

c.    aged under 18 who have moved directly from full-time education to being registered for work or training with the Careers service or with Connexions.

Ø VII - 3. Persons protected

Article 41. C102 and ECSS

The persons protected shall comprise, [as regards the periodical payments specified in Article 42 - ECSS]:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents.

[(c) all residents whose means during the contingency do not exceed prescribed limits – C102].

ILO Comments: please, indicate what options (a), (b) or (c) is selected and provide corresponding statistics.

Report 2016-ECSS, Report 2016-C102:

The number of families receiving Child Benefit in the UK for the years covered by this Report are contained in the following table:

The Number of Child Benefit recipients – August each year:

UK

2011/12

7,920

2012/13

7,550

2013/14

7,461

2014/15

7,416

Note: UK totals include foreign and not known.

The number of families receiving Child Tax Credit in the UK for the year 2014/15 was 7.4 million, comprising some 12.8 million children. [???→]

Report 2011-ECSS, Report 2011-C102:

Number of children in families receiving the Child Tax Credit at 1 December 2010 (last published[40]) was 10.144 million. [←???][please explain teh significant reducation in the number of children receiving CTC]

2018 additional information on Child Tax Credits and Child Benefit

Average number of families in receipt of CTC and children for whom CTC is being claimed for CTC 2009/10 - 2016/17

  Thousands and £Millions

2009-10

2010-11

2011-12

2012-13

2013-14

2014-15

2015-16

2016-17

Families

      5,767

      5,764

      5,130

      4,109

      4,015

      3,921

      3,804

3,646

Children

    10,225

    10,226

      9,128

      7,705

      7,587

      7,459

      7,299

         7,070

The relatively significant drop in numbers occurs around 2012/13. This is a result of the removal of the second income threshold in 2012/13.

Prior to this policy change, the basic element of CTC (£545) was protected so long as household income did not exceed the second income threshold, which for most claimants was £40,000. Once household income exceeded £40,000, then the CTC basic element was tapered away at a rate of 0.41p for every pound earned over this amount. Once this second income threshold was removed, the basic element was no longer protected and tapered away once all other elements were removed. This primarily affected households that were only claiming the basic element of CTC and had relatively higher household incomes.

Report 2016-ECSS, Report 2016-C102:

The Child Benefit (CHB)

·         Generally, entitlement to CHB does not arise for people whose presence in the UK is subject to immigration control, but protection is given to those recognised as refugees, those with settled status (whose leave to enter or remain in the UK is not subject to any limitation) or with discretionary or humanitarian leave to enter or remain in the UK, or who are within the scope of European Community’s Social Security co-ordination regulations Regulation (EEC) 1408/71 and 574/72, by virtue of Regulation (EC) 859/2003 or who are covered by a relevant bilateral social security agreement with another country. Entitlement can arise also for nationals of other states party to the European Convention on Social and Medical Assistance (ETS No 14) and the European Social Charter of 1961 (ETS No 36) who are lawfully present in the UK.

The Child Tax Credit (CTC)

·         Access to CTC can be gained for those who are lawfully working in the UK and a national of a State that has concluded an agreement under Article 310 of the Treaty of Amsterdam amending the Treaty of the EU. In the field of social security, for equal treatment of workers who are nationals of the signatory State and their families. Also, if they come within the scope of European Community’s Social Security co-ordination regulations Regulation (EEC) 1408/71 and 574/72,by virtue of Regulation (EC) 859/2003.

The Working Tax Credit (WTC)

·         Access to WTC is available to nationals of other states party to the European Convention on Social and Medical Assistance (ETS No 14) and the European Social Charter of 1961 (ETS No 36) who are lawfully present in the UK.

VII - 4. Types of Benefit

Article 42.  C102 and ECSS

Ø The benefit shall be:

(a) a periodical payment granted to any person protected having completed the prescribed qualifying period; or

(b) the provision to or in respect of children of food, clothing, housing, holidays or domestic help; or

(c) a combination of (a) and (b).

Report 2016-ECSS, Report 2016-C102:

The Child Tax Credit rates for the period of this Report.

Child Tax Credit

From

April 

2012

From April 2013

From April 2014

From    April

2015

From

April

2016

Family element

545

545

545

545

545

Family element, baby addition[41]

Child element

2,555

2,690

2,720

2,750

2,780

Disabled child element

2,800

2,950

3,015

3,100

3,140

Severely disabled child element

1,130

1,190

1,220

1,255

1,275

Income thresholds and withdrawal rates

First income threshold

6,420

6,420

6,420

6,420

6,420

First withdrawal rate (per cent)

37

37

39

39

39

Second income threshold[42]

40,000

Second withdrawal rate (per cent)

41

First threshold for those entitled to CTC only

15,860

15,860

15,910

16,010

16,105

Income disregard[43]

10,000

10,000

5,000

5,000

5,000

Child Benefit rates for the period of this Report

From

Child Benefit

April 2012

£20.30 eldest child

£13.40 each other child

April 2013

£20.30 eldest child

£13.40 each other child

April 2014

£20.50 eldest child

£13.55 each other child

April 2015

£20.70 eldest child

£13.70 each other child

April 2016

£20.70 eldest child

£13.70 each other child

Ø VII - 5. Qualifying period

§1(i) Article 1. C102/ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 43. ECSS

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be one month of contribution or employment, or six months of residence, as may be prescribed.

Article 43. C102

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be three months of contribution or employment, or one year of residence, as may be prescribed.

Report 2016-ECSS, Report 2016-C102:

In order to qualify for Child Benefit and CTC a claimant must have been living in the UK for a consecutive period of 3 months if they moved to the UK on or after 1 July 2014 and don’t have a job. There are some exceptions to this rule. Eligibility to Child Benefit and CTC can be found at the following links:

https://www.gov.uk/child-benefit-move-to-uk

https://www.gov.uk/tax-credits-if-moving-country-or-travelling/moving-to-the-uk

Official website of the UK government

Eligibility to Child Benefit

Only one person can get Child Benefit for a child.

You normally qualify for Child Benefit if you’re responsible for a child under 16 (or under 20 if they stay in approved education or training) and you live in the UK.

You’ll usually be responsible for a child if you live with them or you’re paying at least the same amount as Child Benefit (or the equivalent in kind) towards looking after them.

Contributions can include:

·         money

·         clothes

·         birthday and Christmas presents

·         food

·         pocket money

Eligibility to Child Tax Credit

You may be able to get Child Tax Credit if you have a child and:

·         you work in the UK

·         you have a right to reside in the UK

·         you pay National Insurance contributions here

·         your child lives in a country in the European Economic Area (EEA) or in Switzerland with your partner or someone else - and depends on you to support them

You usually can’t claim for a child who lives outside the EEA or Switzerland. There’s an exception if your partner is a Crown servant posted abroad.

You must have been living in the UK for 3 months before you’re eligible to claim Child Tax Credit if you moved to the UK on or after 1 July 2014 and don’t have a job. This doesn’t apply if you:

·         are a family member of someone who works or is self-employed

·         are Croatian and have a certificate to work, or are the family member of someone who has one

·         are a refugee

·         have been granted discretionary leave to enter or stay in the UK and you can get benefits

·         have been given leave to stay as a displaced person and you can get benefits

·         have been given to leave to stay and have applied for settlement as a victim of domestic violence

·         have been granted humanitarian protection

·         were made redundant in the UK (or your family member was) and you’re looking for a job or in training

·         were working in the UK before but temporarily can’t work because of your health or an accident

·         have been abroad for less than a year but usually live in the UK and were claiming Child Tax Credits before moving

·         have been abroad for less than a year but usually live in the UK and were in the UK for at least 3 months before moving

·         paid Class 1 or Class 2 National Insurance contributions while you were working abroad, and paid these in the 3 month period before returning to the UK.

VII - 6. Level and Calculation of Benefit [STAT↑]

Article 44. C102 and Protocol to the ECSS

Ø The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent:

 [(a) 3 per cent. of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of persons protected; - C102 ] or

(b) 1.5 per cent. of the said wage, multiplied by the total number of children of all residents.

Report 2016-ECSS, Report 2016-C102:

No change [???]

ILO Comments: the last information on the calculation of family benefit is contained in the Report on C102 and ECSS for 2011. The Government is asked to update information for 2016.

RF/C102/ECSS:

A. Please furnish, under this Article, information in the form set out in Title I under Article 66 below.

B. Please also furnish the following information:

1. total amount of cash benefits granted in respect of children of the persons protected, as shown under Article 41 above.

2018 additional information

HMRC produces figures for total expenditure on Tax Credit and Child Benefit in the “HMRC Tax Receipts and National Insurance Contributions for the UK”, which can be found at the following the link :

https://www.gov.uk/government/statistics/hmrc-tax-and-nics-receipts-for-the-uk

Expenditure data for tax credits and Child Benefit for the period 2013/14 to 2016-17 can be found on the right hand side of table 7. As you will identify, this figure covers both Working Tax credit (WTC) and CTC. The only statistic we have readily available for CTC is a figure on CTC “entitlement” which will not be the same as actual expenditure. I am trying to find out if I can get a CTC expenditure figure and timeline if that is possible but I doubt it will be in time for this report.

Report 2011-ECSS, Report 2011-C102:

Question A

TITLE I (Article 66)

Estimated total amount of Child Benefit paid between April 2006 and March 2011 is as follows:

[STAT↑]

Total ChB expenditure (GB£ million)

2006/07

10,156

2007/08

10,603

2008/09

11,262

2009/10

11,824

2010/11

12,100

Estimated total amount of CTC, paid between April 2006 and March 2011 is as follows:

Total CTC expenditure (GB£ billion)

2006/07

11.7

2007/08

13.7

2008/09

16.2

2009/10

19.0

2010/11

20.1

[This is based on information from the Trust Statement of the Inland Revenue Annual Report.  The Annual reports can be found on the HMRC website[44].].

(a)(i) Total number of children in families receiving Child Benefit for the period of the report is as follows:

Children (million) – August each year

UK

GB

NI

2006/07

13.233

12.706

0.435

2007/08

13.267

12.778

0.433

2008/09

13.341

12.858

0.434

2009/10

13.604

13.088

0.441

2010/11

13.685

13.170

0.443

Article 16. Right of the family to social, legal and economic protection. European Social Charter. Conclusions 2015

Economic protection of families. Family benefits

According to Eurostat data, the monthly median equivalised income in the UK in 2013 was €1,558. According to MISSOC, the monthly amount of child benefits was €111 for the eldest qualifying child of a couple and €73 for each other child. Child benefits therefore amounted to 7.12% of the above income for the first child and 4.7% for each additional child. The Committee considers that, in order to comply with Article 16, child benefits must constitute an adequate income supplement for a significant number of families. They Committee asks what is the percentage of families covered.

Ø VII – 7. Duration of Benefit

Article 45.  ECSS

Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.

Report 2016-ECSS, Report 2016-C102:

Child Benefit is paid to those responsible for children (aged under 16) or qualifying young people.

Ø VII - 8. Suspension of Benefit

 

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

Official website of the UK Government

Child Benefit for children in hospital or care

Your Child Benefit payments might be affected if your child goes into:

·         care for more than 8 weeks

·         hospital or ‘residential care’ for more than 12 weeks

Residential care is accommodation paid for by your local council, usually because your child has a mental or physical disability. It’s different from ‘care’.

After 8 or 12 weeks

Usually, you’re no longer entitled to Child Benefit after the time limit. There are exceptions to this rule, for example:

·         for children in care - if they spend at least 24 hours a week at home

·         for children in a UK hospital or residential care - if you regularly spend money on them

·         for children in hospital abroad - if you’re back in the UK and regularly spending money on them.

Your partner’s money will only count if you’re married or civil partnered and living together.

Child Benefit if your child lives with someone else

You’ll usually get Child Benefit for 8 weeks after your child goes to live with someone else (eg a friend or relative), if nobody else claims. It can continue for longer if you make contributions to your child’s upkeep.

The Child Benefit Office will tell you if they get another claim for your child. They’ll help you decide who should claim if you can’t decide for yourself.

Contributions to upkeep

You could continue to get payments for more than 8 weeks if you contribute to your child’s upkeep by the same amount or more than the Child Benefit payment.

Upkeep includes clothes, presents, food and pocket money and financial contributions to provide your child with somewhere to live.

High Income Child Benefit tax charge

You may have to pay a tax charge if you or your partner have an individual income over £50,000.

Ø VII – 9. Right of complaint and appeal  

See under Part XIII-2

Ø VII - 10. Financing and Administration

See under Part XIII-3


Part VIII. Maternity benefit = not accepted

23rd Biennial report on unratified parts of the European Code of Social Security made by the United Kingdom to the Council of Europe at Strasbourg for the period 1 July 2014 to 30 June 2016.

Laws and regulations do exist to provide benefit cover for pregnancy. Protection is provided under a compulsory scheme, in addition employers may operate a contractual maternity pay scheme.

Laws and Regulations introduced during the reporting period

The Shared Parental Leave Regulations 2015 SI No 3050

http://www.legislation.gov.uk/uksi/2014/3050/contents/made

The National Insurance Contributions Act 2015

http://www.legislation.gov.uk/ukpga/2015/5/contents

Scope

All pregnant working women earning on average at least £30 or more aweek are eligible for maternity benefits.

State MA (Maternity Allowance)

MA is financed from employer and employee contributions to the National Insurance Fund.

a) Rates during the reporting period are as follows (£):

                                                                           2013/14   2014/15   2015/16

MA (Standard Rate)                                  £136.78      £138.18     £139.58

Note: The rate of MA is based on a woman’s average weekly earnings. MA is paid at the lower of a standard rate or 90% of the woman’s average earnings.

SMP

SMP is earnings related for the first six weeks and set at 90% of average weekly earnings with no upper limit.

Week 7 onwards                                           2013/14    2014/15    2015/16

Standard weekly rate                                  £136.78       £138.18      £139.58

b) Other resources are not taken into account.

c) Levels of benefit are reviewed annually as part of the uprating process.

The Shared Parental Pay (General) Regulations (SI 2014/3050) and the Shared Parental Leave Regulations (SI 2014/3051) came into force on 1 December 2014 for babies whose expected week of birth begins on or after 5 April 2015 and those children placed for adoption on or after 5 April 2015. The regulations implement the scheme provided for by Part 7 of the Children and Families Act 2014.

Employees (mothers, fathers, partners and adopters) may be able to receive Shared Parental Leave and Statutory Shared Parental Pay if they have had a baby or adopted a child.

The Maternity Allowance (Curtailment) Regulations 2014 and the Statutory Maternity Pay and Statutory Adoption Pay (Curtailment) Regulations 2014 also came into force on 1 December 2014 as part of the Shared Parental Leave and Pay scheme. They enable a mother or primary adopter to end their entitlement to MA, SMP or Statutory Adoption Pay early in order to opt into the Shared Parental Leave and Pay.

The National Insurance Contributions Act 2015, made amendments to sections 35A and 35B of the Social Security Contributions and Benefits Act 1992, which relate to MA, to reflect changes to the way that Class 2 National Insurance Contributions (NICs) are assessed and collected as of 6 April 2015. Class 2 NICs are relevant in determining the rate of MA paid to self-employed women and in determining whether women who assist in the business of their self-employed spouse or civil partner are eligible for MA. The changes to the Social Security Contributions and Benefits Act 1992 were made in order to maintain access to MA for these groups following changes to the way liability for Class 2 NICs is assessed and the payments are collected.

The Social Security (Maternity Allowance) (Earnings) (Amendment) Regulations 2015 came into force on 6 April 2015. The changes affect women with an expected week of confinement beginning on or after 12 July 2015. The purpose of these regulations (alongside amendments to the provisions in the Social Security Contributions and Benefits Act 1992 mentioned above) is to

safeguard the position of self-employed women who, in consequence of the reforms to assessment and collection of Class 2 NICs might otherwise have been unable to access to MA.

The UK has made considerable improvements to the scope and level of maternity benefits over the past few years, extending coverage to as many working women as is considered possible. This is of particular importance for working women on low pay, with earnings below the Lower Earnings Limit and, therefore, unable to qualify for SMP. The UK’s maternity benefits provisions cover more or less all gainfully occupied working women, including part-time and low earning women, as all women earning £30 a week or more are covered.

In the past, before the improvements were introduced, protection tended to be weighted in favour of the higher earning woman. Consequently, as the benefit is now related directly to the woman’s past earnings, and not to the average wage of a standard beneficiary, it is difficult to conclude that all recipients of the benefit would receive an amount that would be compliant with the replacement level suggested by the Code.

Part IX. Invalidity benefit = not accepted

23rd Biennial report on unratified parts of the European Code of Social Security made by the United Kingdom to the Council of Europe at Strasbourg for the period 1 July 2014 to 30 June 2016.

Protection is provided under a compulsory insurance scheme.

Laws and Regulations introduced during the reporting period

Welfare Reform and Work Act 2016

http://www.legislation.gov.uk/ukpga/2016/7/contents/enacted

1. Scope

The position on scope of persons covered remains as previously described.

2. Conditions for entitlement to benefit

As the UK’s previous Report explained, the contingencies of Part III and IX of the Code are now covered by Employment and Support Allowance (ESA). ESA replaced Incapacity Benefit (IB) and Income Support (IS), paid on grounds of incapacity, for new claimants from 27 October 2008. All existing IB and IS claims are to be reassessed for ESA.

Following the introduction of Universal Credit (UC), ESA Regulations 2013 replaced the ESA Regulations 2008, effectively removing all references to income-related ESA, and re-introducing ESA as a contributory benefit only.

Once UC is fully introduced, income-related ESA will be absorbed into UC and ESA will exist separately as a contributory benefit only.

Employment and Support Allowance (ESA(C)) - update

Incapacity Benefit Reassessment

The Department for Work and Pensions (DWP) is continuing the reassessment of Incapacity Benefit claimants to identify eligibility for Employment and Support Allowance or fitness for work.

Reassessment of existing incapacity benefits claimants started nationally in April 2011 and it is now expected that more than 1.5 million people will go through the reassessment process. Therefore this exercise will take longer to complete than originally forecast.

Work Capability Assessment

The Government remains committed to continuously improving the Work Capability Assessment (WCA) to ensure that it is as fair and accurate as possible. As part of this process, the Government has a statutory commitment to independently review the WCA annually for the first five years of its operation.


Part X. Survivors’ benefit

The United Kingdom has accepted the obligations resulting from Part X of C102.

Category

Full compliance

Request of information

insufficient information

 no or very little information

X-1. Regulatory framework

Ø Art.59 C102

X-2. Contingency covered

Ø Art.60 C102

X-3. Persons Protected

Ø Art.61 C102

X-4. Level and Calculation of Benefit

  Bildergebnis für знак проезд запрещенArt.62 C102

X-5. Adjustment of Benefit

Ø    Art.65(10) C102

Art.66 (8) C102

X-6. Qualifying period

* Art.63 C102

X-7. Duration of Benefit

Ø Art.64 C102

X-8. Suspension of Benefit

*    Art.69 C102

X-9. Right of complaint and appeal

Ø Art.70 C102

X-10. Financing and Administration

Ø Art.71 C102

List of applicable legislation

·         Social Security Contributions and Benefits Act 1992

http://www.legislation.gov.uk/ukpga/1992/4/pdfs/ukpga_19920004_en.pdf

·         Pensions Act 2014

http://www.legislation.gov.uk/ukpga/2014/19/contents/enacted

See under Part I. General Provisins. Articles 1-6.

Ø X - 1. Regulatory framework

Article 59. C102

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of survivors' benefit in accordance with the following Articles of this Part.

Database of the MISSOC:

Basic principles

Compulsory social insurance scheme for the active population (employees and self-employed) financed by contributions providing lump sum Bereavement Payment, flat-rate Bereavement Allowance, and flat-rate Widowed Parent's Allowance.

As for 1 January 2016

Bereavement Payment:

Lump sum payment of GBP 2,000 (€2,710) on spouse's death.

Bereavement Allowance:

Weekly Pension paid to widows and widowers or surviving civil partners under State Pension age without dependent children maximum of 52 weeks from date of bereavement. A full pension is granted to those aged 55 or over. Amount: up to GBP 112.55 (€153) a week. For those aged 45 to 54 the pension is reduced by 7% of the full rate for each year under 55.

Widowed Parent's Allowance:

Weekly pension paid as long as widow or widower or surviving civil partner has dependent child under 16 (under 19 if in non-advanced full-time education). Amount: up to GBP 112.55 (€153) per week.

Widow's Pension:

Weekly pension paid to widows aged 45 or over if no dependent children and can be paid up to deemed State Pension age of 65. A full pension is granted to widows aged 55 or over. Amount: up to GBP 112.55 (€153) a week. If the widow is aged 45 - 54 the pension is reduced by 7% of the full rate for each year under 55.

Ø X - 2. Contingency covered

Article 60. C102

1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.

2. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount, and, if non contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Report 2016-C102:

The position remains as previously described.

The provisions relating to Bereavement Benefits are to be found in Part II of the Social Security Contributions and Benefits Act 1992[45]  as follows:

• Bereavement Payment: section 36. See also Schedule 3 para 4 for the contribution conditions;

NB: Section 36

(1)A person whose spouse [or civil partner] dies on or after the appointed day shall be entitled to a bereavement payment if:

(a)  either that person was under pensionable age at the time when the spouse [or civil partner] died or the spouse [or civil partner] was then not entitled to a category A retirement pension under section 44 below; and

(b) the spouse [or civil partner] satisfied the contribution condition for a bereavement payment specified in Schedule 3, Part I, paragraph 4.

(2) A bereavement payment shall not be payable to a person if:

(a) that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse’s or civil partner’s death, or

(b) that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse’s or civil partner’s death.

(3) In this section “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.

Schedule 3 para 4

 (1) The contribution condition for a bereavement payment is that:

(a) the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and

(b) the earnings factor derived as mentioned in sub-paragraph (2) below must be not less than that year’s lower earnings limit multiplied by 25.

(2) The earnings factor referred to in paragraph (b) of sub-paragraph (1) above is that which is derived:

(a) if the year in question is 1987-88 or any subsequent year, from so much of the contributor’s earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions, or

(b) if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.

(3) For the purposes of this condition a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.

Widowed mother’s allowance [widowed parent’s allowance, bereavement allowance,] and widow’s pension; retirement pensions (Categories A and B)

• Widowed Mother’s Allowance and Widow’s Pension: See sections 36A to 39, which apply only to cases where the death occurred before 9 April 2001;

NB:   Section 36A

 (1) Sections 37 to 39 and section 40 below apply only in cases where a woman’s husband has died before the appointed day, and section 41 below applies only in cases where a man’s wife has died before that day.

(2) Sections 39A to 39C below apply in cases where a person’s spouse [or civil partner] dies on or after the appointed day, but section 39A also applies (in accordance with subsection (1)(b) of that section) in cases where a man’s wife has died before that day.

(3) In this section, and in sections 39A and 39B below, “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.

Section 37

(1) A woman who has been widowed shall be entitled to a widowed mother’s allowance at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widowed mother’s allowance specified in Schedule 3, Part I, paragraph 5 and either:

(a) the woman is entitled to child benefit in respect of a child [or qualifying young person] falling within subsection (2) below; or

(b) the woman is pregnant by her late husband; or

(c) if the woman and her late husband were residing together immediately before the time of his death, the woman is pregnant as the result of being artificially inseminated before that time with the semen of some person other than her husband, or as the result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(2) A child [or qualifying young person] falls within this subsection if one of the conditions specified in section [77(5)] below is for the time being satisfied with respect to the child [or qualifying young person] and the child [or qualifying young person] is either:

(a) a son or daughter of the woman and her late husband; or

(b) a child [or qualifying young person] in respect of whom her late husband was immediately before his death entitled to child benefit; or

(c) if the woman and her late husband were residing together immediately before his death, a child [or qualifying young person] in respect of whom she was then entitled to child benefit.

(3) The widow shall not be entitled to the allowance for any period after she remarries [or forms a civil partnership], but, subject to that, she shall continue to be entitled to it for any period throughout which she satisfies the requirements of subsection (1)(a),(b) or (c) above.

(4) A widowed mother’s allowance shall not be payable:

(a) for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act;

(b)  for any period during which she and a man to whom she is not married are living together as husband and wife [or

(c) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

Section 38

(1) A woman who has been widowed shall be entitled to a widow’s pension at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widow’s pension specified in Schedule 3, Part I, paragraph 5 and either:

(a)  she was, at the husband’s death, over the age of 45 but under the age of 65; or

(b) she ceased to be entitled to a widowed mother’s allowance at a time when she was over the age of 45 but under the age of 65.

(2) The widow shall not be entitled to the pension for any period after she remarries [or forms a civil partnership], but, subject to that, she shall continue to be entitled to it until she attains [pensionable age].

(3) A widow’s pension shall not be payable:

(a) for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act;

(b) for any period for which she is entitled to a widowed mother’s allowance;

 (c) for any period during which she and a man to whom she is not married are living together as husband and wife, [or

(d) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

(4) In the case of a widow whose late husband died before 11th April 1988 and who either:

(a)     was over the age of 40 but under the age of 55 at the time of her husband’s death; or

(b)     is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance, subsection (1) above shall have effect as if for “45” there were substituted “40”.

Section 39

(1) The weekly rate of

 (a)  a widowed mother’s allowance, widow’s pension.

(b)  a widow’s pension,

shall be determined in accordance with the provisions of [6,7sections 44 to [45B]] below as they apply in the case of a Category a retirement pension, but subject, in particular, to the following provisions of this section and section [146] below.

(2) In the application of [2,3sections 44 to [45B]] below by virtue of subsection (1) above:

(a) where the woman’s husband was over pensionable age when he died, references in those sections to the pensioner shall be taken as references to the husband, and

(b) where the husband was under pensionable age when he died, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the husband and the tax year in which he dried.

(3) […]

(4) Where a widow’s pension is payable to a woman who was under the age of 55 at the time when the applicable qualifying condition was fulfilled, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which her age at that time was less than 55 (any fraction of a year begin counted as a year).

(5) For the purposes of subsection (4) above, the time when the applicable qualifying condition was fulfilled is the time when the woman’s late husband died or, as the case may be, the time when she ceased to be entitled to a widowed mother’s allowance.

(6) In the case of a widow whose later husband died before 11th April 1988 and who either:

(a)  was over the age of 40 but under the age of 55 at the time of her husband’s death; or

(b) is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance, subsection (4) above shall have effect as if for “55” there were substituted “50”, in both places where it occurs.

• Widowed Parent’s Allowance and Bereavement Allowance: sections 39A to 39C, for deaths occurring on or after 9 April 2001. The contribution conditions are detailed in para 5 of Schedule 3.

Section 39A

 (1) This section applies where:

(a) a person whose spouse [or civil partner] dies on or after the appointed day is under pensionable age at the time of the spouse’s [or civil partner’s] death, or

(b) a man whose wife died before the appointed day:

(i) has not remarried before that day, and

(ii) is under pensionable age on that day.

(2) The surviving spouse [or civil partner] shall be entitled to a widowed parent’s allowance at the rate determined in accordance with section 39C below if the deceased spouse [or civil partner] satisfied the contribution conditions for a widowed parent’s allowance specified in Schedule 3, Part I, paragraph 5 and

(a) the surviving spouse [or civil partner] is entitled to child benefit in respect of a child [or qualifying young person] falling within subsection (3) below;

 (b) the surviving spouse is a woman who either:

(i) is pregnant by her late husband, or

(ii) if she and he were residing together immediately before the time of his death, is pregnant in circumstances falling within section 37(1)(c) above or

(c) the surviving civil partner is a woman who:

(i) was residing together with the deceased civil partner immediately before the time of the death, and

(ii) is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(3) A child [or qualifying young person] falls within this subsection if one of the conditions specified in sections [77(5)] below is for the time being satisfied with respect to the child [or qualifying young person] and the child [or qualifying young person] is either:

(a) a son or daughter of the surviving spouse [or civil partner] and the deceased spouse [or civil partner]; or

(b) a child [or qualifying young person] in respect of whom the deceased spouse [or civil partner] was immediately before his or her death entitled to child benefit; or

(c) if the surviving spouse [or civil partner] and the deceased spouse [or civil partner] were residing together immediately before his or her death, a child [or qualifying young person] in respect of whom the surviving spouse [or civil partner] was then entitled to child benefit.

(4) The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it for any period throughout which she or he:

(a) satisfied the requirements for subsection (2)(a) or (b) above; and

(b) is under pensionable age.

(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he:

(a) satisfies the requirements of subsection (2)(a) or (b) above; and

(b) is under pensionable age.

(5) A widowed parent’s allowance shall not be payable:

(a) for any period falling before the day on which the surviving spouse’s [or civil partner’s] entitlement is to be regarded as commencing by virtue of section 5(1)(k) of the Administration Act;

(b) for any period during which the surviving spouse [or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife [or

(c)  for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

Section 39B

(1) This section applies where a person whose spouse [or civil partner] dies on or after the appointed day is over the age of 45 but under pensionable age at the spouse’s [or civil partner’s] death.

(2) The surviving spouse [or civil partner] shall be entitled to a bereavement allowance at the rate determined in accordance with section 39C below if the deceased spouse [or civil partner] satisfied the contribution conditions for a bereavement allowance specified in Schedule 3, Part I, paragraph 5.

(3) A bereavement allowance shall be payable for not more than 52 weeks beginning with the date of the spouse’s [or civil partner’s] death or (if later) the day on which the surviving spouse’s [or civil partner’s] entitlement is to be regarded as commencing by virtue of section 5 (1)(k) of the Administration Act.

(4) The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it until:

(a) she or he attains pensionable age, or

(b) the period of 52 weeks mentioned in subsection (3) above expires, whichever happens first.

 (4A)The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it until:

(a) she or he attains pensionable age, or

(b) the period of 52 weeks mentioned in subsection (3) above expires, whichever happens first.

(5) The allowance shall not be payable:

(a) for any period which the surviving spouse [or civil partner] is entitled to a widowed parent’s allowance;

(b) for any period during which the surviving spouse [or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife or

(c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

See also S.I. 2001/1085 at page 3.8391 for modifications relating to inherited SERPS from 6.10.02.

Section 39C

(1) The weekly rate of a widowed parent’s allowance shall be determined in accordance with the provisions of section 44 to [45AA] [and Schedule 4A] below as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section [46] below.

(2) The weekly rate of a bereavement allowance shall be determined in accordance with the provisions of section 44 below as they apply in the case of a Category A retirement pension so far as consisting only of the basic pension referred to in subsection

(3)(a) of that section, but subject, in particular, to the following provisions of this section.

(3) In the application of sections 44 to [45AA] [and Schedule 4A] or (as the case may be) section 44 below by virtue of subsection (1) or (2) above:

(a) where the deceased spouse [or civil partner] was over pensionable age at his or her death, references in those [provisions] to the pensioner shall be taken as references to the deceased spouse [or civil partner], and

(b) where the deceased spouse [or civil partner] was under pensionable age at his or her death, references in those [provisions] to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the deceased spouse [or civil partner]and the tax year in which he or she died.

(4) Where a widowed parent’s allowance is payable to a person whose spouse [or civil partner] dies after [5th October 2002], the additional pension falling to be calculated under sections 44 to [45AA] [and Schedule 4A] below by virtue of subsection (1) above shall be one half of the amount which it would be apart from this

subsection.

(5) Where a bereavement allowance is payable to a person who was under the age of 55 at the time of the spouse’s [or civil partner’s] death, the weekly rate of the allowance shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which that person’s age at that time was less than 55 (any fraction of a year being counted as a year).

X - 3. Persons protected

§1(c) Article 1 C102

The term wife means a wife who is maintained by her husband.

Article 61. C102

The persons protected shall comprise:

(a) the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees; or

Ø (b) the wives and the children of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents; or

(c) all resident widows and resident children who have lost their breadwinner and whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Report 2016-C102:

Question C (ii)

TITLE II (Article 76)

     A.    Number of economically active persons protected -

     i.      Under general scheme         30,527, 000 (including Northern Ireland) (A)

     ii.     Under special schemes         nil

             TOTAL                                   30,527,000

     B.    Total number of residents   65,110,000 (B)

    

     C.    Percentage A/B 46.89%

Sources:          (A) Contributions and Qualifying Years – persons paying Class 1 and or Class 2 National     Insurance Contributions 2014/15; and

      (B) ONS Population estimates for mid year 2015 - United Kingdom.

Ø X - 4. Level and Calculation of Benefit

Article 62. C102

The benefit shall be a periodical payment calculated as follows:

(a) where the wives and children of breadwinners in classes of employees or classes of the economically active population are protected, in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

 (b) where all resident widows and resident children whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

Report 2016-C102:

Title I of RF/C102/ECSS (Article 66).

Please state the amount of the wage of the ordinary adult labourer wage (standard wage).

£371.70

Title IV of RF/C102/ECSS (Article 66), according to which the standard beneficiary is a widow with two children. (2015/16 rates)

·         Amount of Survivors’ Benefit granted during the time basis

£112.55

·         Amount of family allowance, payable during employment, for a period equal to the time basis.

Ø £151.90

·         Amount of family allowance, payable during the contingency, for a period equal to the time basis.

Ø £151.90

Family allowances, payable during employment and the contingency,Ø  (where applicable) comprise £20.70Child Benefit for the eldest qualifying child, £13.70 for the second qualifying and Child Tax Credit of £117.50 [???] in respect of both children. From April 2003 Child Tax Credits replaced Child Dependency Increases payable with State Pension.

·         Sum of Survivors’ Benefit and family allowance payable during contingency per cent of sum of standard wage and family allowance payable during employment.

50.51%

The weekly rate of widow's benefit at C is £112.55 basic Widowed Parent’s Allowance.

TITLE V of RF/C102/ECSS (Article 66), according to which the beneficiary is a woman employee.

·         Amount of benefit granted during the time basis.

£112.55

·         Amount of Survivors’ Benefit per cent of the standard wage, payable during the contingency, for a period equal to the time basis.


  31%

CEACR 2016: the Committee notes that, according to the data given in the report on Convention No. 102, the weekly rate of widow’s benefit together with Child Benefit but excluding Child Tax Credit will provide a replacement rate of 36.18 percent, which is below the minimum level of 40 percent guaranteed by the Convention. Referring to its comments under Article 16 above, the Committee concludes that the United Kingdom does not fulfil its obligations under Part X of the Convention as regards the guaranteed level of the survivors’ benefit.

Report 2016-C102:

Table 2

Widow’s Benefits Average Weekly amount of benefit by age of claimant

Age of claimant

Total

Unknown age

18-24

25-29

30-34

35-39

40-44

45-49

50-54

55-59

60-64

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Type of WA

83.15

.

.

.

.

109.03

130.56

83.07

77.85

86.75

81.28

Total

WP not age related

136.12

.

.

.

.

.

.

.

.

147.82

131.06

WP age related

74.94

.

.

.

.

.

.

52.54

69.53

80.47

73.65

WMA with dependants

145.85

.

.

.

.

112.09

132.58

140.99

154.81

156.01

141.05

WMA without dependants

60.69

.

.

.

.

.

92.90

66.45

55.77

51.33

.

Unknown

.

.

.

.

.

.

.

.

.

.

.

Table 3

Bereavement Benefits Average Weekly amount of benefit by age of claimant

Age of claimant

Total

Unknown age

18-24

25-29

30-34

35-39

40-44

45-49

50-54

55-59

60-64

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Type of BA

104.32

.

102.05

102.01

101.50

103.15

107.92

103.03

103.08

106.92

102.42

Total

BA not age related

102.04

.

.

.

.

.

.

.

.

103.01

101.13

BA age related

72.74

.

.

.

.

.

.

45.53

79.50

95.37

.

WPA with dependants

110.63

.

100.70

102.06

101.54

103.23

107.98

111.63

114.45

116.13

113.28

WPA without dependants

76.05

.

.

.

91.46

76.16

66.34

83.93

69.84

67.88

.

Unknown

.

.

.

.

.

.

.

.

.

.

.

DEFINITIONS AND CONVENTIONS: "-" Nil or Negligible; "." Not applicable; Caseload figures are rounded to the nearest ten; Some additional disclosure control has also been applied. Average amounts are shown as pounds per week and rounded to the nearest penny. Totals may not sum due to rounding.
SOURCE: DWP , Data and Analytics, Technology - Work and Pensions Longitudinal Study.
STATE PENSION AGE: The age at which men and women reach State Pension age is gradually increasing. Under current legislation, State Pension age for women will equalise with State Pension age for men at 65 in 2018. Both men's and women's State Pension age will increase from 65 to 66 between December 2018 and October 2020. The Pensions Bill 2013-14 contains provision for a State Pension age of 67 to be reached by 2028. For more information see

 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207966/espa.pdf.
Notes:
Average weekly amount of benefit The amount of Bereavement Allowance (BA) is affected by the introduction in April 2003 of Child Tax Credit. From that date there were no new child dependency increases (CDIs) awarded to BA claimants, although existing CDIs were transitionally protected.
Type of BAThe category 'WPA with dependants' will include clients getting paid at the personal rate only due to the introduction of Child Tax Credits in April 2003. To obtain figures for those who still receive Child Dependency Increases, under the transitional protection arrangements, use the 'type of dependant' option.

Ø X – 5. Adjustment of benefits

§10 Article 65, §8 Article 66. C102

The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Report 2016-C102:

TITLE VI (Article 65)

Period under review            

(closest published figures) 

Cost of living index (RPI) (*)

Index of earnings (**)

A. March 2011                      

100              

100

B. March 2015

112.6           

107.5

C. A/B per cent

88.8%         

93.0%

(*)  Retail Price Index (RPI) All items

(**)  Annual Survey of Hours and Earnings

Over the period of the report, weekly rates of bereavement benefits changed as follows:

Table 1

April 2011

April 2015*

Increase %

Widowed Mothers/Parent’s  Allowance

100.7

112.55

11.8

Widow's Pension

100.7

112.55

11.8

 Average amounts of benefits in payment at the beginning of the reporting period and latest available figures are set out in Tables 2 and 3 below.

Ø X - 6. Qualifying period

§1(f) Article 1 C102

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 63. C102

1. The benefit specified in Article 62 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; [???] or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. In order that a childless widow presumed to be incapable of self-support may be entitled to a survivor's benefit, a minimum duration of the marriage may be required.

Bereavement Payment [lump sum payments are not taken into account for the purpose of Part X]

NB:  Schedule 3 para 4. Social Security Contributions and Benefits Act 1992

 (1) The contribution condition for a bereavement payment is that:

(a) the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and

(b) the earnings factor derived as mentioned in sub-paragraph (2) below must be not less than that year’s lower earnings limit multiplied by 25.

(2) The earnings factor referred to in paragraph (b) of sub-paragraph (1) above is that which is derived:

(a) if the year in question is 1987-88 or any subsequent year, from so much of the contributor’s earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions, or

(b) if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.

(3) For the purposes of this condition a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.

Widowed mother’s allowance [widowed parent’s allowance, bereavement allowance,] and widow’s pension; retirement pensions (Categories A and B)

Ø X - 7. Duration of Benefit

Article 64. C102

The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.

Database of the MISSOC: (as for 1 January 2016)

Bereavement Payment:

Lump sum payment of GBP 2,000 (€2,710) on spouse's death.

Bereavement Allowance:

Weekly Pension paid to widows and widowers or surviving civil partners under State Pension age without dependent children maximum of 52 weeks from date of bereavement. A full pension is granted to those aged 55 or over. Amount: up to GBP 112.55 (€153) a week. For those aged 45 to 54 the pension is reduced by 7% of the full rate for each year under 55.

Widowed Parent's Allowance:

ØWeekly pension paid as long as widow or widower or surviving civil partner has dependent child under 16 (under 19 if in non-advanced full-time education). Amount: up to GBP 112.55 (€153) per week.

Widow's Pension:

ØWeekly pension paid to widows aged 45 or over if no dependent children and can be paid up to deemed State Pension age of 65. A full pension is granted to widows aged 55 or over. Amount: up to GBP 112.55 (€153) a week. If the widow is aged 45 - 54 the pension is reduced by 7% of the full rate for each year under 55.


Ø X - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

 (j) in the case of survivors' benefit, as long as the widow is living with a man as his wife.

Ø X – 9. Right of complaint and appeal

See under Part XIII-2

ØX - 10. Financing and Administration

See under Part XIII-3


Part XI. Standards to be complied with by periodical payments

NB: see ILO Technical Note. CHAPTER II: Selection of the Article 65, 66 or 67 under C102/ECSS and determination of the Standard Reference Wage used for calculating the replacement level of benefits.

Article 66. C102 and ECSS

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the wage of an ordinary adult male labourer and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The wage of the ordinary adult male labourer, the benefit and any family allowances shall be calculated on the same time basis.

3. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

4. For the purpose of this Article, the ordinary adult male labourer shall be:

(a) a person deemed typical of unskilled labour in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of unskilled labour selected in accordance with the provisions of the following paragraph.

5. The person deemed typical of unskilled labour for the purpose of subparagraph (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this Convention, or such classification as at any time amended, shall be used.

6. Where the rate of benefit varies by region, the ordinary adult male labourer may be determined for each region in accordance with paragraphs 4 and 5 of this Article.

7. The wage of the ordinary adult male labourer shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 6 of this Article is not applied, the median rate shall be taken.

8. The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Article 67. C102 and ECSS

In the case of a periodical payment to which this Article applies:

(a) the rate of the benefit shall be determined according to a prescribed scale or a scale fixed by the competent public authority in conformity with prescribed rules;

(b) such rate may be reduced only to the extent by which the other means of the family of the beneficiary exceed prescribed substantial amounts or substantial amounts fixed by the competent public authority in conformity with prescribed rules;

(c) the total of the benefit and any other means, after deduction of the substantial amounts referred to in subparagraph (b), shall be sufficient to maintain the family of the beneficiary in health and decency, and shall be not less than the corresponding benefit calculated in accordance with the requirements of Article 66;

(d) the provisions of subparagraph (c) shall be deemed to be satisfied if the total amount of benefits paid under the Part concerned exceeds by at least 30 per cent. the total amount of benefits which would be obtained by applying the provisions of Article 66 and the provisions of:

(i) Article 15 (b) for Part III;

(ii) Article 27 (b) for Part V;

(iii) Article 55 (b) for Part IX;

(iv) Article 61 (b) for Part X.

Part

Contingency

Standard Beneficiary

Percentage

III

Sickness

Man with wife and two children

45

IV

Unemployment

Man with wife and two children

45

V

Old age

Man with wife of pensionable age

40

VI

Employment injury:

Incapacity of work

Man with wife and two children

50

Invalidity

Man with wife and two children

50

Survivors

Widow with two children

40

VIII

Maternity

Woman

45

IX

Invalidity

Man with wife and two children

40

X

Survivors

Widow with two children

40

Standard Reference Wage

Report 2016-C102:

For the purposes of Article 66 Code the reference wage is £371.70 per week, being the median gross weekly earning (excluding overtime) for full-time male employees who are classified as unskilled labourers in the manufacture of machinery other than electrical machinery (SOC 91 and SIC 28), Annual Survey of Hours and Earnings (ASHE) 2014-2015[46].

Article 66 (4) refers to ISIC Rev 4, Division 28 (Manufacture of Machinery and Equipment N.E.C). ISIC Rev 4 and UK SIC (2007) are identical at the two divisional level. In addition, Division 28 excludes manufacture of electrical machinery, and therefore meets the requirement specified. The requirement also states “a person deemed typical of unskilled labour”. The best match for this criterion is SOC 2010 Sub-Major Group 91 (Elementary Trade and Related Occupations). So, from a Classifications point of view, using SOC 2010 Sub-Major Group 91 in conjunction with UK SIC (2007) Division 28, in the Government’s view, provide the closest possible match to the requirement specified.

Conclusions of the CEACR concerning the application of the ECSS (UK’s 46th Report, 2014): Standards to be complied with by periodical payments, Article 66

Part XI (Standards to be complied with by periodical payments), Article 66 of the Code. Determination of the reference wage used for calculating the replacement level of benefits.  The Committee requests the Government to specify which option (a) or (b) in Article 66 is selected, and review the methodology used for determining the reference wage in the light of the information contained in the technical note prepared by the Office and attached to the present conclusions, which sets out and calculates for the United Kingdom all the options allowed by the Code for determining the reference wage on the same time basis for which comparable data are available (2010). Please update the statistics used in the note indicating the precise source of the data to be used for future reference.

Report 2015–ECSS:

Response to the Committee of Experts’ Conclusions:

In regard to the ILO technical note provided on the UK, Option 4 [Article 66(4)a] refers to ISIC Rev 4, Division 28 (Manufacture of Machinery and Equipment N.E.C).  ISIC Rev 4 and UK SIC (2007) are identical at the two divisional level.  In addition, Division 28 excludes manufacture of electrical machinery, and therefore meets the requirement specified. The requirement also states "a person deemed typical of unskilled labour".  The best match for this criterion is SOC 2010 Sub-Major Group 91 (Elementary Trades and Related Occupations). So, from a Classifications point of view, using SOC 2010 Sub-Major Group 91 in conjunction with UK SIC (2007) Division 28 would, in the Government’s view, provide the closest match to the requirement specified.

Statistics based on this Classification have now been produced and published[47], but unfortunately are available only from 2011 onwards. Details of the relevant wage are as follows:

Median gross weekly earnings (excluding overtime) for full-time male employeesa who are classified as unskilled labourersb in the manufacture of machinery other than electrical machineryc, UK, April 2011 to 2014                                                          

£ (current prices)                                                                                                  

Year (April)  Median                                                                                                         

2011               348.7                                                                                                 

2012               357.2                                                                                                 

2013               375.2                                                                                                 

2014 p             373.4                                                                                                 

Source: Annual Survey of Hours and Earnings (ASHE), Office for National Statistics                                                                                                             

Notes:                                                                                                           

(a) Estimates are based on employee jobs, which are defined as those held by employees and not the self-employed.  Figures relate to employees on adult rates whose pay for the survey pay period was not affected by absence.  ASHE is based on a 1% sample of jobs taken from HM Revenue and Customs' Pay As You Earn (PAYE) records.  Consequently, individuals with more than one job may appear in the sample more than once.

(b) Standard Occupational Classification (SOC) 2010 Sub-Major Group 91 - Elementary Trades and Related Occupations.                                                           

(c) Standard Industrial Classification (SIC) 2007 Division 28 - Manufacture of Machinery and Equipment N.E.C.                                                                                                  

p. 2014 data are provisional.                                                                                                                                                                                                                                  

Guide to quality:                                                                                                                

All estimates in the table have a coefficient of variation (CV) of greater than 5% and less than or equal to 10%.                                                                                                                      

The CV indicates the quality of an estimate; the smaller the CV, the higher the quality. The true value is likely to lie within +/- twice the CV. For example, for an estimate of £200 with a CV of 5%, we would expect the true population value to be within the range £180 to £220. This is given by 200 +/- ({2*0.05}*200).        

The Technical Note refers to the clarification in the UK’s 44th Report, in which the Government pointed out that two key methodological changes had taken place in 2007, affecting the collection and processing of ASHE data that also impacted on the earlier releases, but the link to the publication was broken. For future reference, if needed, a fully operative link is given in the footnote below[48].

The Government proposes to complete the forthcoming 2016 detailed periodic reports on both the Code and ILO Convention No. 102, on the basis of a reference wage to be established in line with the above described Classification (i.e. in line with Option 4).  However, in keeping with the consensus view of the states’ party to the Code during the discussions on this issue at the Council of Europe’s Governmental Committee in May 2015, and given that such UK statistics are available only from 2011 onwards, the Government does not propose to attempt to revisit the detailed calculations in the UK’s previous detailed (43rd) Report. 

Report 2015–ECSS:

Benefit Uprating 2015 [PNL↑][STAT↑]

From 2013-14 to 2015-16 inclusive, two main factors have been used to increase benefits:

From 2012-13 onwards the Basic State Pension has been uprated in line with the ‘triple guarantee’ (or ‘triple lock’) which ensures that it increases by the highest of: the increase in earnings; price inflation (as measured by the CPI); or 2.5%. For the purposes of the 2015-16 uprating, 2.5% was the highest of these three benchmarks.

The Pension Credit standard minimum guarantee (a means-tested social assistance benefit) is required to be increased at least in line with earnings; the relevant earnings benchmark[49] rose by 0.6%. However, for the fifth year in a row the Government decided on an above-earnings increase so that recipients of Pension Credit Guarantee Credit receive the same cash increase as those on the Basic State Pension.

The uprating of social security benefit rates in each financial year is normally based on inflation in the preceding September. Since 2011 the inflation measure used by default is the Consumer Prices Index (CPI). However, 2015-16 is the third consecutive financial year in which working-age benefits generally are being limited to a 1% increase (exceptions are disability/carer benefits and premiums and the Employment and Support Allowance support component).

The application of the 1% limit in 2014-15 and 2015-16 was legislated in advance by the Welfare Benefits Up-Rating Act 2013, passed in March 2013. Under the Act the orders implementing these 1% increases are not subject to any parliamentary procedure.

The 1% increase under the 2013 Act covers the following benefits and tax credits:

Great Britain

The Social Security Benefits Up-Rating Order 2015[50] increased the weekly benefit rates (£GB) applicable in respect of the accepted Parts of the Code from April 2015 (see table below).

Northern Ireland

The same rates apply in Northern Ireland and are set out in the Social Security

Benefits Up-rating Order (Northern Ireland) 2015 S.R. 2015 No. 124[51].

Conclusions of the CEACR concerning the application of the ECSS (UK’s 43rd Report, 2011): Standards to be complied with by periodical payments, Article 66

Part XI.  The Committee notes that the passage from the average wage to the median earnings prevents any comparison of the data and does not reflect the dynamics of the reference wage over the reporting period (2006–11). The Committee asks the Government to supply in its next report the updated statistics on the reference wage comparable with that of 2006, that is the Winter 2009–10 average gross rate of wages in the SOC for Elementary Occupations. The Committee also asks the Government to explain to what extent the methods of determining the reference wage, which it has used for reporting purposes in 2006 and 2011, are compatible with the methodology prescribed in paragraphs 4 to 7 of Article 66 of the Code.

Report 2012–ECSS:

Response to the Committee of Experts’ Conclusions:

The Government apologises to the Committee for any confusion caused, but is of the view that the issue is simply one of language and miss-labelling.

Unfortunately the link to the source data quoted in the UK’s previous detailed Report no longer works. However, the 2005 and 2007 data for Annual Survey of Hours and Earnings (ASHE) suggest that what was provided in 2006 was the median full-time gross weekly rate for Elementary Occupations (2005 rate rounds to £290). This was reported as the ‘average’, but the average used looks to have been the median.

The same figure for 2010 (not excluding overtime) would be £330 (rounded).

The ‘Winter’ labelling of the earlier data is simply because the ASHE data is usually released in the winter, but it is an annual publication so the Winter label isn’t really required.

The Government would also point out that two key methodological changes took place in 2007, affecting the collection and processing of ASHE data that also impacted on the earlier releases.

The changes are described in more detail in:

www.ons.gov.uk/ons/guide...of.../changes-to-ashe-in-2007.pdf

Adjustment of benefits in payment

Conclusions of the CEACR concerning the application of the ECSS (UK’s 47th report, 2015)

Part XI (Standards to be complied with by periodical payments),

Article 66(8). Adjustment of benefits in payment. The report indicates that the uprating of social security benefit rates in each financial year is normally based on inflation in the preceding September. Since 2011, the inflation measure used by default is the Consumer Price Index (CPI). From 2013–14 to 2015–16 inclusive, two main factors have been used to increase benefits: (i) benefits for disabled people and pensioners (not including the basic state pension) are increased in line with the CPI inflation (resulting in a 1.2 per cent increase from April 2015); and (ii) most benefits and tax credits for working-age people are increased by 1 per cent. The financial year 2015–16 is the third consecutive financial year in which working-age benefits generally are being limited to a 1 per cent increase (exceptions are disability/carer benefits and premiums and the ESA support component). The application of the 1 per cent limit in 2014–15 and 2015–16 was legislated in advance by the Welfare Benefits Up-Rating Act 2013,passed in March 2013. Under the Act, the orders implementing these 1 per cent increases are not subject to any parliamentary procedure. From 2012–13 onwards the basic state pension has been uprated in line with the “triple guarantee” (or “triple lock”) which ensures that it increases by the highest of: the increase in earnings; price inflation (as measured by the CPI); or 2.5 per cent. For the purposes of the 2015–16 uprating, 2.5 per cent was the highest of these three benchmarks. The pension credit standard minimum guarantee (a means-tested social assistance benefit) is required to be increased at least in line with earnings; the relevant earnings benchmark (the change in average weekly earnings to July each year as measured by the average weekly earnings series) rose by 0.6 per cent in 2014. However, for the fifth year in a row the Government decided on an above-earnings increase so that recipients of the pension credit guarantee receive the same cash increase as those on the basic state pension. The Committee notes from this information that different adjustment rules apply to different benefits and are subject to frequent changes, which complicates the understanding of the overall revaluation of benefits over the five-year period since the last detailed report of the Government. It would ask the Government to explain its policy of maintaining the purchasing power of the benefits in payment as well as giving the pensioners a fair share of the resumed growth of the national economy after the crisis. The Committee expects the Government’s next detailed report to contain full information and statistics on the adjustment of benefits under each accepted Part for the period 2011–16 requested in the report form on the Code under Title VI of Article 65.

Report 2016-ECSS:

The law relating to annual increases to benefit rates, known as up-rating, requires the Secretary of State for Work and Pensions to review benefit rates each year to determine if they have kept their value in relation to the rise in either prices or earnings, depending on the benefit, over the relevant period. If the Secretary of State determines that the value of benefits have not kept pace with these rises, then he must lay an up-rating order that increases certain benefit rates as required. This has meant that benefits including additional-cost disability benefits and carers’ benefits have kept their purchasing power against increases in prices. When the Secretary of State makes an up-rating order for Great Britain, the Department for Communities is empowered to make a corresponding order for Northern Ireland.

For pensioners, the government has put into place a ‘triple guarantee’ (or ‘triple lock’) up-rating policy, which ensures that each year the basic State Pension is increased by the highest of the rise in earnings, price inflation (as measured by the Consumer Prices Index) or 2.5 per cent. This policy has helped to reverse the previous trend whereby the basic State Pension had been falling as a proportion of average earnings, from a low of 15.8 per cent in 2008-9, to a level of 18.2 per cent in 2014-15, the highest level since 1992-93. Further details of the historic levels of benefit rates can be found on the government’s website[52].

The government also continues to protect the poorest pensioners through Pension Credit, a means-tested benefit that has a standard minimum amount, known as the Pension Credit Standard Minimum Guarantee, below which pensioner income need not fall. The legal requirement is that the Standard Minimum Guarantee in Pension Credit is increased each year at least in line with the rise in earnings. In order to ensure that the poorest pensioners benefit from the triple lock, the government applied a ‘pass-through’, an above earnings increase equivalent to the cash increase of the basic State Pension, to the means-tested standard minimum guarantee between 2011-12 and 2015-16. This prevented increases in the basic State Pension being subsequently clawed back in Pension Credit awards.

The tables under Title VI Article 65 are not always applicable to the UK situation, we therefore here provide the main rates of each benefit that falls under the scope of the Code.

Rates of certain social security benefits 2011-2016

All rates are weekly £ unless stated otherwise. The rates of child benefit and child tax credit are the responsibility of HMRC/HMT. These rates do not take into account premiums, such as disability or carer premiums for ESA and JSA, or other elements of benefit, such as additional State Pension in the case of State Pension.

Statutory Sick Pay

Period

Main rate

2011-12

81.60

Payable for first 28 weeks of sickness to employees with earnings over £102pw

2012-13

85.85

Payable for first 28 weeks of sickness to employees with earnings over £107pw

2013-14

86.70

Payable for first 28 weeks of sickness to employees with earnings over £109pw

2014-15

87.55

Payable for first 28 weeks of sickness to employees with earnings over £111pw

2015-16

88.45

Payable for first 28 weeks of sickness to employees with earnings over £112pw

Employment and Support Allowance (contribution-based)

Period

Main rate (single person)

2011-12

67.50

2012-13

71.00

2013-14

71.70

2014-15

72.40

2015-16

73.10

Jobseeker’s Allowance (contribution-based)

Period

Main rate (man or woman on own National Insurance Contribution)

Man plus dependent wife

2011-12

67.50

105.95

2012-13

71.00

111.45

2013-14

71.70

112.55

2014-15

72.40

113. 70

2015-16

73.10

114.85

Basic State Pension

Period

Main rate (man or woman under 80 with own National Insurance Contribution)

Man plus his wife on his National Insurance Contribution – both under 80

2011-12

102.15

163.35

2012-13

107.45

171.85

2013-14

110.15

176.15

2014-15

113.10

180.90

2015-16

115.95

185.45

Child Benefit

Period

Main rate (1st child)

Rate for additional child

2011-12

20.30

13.40

2012-13

20.30

13.40

2013-14

20.30

13.40

2014-15

20.50

13.55

2015-16

20.70

13.70

Child Tax Credit

Period

Family element (annual)

Child element (annual)

2011-12

545

2555

2012-13

545

2690

2013-14

545

2720

2014-15

545

2750

2015-16

545

2780

Adequacy of Benefits

Article 12. Right to social security. European Social Charter. Conclusions 2013

Paragraph 1 - Existence of a social security system

Adequacy of the benefits

The Committee notes from Eurostat that 50% of the median equivalised income stood at € 714 in 2011. In its previous conclusion the Committee held that the minimum levels of Statutory Sick Pay, Short Term Incapacity Benefits and contributory Jobseeker’s Allowance for single person were manifestly inadequate. The Committee notes from the report and from MISSOC that short-term incapacity benefit stood at £ 71 (€85) and long-term incapacity benefit at £ 94 (€112) per week. ESA and Job-Seekers allowance stood at £67 per week (around €321 per month). As regards the state pension, it stood at £102 (€ 490 per month). The Committee also notes from the report that there are other types of benefits available, such as housing benefit. It asks whether it is available for single persons earning the minimum levels of short-term and long term incapacity benefits, state pension and job seeker’s allowance. The Committee holds that even if the minimum levels of short term and long term incapacity benefits, state pension and job seeker’s allowance may satisfy the requirements of the European Code of Social Security, they are manifestly inadequate in the meaning of Article 12§1 of the Charter as they fall below 40% of the Eurostat median equivalised income.

Conclusion

The Committee concludes that the situation in United Kingdom is not in conformity with Article 12§1 of the Charter on the ground that:

·         the minimum levels of short-term and long-term incapacity benefit is manifestly inadequate;

·         the minimum level of state pension is manifestly inadequate;

·         the minimum level of job seeker’s allowance is manifestly inadequate.

Conclusions of the CEACR concerning the application of the ECSS (UK’s 47th report, 2015)

Part XI (Standards to be complied with by periodical payments),

Level of contribution-based and income-related benefits. The Committee recalls that the system of social protection in the United Kingdom comprises contribution-based and income-based social security benefits, as well as various tax credits and a range of means-tested social assistance benefits, which offer additional protection against poverty. Contribution-based benefits are payable at a flat rate to anyone who has paid the requisite amount of national insurance contributions. Income-based benefits replace or supplement contribution-based benefits and are available to all who meet the eligibility criteria as to their income. While the level of contribution-based and income-based benefits shall be measured according to the different methodologies laid down in Articles 66 and 67 of the Code, in both cases the amount of the periodical payment granted to the standard beneficiary in case of sickness and unemployment shall be sufficient (together with other means, in case of Article 67) to maintain his/her family in health and decency and not less than 45 per cent of the reference wage of the ordinary adult male labourer. Before the global financial crisis the Committee observed that, though this amount was largely attained by the income-based ESA and JSA, the contribution-based ESA and JSA fell short of the minimum level prescribed by the Code. The Committee regrets to note that the situation has not changed and the rate of the contribution-based benefits has been consistently kept below the minimum standard established by the Code. According to the statistics given in the 47th annual report, in 2015 the contribution-based ESA and JSA for claimants of 25 years and over were paid at the flat rate of £73.10 per week and represented only 19.6 per cent of the reference wage of an ordinary labourer instead of 45 per cent guaranteed by the Code (£73.10:£373.40 * 100 per cent = 19.6 per cent).  The replacement rate of 45 per cent will still not be reached even if the ESA flat rate is increased by the work-related activity component (£29.05) and the support component (£36.20), reaching only 37 per cent. The replacement rate of the SSP standard rate £88.45 stands only at 23.7 per cent. These benefit rates being much below the EUROSTAT at-risk-of-poverty threshold of 40 per cent of median equivalized income, the European Committee of Social Rights concluded in 2013 that “the minimum levels of short-term and long-term incapacity benefits, state pension and JSA … are manifestly inadequate in the meaning of Article 12§1 of the European Social Charter”. This Committee cannot but confirm this conclusion in the meaning of Article 66 of the European Code of Social Security as well.

To understand why flat rate amounts of contributory benefits are established below the poverty threshold, it has asked the Government to explain what poverty indicators were taken into account when determining these benefit rates. The 47th annual report replied that “the United Kingdom system, which is a combination of contributory, insurance-based social security and income-related social assistance benefits, is based on the traditional Beveridge approach involving universal, mainly flat rate, benefits, as opposed to the earnings-related benefit approach adopted by other European countries under the Bismarkian model. United Kingdom benefits are not set with reference to any ‘reference wage’ … . It is not clear that the committee’s question is particularly relevant to the United Kingdom position.” To make its question more relevant to the United Kingdom realities, the Committee wishes to underscore that the flat rates of contributory ESA and JSA as well as the standard rate of SSP are manifestly inadequate not only in comparison with the minimum rate calculated in relation to the reference wage under Article 66 of the Code, but also in comparison with the lowest poverty threshold calculated by EUROSTAT. The Committee finds that the logic and basic principles of social insurance are being twisted when persons entitled to contribution-based benefits receive benefits so low that they would be better off on social assistance. With these clarifications, the Committee once again requests the Government to explain whether by following “the traditional Beveridge approach” in determining the flat rate amounts of the contribution-based social insurance benefits, the Government takes into account their role in preventing in-work poverty.

With regard to the non-contributory income-based ESA and JSA, the Committee has previously noted that their amounts exceeded the level set by Article 67 of the Code and that consequently the level of protection required by Parts III and IV of the Code has been largely attained and surpassed by the combination of income-based and contribution-based benefits, where the former constituted the dominant form of protection for the great majority of the persons protected. For example, in November 2008, out of a total number of 1,036,500 claimants of JSA, 207,700 persons claimed contribution-based JSA, 706,100 persons claimed income-based JSA and 19,500 persons claimed both contribution- and income-based JSA. In order to be able to maintain this conclusion, the Committee would like the Government to furnish in its next report comparative statistics of coverage and calculations of the level of contribution-based and income-based ESA and JSA in accordance with the rules established by Articles 66 and 67 of the Code. Please provide the same calculations for SSP.

 Report 2016-ECSS:

The Committee regrets to note that the situation has not changed and the rate of the contribution-based benefits has been consistently kept below the minimum standard established by the Code.

The government believes that it maintains a strong welfare safety net that is adequate and balances the requirements of a sustainable welfare system with the need to ensure that work pays. Contribution-based benefits represent one part of the overall welfare system that includes a mixture of income-related and social assistance benefits such as housing benefit and tax credits.

Overall, the proportion of expenditure on contributory benefits as a share of Gross Domestic Product has remained broadly stable over recent years, from 4.8% in 2008/09 to 5.2% in 2016/17, and forecast to be 4.9% by 2020/21. Further details on overall spend on contribution-based benefits can be found on the government’s website[53].

The committee may also be interested to note that between 2001 and 2014, the replacement rate provided from benefits for UK couple families with two children rose from 64 to 72 per cent of average earnings. In 2014, the UK replacement rate provided by benefits for couples with two children was higher than the EU average, at 72 to 57 per cent. Further details on net replacement rates across the EU can be found on the European Commission’s website[54].

With these clarifications, the Committee once again requests the Government to explain whether by following “the traditional Beveridge approach” in determining the flat rate amounts of the contribution-based social insurance benefits, the Government takes into account their role in preventing in-work poverty.

Flat-rate contribution-based benefits, such as Jobseekers Allowance and Employment and Support Allowance, are out-of-work income replacement benefits and as such do not have a bearing on the question of in-work poverty.

Instead, the committee should note that the main rates of Jobseekers Allowance and Employment and Support Allowance provide a basic standard of living to those who are not in work at a level that does not disincentivise moving into work or back into work when the opportunity arises or their health permits.

Furthermore, the government is taking additional steps to incentivise and support people into work. This includes measures such as the introduction of the national living wage, which increases the minimum level of pay per hour for those aged 25 or over; the increases to the personal allowance in income tax which has ensured workers keep more of what they earn; and our reforms to childcare including doubling the hours of free childcare available for working parents of three- and four-year olds from 15 to 30 hours and the introduction of tax-free childcare.

In order to be able to maintain this conclusion, the Committee would like the Government to furnish in its next report comparative statistics of coverage and calculations of the level of contribution-based and income-based ESA and JSA in accordance with the rules established by Articles 66 and 67 of the Code. Please provide the same calculations for SSP.

The rates of contributory ESA and JSA are the same as the income based rates of ESA and JSA respectively.

Calculations for the coverage of contribution based ESA and JSA are provided in part III and part IV respectively in the above. Income based JSA and ESA provide for those who do not have enough national insurance contributions to claim contribution-based benefits and can also top up them in certain circumstances. Income-based JSA is available to those who are: over the age of 18, under the State Pension age, not in full time education, available for work, actively seeking for work and working on average less than 16 hours per week. Income-based ESA is available to those who passed a Work Capability Assessment, full information regarding this process is provided under part III in the above.

Out of 898,000 JSA claims in 2014/2015; 111,000 were contribution only, 11,000 contributory and income-based and 723,000 income-based only. Out of 2.24 million ESA claims in 2014/2015; 507,000 were contributory only, 248.000 contributory and income-based and 1.34 million income-based only[55]. As income-based benefits are means tested it is not possible to calculate the coverage in the same way as for contribution based benefits. The Government is committed to retaining the contributory principle as far as National Insurance Contribution based social security benefits are concerned. The UK’s obligation under the accepted Parts of the Code should continue to be met in this way for the foreseeable future with income-based benefits falling outside the scope of the Code as they are not a form of social security.

The calculations for SSP can be found under part III of the above.

Conclusions of the CEACR concerning the application of the ECSS (UK’s 48th report, 2016)

 Level of contribution-based and income-related benefits below poverty line. During the last decade the Committee of Ministers of the Council of Europe has been repeatedly pointing out that, in difference with the income-based ESA and JSA, the contribution-based ESA and JSA fell short of the minimum level prescribed by the Code and do not attain even the lowest EUROSTAT at-risk-of-poverty threshold of 40 per cent of median equivalized income in the UK and in the European Union as a whole. In its latest reply, the Government states that (a) “the rates of contributory ESA and JSA are the same as the income based rates of ESA and JSA respectively”; (b) “the Government believes that it maintains a strong welfare safety net that is adequate and balances the requirements of a sustainable welfare system with the need to ensure that work pays”; (c) “the Committee should note that the main rates of Jobseekers Allowance and Employment and Support Allowance provide a basic standard of living to those who are not in work at a level that does not disincentivise moving into work or back into work when the opportunity arises or their health permits”. With respect to these statements, one should first of all note that the Government is not contesting the fact that the level of the said benefits is insufficient in terms of the international standard established by the Code and Convention No. 102 and the at-risk-of-poverty threshold established by EUROSTAT. Instead, it considers this insufficient level “adequate” in terms of internal standard of welfare, and consequently expresses no intention to comply with the UK’s obligation to maintain social security benefits at least at the minimum level guaranteed by these international instruments. In appraising the Government’s position from a legal point of view, the Committee is bound to recall some basic rules of conduct of the Contracting Parties with respect to their international obligations freely assumed under the Code and ILO Conventions. Thus, the Vienna Convention on the Law of Treaties 1969 stipulates, in particular, that “every treaty in force is binding upon the parties to it and must be performed by them in good faith” (Article 26: “Pacta sunt servanda”), and that “a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty” (Article 27: Internal law and observance of treaties). With regards to the internal provisions to incentivise sick or unemployed workers moving into work as soon as possible invoked by the Government to justify its failure to guarantee the minimum benefits prescribed by the Code and Convention No. 102, the Committee considers that the policy of keeping the basic standard of living of those who are on benefits and not in work below the absolute poverty line results in using social security as a means of economic compulsion to labour. While such policies were indeed common in Europe in the XIX century, in the XXI century the international community believes that “basic income security should allow life in dignity” and “secure protection aimed at preventing or alleviating poverty”, as it was recently stated in the Social Protection Floors Recommendation, 2012 (No. 202). The policy of keeping the rates of SSP, ESA, JSA and the widow’s benefit, contribution-based as well as income-based benefits, below the poverty line stands in direct contradiction to such objectives of the Code as  “harmonising social charges in member countries” and “facilitating their social progress”, stated in its Preamble. In such situations where national welfare systems are designed in violation of the requirements of the Code, the Committee of Ministers reminds the Contracting Parties, as it has done in the Resolution CM/ResCSS(2016)21 on the application of the Code by the United Kingdom, that common European social security standards may be effective only so much as they are being respected and fulfilled by all and every member State. The Committee of Ministers should also point out that, in accordance with Articles 66, 67 and 70(3) of the Code, the Government shall accept general responsibility for the due provision of the said benefits at the level which shall be sufficient to maintain the family of the beneficiary in health and decency, and shall be not less than the level calculated in accordance with the requirements of Article 66. To fulfil these provisions in good faith, the Code requires the Government to take all the necessary measures, including actuarial studies and calculations of the changes in benefits, insurance contributions, or the taxes allocated to covering the contingencies in question. Regretfully, there are no such measures mentioned in the report, which merely indicates that the proportion of expenditure on contributory benefits as a share of Gross Domestic Product has remained broadly stable over recent years, from 4.8% in 2008/09 to 5.2% in 2016/17, and forecast to be 4.9% by 2020/21. Taking into account that, with these resources, the levels of abovementioned benefits were considered by the Resolution CM/ResCSS(2016)21 to be manifestly inadequate in the meaning of  Article 66 of the European Code of Social Security as well as in the meaning of Article 12§1 of the European Social Charter, the Committee asks the Government to undertake an actuarial study on the cost, in terms of a share of GDP, of bringing the level of contributory benefits to the minimum level guaranteed by the Code and to assess the capacity of the national economy to maintain them above the poverty line.As regards generation of additional resources which may be required for this purpose, the Committee draws attention to the 2010 estimation of the National Institute for Economic and Social Research mentioned in the Government’s report, that extending average working lives by one effective year, which is the purpose of raising the State Pension age from 65 to 66 years by 2020, could increase GDP by around 1 per cent.

 In this context, the Committee has also considered the demand of the Government to take into account that contribution-based benefits represent one part of the overall welfare system that includes a mixture of income-related and social assistance benefits, such as housing benefit and tax credits, and that the Government is taking additional steps to incentivise and support people into work. This includes measures such as the introduction of the national living wage, which increases the minimum level of pay per hour for those aged 25 or over; the increases to the personal allowance in income tax which has ensured workers keep more of what they earn; and the reforms to childcare including doubling the hours of free childcare available for working parents of three- and four-year olds from 15 to 30 hours and the introduction of tax-free childcare. The Committee, much as it would have liked to take into account social assistance benefits and other measures mentioned above in assessing the overall level of protection ensured by the national social security system, regrets to point out that, following the position firmly expressed by the Government, these measures “fall outside the scope of the Code as they are not a form of social security”. Nevertheless, the Committee is ready to enlarge the scope of social protections to be taken into account for the purposes of the Code and Convention No. 102, if the Government would reconsider its position.

Inclusion of income-based benefits

Conclusions of the CEACR concerning the application of the ECSS (UK’s 48th report, 2016). Parts III, IV, V and VII of the Code. Benefits to be taken into account. 

The Committee recalls that the system of social protection in the United Kingdom comprises contribution-based and income-based social security benefits, as well as various tax credits and a range of means-tested social assistance benefits, which offer additional protection against poverty. Contribution-based benefits are payable at a flat rate to anyone who has paid the requisite amount of national insurance contributions. Income-based benefits replace or supplement contribution-based benefits and are available to all who meet the eligibility criteria as to their income. In case of sickness income security is ensured through a mix of measures comprising employer liability provisions, contributory social insurance benefits and non-contributory income-tested benefits, which together seem to offer the level of social protection comparable to that guaranteed by the Code. According to the Government, the obligation to provide sickness benefit cover is met through a combination of Statutory Sick Pay (SSP) payable to employed workers by their employers, and contribution-based Employment and Support Allowance (ESA), which is available to employed and self-employed earners who are not covered for SSP purposes or whose entitlement to SSP has come to an end after the maximum duration of 28 weeks. SSP can be considered the main benefit covering the majority of persons protected during the whole period of payment of sickness benefit, as prescribed by Article 18 (1) of the Code. Employment and Support Allowance plays a supplementary role protecting only those who are not covered by SSP. Taken together, the Government believes these benefits ensure the required level of income security for the duration outlined by Part III of the Code. As regards the role of the income-tested benefits in the case of sickness, they are currently being replaced by the Universal Credit (UC), which “is a general anti-poverty benefit available to those at risk of falling into poverty. It is payable to people out of work as well as those in work and on a low income. The UK classifies this as a ‘social assistance’ rather than a ‘social security’ benefit… As Universal Credit is a form of social assistance it does not fall within the scope of the Code.”  Therefore, the Government considers that the UK’s obligation under the accepted Parts of the Code should continue to be met for the foreseeable future on the force of the National Insurance Contribution based social security benefits alone.

 The Committee takes due note of these important statements. It notes in particular that the United Kingdom wishes to apply Part III of the Code on the force of the combination of SSP and ESA (Contributory) at the exclusion of income-tested benefits such as income-related ESA and Universal Credit. Moreover, the Government insists that non-contributory income-related benefits shall not be taken into account for the purpose of all accepted Parts of the Code. The Committee observes that a Contracting Party is free to declare on the force of which benefits provided by the national social security system it accepts the obligations of the Code under each Part covered by its ratification. While respecting the above choice of the Government, the Committee would only partially agree with its statement that social assistance benefits fall outside of the scope of the Code. Indeed, the Code does not apply to the discretionary social assistance provided by the local authorities as they deem necessary; it fully applies to non-contributory means-tested social assistance benefits provided to all residents as of right. It is for measuring the adequacy of the rate of such benefits that Article 67 was included in the Code and Convention No. 102. The preparatory document on Convention No. 102 clearly states that Article 67 “applies to cases of social assistance under which the benefit may be reduced by part of the income or means of the beneficiary during the contingency. Safeguards are obviously required if social assistance is to be admitted for the purpose of compliance… A Member wishing to comply on the basis of social assistance would therefore have to prove that its maximum benefit, which will be payable to a family without sufficient means, is actually a subsistence benefit and large enough to permit the family to live under tolerable conditions.” (Report V (b), International Labour Conference, 35th Session, Geneva, 1952, p. 110.)

 Part XII. Equality of treatment of non-national residents

The UK has ratified the obligations resulting from Part XII of C102

§1(b) Article 1 C102, §1(e) Article 1 ECSS

 The term residence means ordinary residence in the territory of the Member and the term resident means a person ordinarily resident in the territory of the Member.

Ø Article 68. C102

1. Non-national residents shall have the same rights as national residents: Provided that special rules concerning non-nationals and nationals born outside the territory of the Member may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and in respect of transitional schemes.

2. Under contributory social security schemes which protect employees, the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, under that Part, the same rights as nationals of the Member concerned: Provided that the application of this paragraph may be made subject to the existence of a bilateral or multilateral agreement providing for reciprocity.

RF/C102:

A. Please state whether residents who are not nationals have the same rights as national residents, as stipulated in this Article.

B. Please state whether recourse is had to the provisions of paragraph I of this Article which permit of the prescription of special rules concerning non-nationals and nationals born outside the territory of the Member in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds if so, please give details of such special rules.

C. If there is a contributory social security scheme designed for employees or if there are several such

schemes, please state whether the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention automatically have the same rights as nationals or whether equality of treatment is subject to the existence of a bilateral or multilateral agreement providing for reciprocity. If such agreements are required, please give information on the reciprocity agreements in force during the period covered by the report and, where this has not already been done, forward copies to the International Labour Office with this report..


Part XIII. Common provisions

XIII – 1. Suspension of benefit

See under Parts II to X of the Consolidated Report

XIII – 2. Right of complaint and appeal

ØArticle 70. C102, Article 69. ECSS

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention (Code) a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

Report 2016-C102:

No change

Conclusions of the CEACR concerning the application of the ECSS (UK’s 44th Report, 2012): Right of complaint and appeal

Article 69.  The Committee of Experts also requests the Government to indicate and explain the legal provisions and practical procedures that exist in the national social security system, which are intended to guarantee persons protected the full enjoyment of their rights to obtain information and advice, the right of recourse and appeal, the right to be represented and assisted before relevant courts and tribunals, including access to funding for this purpose, and the right to be able to challenge malpractices by social security administration before competent inspection and supervisory bodies and to request their intervention.

Report 2013-ECSS:

Response to the Committee of Experts’ Conclusions:

The Government apologises to the Committee for the oversight in not responding on the issues covered by Article 69 in its previous Report, but welcomes the timely opportunity to do so now, as there has been recent reform and change in this area.

The Social Security Act, 1988 (http://www.dwp.gov.uk/docs/a1-3001.pdf ) had introduced a comprehensive reform of decision making and appeals procedures and the position subsequently remained more or less the same until recent reforms were introduced by the Welfare Reform Act of 2012, effective from April 2013. The current reforms will streamline and simplify procedures with a view to early internal resolution and to reducing the need for disputes to go to tribunals for decision.

Appeals process changes for all DWP benefits and child maintenance cases

The appeals process is changing so that more disputes involving Department for Work and Pensions (DWP) decisions can be resolved without the need for referral to Her Majesty’s Courts and Tribunals Service (HMCTS).  DWP is committed to preventing disputes, reducing the escalation of disputes, resolving disputes and learning from disputes.  From April 2013, DWP began to introduce these changes, which were part of the Welfare Reform Act 2012.

DWP will reconsider all decisions before an appeal. If someone disputes a decision, they will need to ask DWP to reconsider the decision before they can appeal to HMCTS. This is known as “mandatory reconsideration”. The change aims to make sure that people understand the decision and encourages them to provide additional evidence earlier in the process. Resolving disputes without the need for an appeal should also help ensure that people receive the right decision earlier in the process.

Appeals are to be made directly to HMCTS. This change means that, after DWP has reconsidered a decision, if someone still disputes the decision and wishes to appeal, they must send their appeal directly to HMCTS. This is known as “direct lodgement”. It brings the process for Social Security and child maintenance appeals into line with other major tribunal jurisdictions handled by HMCTS.

Time limits for DWP to return responses to HMCTS are being introduced. DWP has agreed to the request of the Tribunal Procedure Committee to introduce time limits for DWP to return appeal responses to HMCTS, and undertaken to provide an appeal response within 28 calendar days in benefits cases, and within 42 calendar days in child maintenance cases.

DWP introduced all three changes for Personal Independence Payment and Universal Credit in April 2013. For all other DWP benefits and child maintenance cases, mandatory reconsideration, direct lodgement and time limits will be introduced towards the end of October 2013, and DWP will begin to report against the time limits from October 2014. 

Rights to obtain information and advice

Legal provisions

In relation to benefit awards, a claimant or their legally appointed representative can seek information or advice at any time. There is no legal basis for this right; it arises from their entitlement to benefit.  Any other third party can seek information, but there are strict data protection principles in place which restrict what, if anything can be disclosed about a claimant.

Practical procedures        

Claimants can attend an office, telephone, write or use electronic media.

Leaflet GL24 “If you think your decision is wrong”, April 2013 edition, gives current guidance and advice on reconsideration of decisions and appeal rights and also includes an appeal form for cases arising before October 2013 under existing procedures.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/191806/GL24_042013_WEB.PDF

Advice on appealing against a decision made on or after 28 October 2013 will be set out in the claimant’s notification of the decision made on the benefit claim.

Legislation

The Tribunals, Courts and Enforcement Act 2007; http://www.legislation.gov.uk/ukpga/2007/15/contents

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008; http://www.legislation.gov.uk/uksi/2008/2685/contents/made

The Tribunal Procedure (Upper Tribunal) Rules 2008; http://www.justice.gov.uk/downloads/tribunals/general/upper-tribs-rules.pdf

The Social Security and Child Support (Decisions and Appeals) Regulations 1999; http://www.legislation.gov.uk/uksi/1999/991/contents/made

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013. http://www.legislation.gov.uk/uksi/2013/381/contents/made

Practical procedures

Under the current provisions, claimants are able to request a reconsideration of decisions and appeal to the First-tier Tier Tribunal (application being made to the DWP and not Her Majesty’s Courts and Tribunals Service, which administers appeal hearings), with further appeals to the Upper Tribunal, Court of Appeal, Supreme Court and EUCJ / ECHR.

New provisions, from April 2013 for Personal Independence Payment and Universal Credit (and from October 2013 for all other benefits) mean that an appeal can only be lodged after a claimant has gone through the reconsideration process, that is, a claimant must first ask the Secretary of State to look again at his decision with a view to revising it.  This is known as “mandatory reconsideration”. Following such reconsideration, if the claimant still disagrees with the decision, there is a right to an independent tribunal. To exercise that right, the claimant will make the appeal directly to Her Majesty’s Courts and Tribunals Service (HMCTS). HMCTS will request an explanation of the decision from the DWP – for benefit appeals this ‘response’ should be provided within 28 days (this time limit is new).  The appeal will then be heard. As now, if the claimant disagrees with the tribunal’s decision he can seek leave to appeal to the Upper Tribunal (on a point of law only).

With regard to letting claimants know about the above, they are informed in their initial decision notification how to dispute the decision, that is ask for a reconsideration or a mandatory reconsideration; they are also told how to how to appeal - under the new decision making process this information is included in the notice telling them about the outcome of their mandatory reconsideration request. They are given further information as their appeal progresses.

The respective Tribunals inform appellants about what to do should they disagree with the Tribunal’s decision.

Right to be represented and assisted before relevant courts and tribunals, including access to funding

From 1 April 2013 the Legal Aid, Sentencing and Punishment of Offenders Act 2012 http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted removed most welfare benefits cases from the scope of legal aid for appeal to the First-tier Tribunal (it should be noted that before the change it was only available at the advice stage and not for representation at the hearing). However, it has been retained for advice on welfare benefit appeals to the Upper Tribunal, and advice and legal representation for onward appeals to the Court of Appeal and Supreme Court.

Under rule 11 of The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, claimants can appoint a person to represent them before a First-tier Tribunal; similar provision is made in rule 11 of The Tribunal Procedure (Upper Tribunal) Rules 2008.

Practical procedures

The Government’s Gov.UK website sets out clear and concise instructions on to how to apply for legal aid. https://www.gov.uk/legal-aid/overview

Right to be able to challenge malpractices by social security administration before competent inspection and supervisory bodies and to request their intervention

The Department has a formal complaints procedure both for complaints and expressions of dissatisfaction with DWP policy, administration or members of staff.

DWP does its utmost to ensure that where possible all such complaints are resolved in house.  Each of the DWP’s five customer serving business units has its complaints procedures, with a commitment to respond within two weeks by either accepting the complaint, with details of what is being done to put matters right, or, if not accepted, giving reasons why. If not satisfied, the complaining customer can request a review by a more senior staff member.  DWP has an online complaints service mechanism for these purposes.

The Independent Case Examiner (ICE) was introduced in April 1997 to investigate complaints of maladministration against the Child Support Agency. Since April 2007, the ICE has also investigated complaints of maladministration against all customer facing businesses within the Department. The ICE can be approached directly by the customer, once internal complaints procedures have been exhausted. The ICE cannot, however, consider matters of law or government policy. The department will act upon recommendations made by ICE, unless there are exceptional reasons why they can not be implemented.

If the Independent Examiner does not resolve the matter satisfactorily, redress can be sought through the Parliamentary and Health Service Ombudsman. Judicial Review is also available.

Northern Ireland

Mandatory Reconsiderations

The Northern Ireland Welfare Reform Bill will, subject to agreement, include a corresponding clause relating to mandatory reconsiderations.

XIII – 3. Financing and Administration

Article 71. C102, Article 70. ECSS

1. The cost of the benefits provided in compliance with this Convention (Code) and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member (Contracting Party) and of the classes of persons protected.

2. The total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children. For the purpose of ascertaining whether this condition is fulfilled, all the benefits provided by the Member (Contracting Party) in compliance with this Convention (Code), except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.

3. The Member (Contracting Party) shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention (Code), and shall take all measures required for this purpose; it shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

2. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

Financing(Article 71. C102, Article 70. ECSS)

Estimated outturn figures (GB£ million) for the year 2015-2016.

Part to which ratification applies

Expenditure on the protection of employees, their wives and children (A)

Insurance contributions borne by the employees protected (B)

II

138,700 (a)

£8,662 (b)

III

4,441 (contributions based Employment & Support Allowance)

IV

341 (contributions based Job Seekers Allowance)

V

70,973 (Retirement Pension – Basic Pension and Graduated Benefit)

18,119 (Retirement Pension - Additional Pension)

128 (Christmas Bonus – this is a single tax-free payment available for people who get one of the qualifying benefits in the qualifying week)

TOTAL     (excluding II)

£94,002m

£37,645 (c)

(Source: Government Actuary Report on the Social Security Benefits Up-rating Order 2016[56] unless otherwise stated).

Expenditure on Part VII Family Benefits and Tax Credits is met wholly from general taxation.

NOTES:

(a) See Her Majesty’s Treasury entitled ‘Public Expenditure Statistical Analyses 2015-16’, page 70, table 4.2[57].

(b) The National Health Service is financed mainly through general taxation with a small element coming from National Insurance Contributions (NICs) paid by workers (£8.662mil ) and employers (£12.429 mil) – see Appendix 4 Government Actuary Report). All other expenditure figures are taken from table 4.2 (page 14) in this report.

(c) Does not include NHS Contribution listed against II (b) above. It is not possible to break this figure down according to benefit, except for Part II. Employee’s contributions to the National Insurance Fund also help meet the cost of maternity benefits, Guardian’s Allowance and Redundancy Payments.

Percentage B/A 40.0%, but see Note (c) above.

·         RF/C102/ECSS: please state to which extent responsibility has been assumed by the Member for the provision of benefits.

The continuing equalisation of women’s and men’s State Pension age slightly reduced the number of people entitled to old age benefit in 2015/16.

·         RF/C102/ECSS: please indicate the principal changes that have been made during the period covered by the reports as regards benefit:

Benefits have been increased annually as provided for in the Social Security Benefits Up-rating Orders

·         RF/C102/ECSS: please indicate the principal changes that have been made during the period covered by the reports as regards rates of contribution:

Full details of the rates of benefits provided from the National Insurance Fund are shown in Appendix 1 of the Government Actuary’s Up-rating Report 2016[58].

·         RF/C102/ECSS: please state whether the necessary actuarial studies and calculations concerning the financial equilibrium are made periodically. Where this has not already been done, please forward the results of any such studies and calculations.

Please see Government Actuary’s Report 2014/15.

The Report of the Government Actuary on the potential impact on the National Insurance Fund of the draft Social Security Benefits Up-rating Order 2014 and the draft Social Security (Contributions) (Re-rating) Order 2014 that were to introduce the 2014 annual rates of Contributions and Benefits as set out in Tables 1 and 2 above, and also the response in respect of the table of benefits set out in Part I B of this report above, can be viewed via the following link:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/275294/36532_GAD_Report_Web_Accessible.pdf

Report 2015-ECSS:

Financing - United Kingdom

(a)      Changes made during the reference period.

From April 2015 the employee and employer’s rates of National Insurance contributions (NICs) were unchanged. For employees the rate remained at 12% on earnings above the primary threshold up to the upper earnings limit (UEL). It also remained at 13.8% for employers above the secondary threshold. In addition, NICs remains payable at 2% on earnings above the upper earnings limit by employees. For employees all limits and thresholds increased in line with inflation with the exception of UEL which was increased by £10 to £815 per week to align with the point at which the higher rate of income tax becomes payable. The Upper Accrual Point remains frozen at a weekly level of £770, the same as when it was introduced on 6 April 2009. With regard to the self-employed, the rate of Class 4 NICs remains at 9% on profits between the Lower and Upper Profits Limit (UPL). In addition, the Class 4 NICs is payable above UPL at a rate of 2%. The Lower Profits Limit was increased in line with inflation by £104 to £8060 per year. Flat rate Class 2 contributions, which secure access to benefits, were increased by £0.05 to £2.80 per week. For the non-employed, the flat rate of Class 3 contributions was increased by £0.20 per week to £14.10 per week.

From April 2015, employer National Insurance contributions (NICs) are abolished for under 21 year olds on earnings up to the upper secondary threshold (£815 a week in 2015-16). The abolition of employer NICs for under 21s will lower the cost of their employment considerably. For example, it will become over £500 cheaper to employ an under 21 year old earning £12,000 a year, and over £1,000 cheaper to employ an under 21 year old earning £16,000 a year. Employers of around 1.8 million young people aged between 16 and 21 will benefit from the abolition of their NICs liabilities, by about £332 per employee on average.

Tables on earnings-related contribution rates

Table 1 - 2014/2015 not contracted –out

WEEKLY EARNINGS

                EMPLOYEE

                EMPLOYER

                STANDARD

                REDUCED

Nil - £111

Nil

Nil

Nil

£111.01 - £153

0%

0%

0%

£153.01 – £805

12% of that part of earnings which exceeds £153 but does not exceed

£805

5.85% of earnings between £153 and £805

13.8% of all earnings which exceed £153

Above £805

2% of that part of earnings which exceed £805

2% of that part of earnings which exceed £805

                 

Table 2 - 2014/2015 contracted-out

Employers pay standard rate contributions at the not-contracted-out rate on earnings over £770, which is the new weekly Upper Accrual Point

WEEKLY EARNINGS

                EMPLOYEE[1]

                EMPLOYER*

STANDARD

                REDUCED

Nil - £111

Nil

Nil

Nil

£101101 – £153

0%

0%

0%

£153.01  – £770

10.4% of that part of earnings which exceeds £153 but does not exceed £770

5.85% of earnings between £153.01  and £805

10.1% on earnings between £153.01  and £770

£770.01 to £805

12% of that part of earnings which exceeds £770 but does not exceed £805

13.8% on all earnings which exceed £ 770

Above £805

2% of that part of earnings which exceed £805

2% of that part of earnings which exceed £805

* Rates only apply to Contracted-out Salary Related Occupational Pension Schemes.  A different structure and rate applies to Contracted-Out Money Purchase Schemes.

(b)      Changes implemented for the 2015/2016 tax year

April 2015 uprating increases

Table 1 - 2014/2015 not contracted –out

WEEKLY EARNINGS

                EMPLOYEE

                EMPLOYER

                STANDARD

                REDUCED

Nil - £112

Nil

Nil

Nil

£112.01 - £155

0%

0%

0%

£155.01 – £815

12% of that part of earnings which exceeds £155 but does not exceed

£815

5.85% of earnings between £155 and £815

13.8% of all earnings which exceed £155

Above £815

2% of that part of earnings which exceed £815

2% of that part of earnings which exceed £815

                 

Table 2 - 2014/2015 contracted-out

Employers pay standard rate contributions at the not-contracted-out rate on earnings over £770, which is the weekly Upper Accrual Point

WEEKLY EARNINGS

                EMPLOYEE[1]

                EMPLOYER*

STANDARD

                REDUCED

Nil - £112

Nil

Nil

Nil

£112.01 – £155

0%

0%

0%

£155.01  – £770

10.4% of that part of earnings which exceeds £155 but does not exceed £770

5.85% of earnings between £155.01  and £815

10.1% on earnings between £155.01  and £770

£770.01 to £815

12% of that part of earnings which exceeds £770 but does not exceed £815

13.8% on all earnings which exceed £ 770

Above £815

2% of that part of earnings which exceed £815

2% of that part of earnings which exceed £815

* Rates only apply to Contracted-out Salary Related Occupational Pension Schemes.  A different structure and rate applies to Contracted-Out Money Purchase Schemes.

(c) Research (including evaluation), completed or initiated

Research and statistics commissioned by, or relevant to, Her Majesty’s Revenue and Customs may be found here:

http://www.hmrc.gov.uk/thelibrary/research.htm

Administration

Report 2012-ECSS:

Restructuring of the Department for Work and Pensions

From 3rd October 2011 the day-to-day operations of Jobcentre Plus and the Pension, Disability and Carers Service were brought under the leadership of a single Chief Operating Officer, as part of the overall restructuring of the Department for Work and Pensions (DWP) with a view to making it more efficient and streamlining its management. Jobcentre Plus and the Pension, Disability and Carers Service no longer have formal executive agency status.

The DWP also established a stronger Departmental Board, chaired by the Secretary of State with a strong team of non-executives led by Ian Cheshire (Group Chief Executive of Kingfisher plc). The changes reflect a single, smaller, Executive Team for the whole Department, led by the Permanent Secretary and including the new Chief Operating Officer.

These changes do not affect the way help and support services are provided to the public. Services under the brands of Jobcentre Plus, Pension Service, and Disability and Carers Service continue to be delivered to jobseekers, benefit claimants and pensioners as before, ahead of the introduction of Universal Credit in 2013. Ministerial accountability remains unaffected by the changes.

Research

The complete range of DWP research completed and planned can be viewed at:

http://research.dwp.gov.uk/asd/asd5/rrs-index.asp

                                                                                              


Annex 1. Additional information reported on Part II. Medical Care and Part III. Sickness Benefit

a)      Health at Work - an independent review of sickness absence

Report 2013-ECSS:

In February 2011, the Department for Work and Pensions and the Department for Business, Innovation and Skills commissioned a review of sickness absence in Great Britain.  The independent Review, undertaken by Dame Carol Black and David Frost, was published on 21 November 2011 - “Health at Work - an independent review of sickness absence[59]

The key purpose of the Review was to make recommendations to help people who can work to stay attached to the labour market through periods of ill health, whilst ensuring those too sick to work receive support quickly. The key recommendations are:

·      a State-funded Independent Assessment Service to help employers manage absence and support employees back to work sooner. It would complement the GP role in sickness certification by assessing an individual’s functional ability for work at the four-week stage of sickness absence, and provide advice on how an employee can be helped to return to work;

·      that expenditure by employers on medical treatments or vocational rehabilitation should attract tax relief, where it assists basic-rate taxpayers. Currently this expenditure is treated as a benefit-in-kind, and tax and National Insurance are both levied as if it were part of the employee’s pay;

·      the abolition of the Percentage Threshold Scheme (PTS), which currently costs Government £50m a year to reimburse part of the sick pay costs of firms, predominantly smaller ones, whose sickness absence bill goes above a certain proportion of their National Insurance costs. Evidence suggests that much of the three-year record-keeping requirement under Statutory Sick Pay can be related to PTS. The review also recommended that this associated administrative burden should be scrapped;

·      the introduction of a new job-brokering service, free for those experiencing long-term absences of 20 weeks or more. The reviewers suggest that employers and individuals could access it earlier, for a charge; and that the service should be aimed at those people who could return to work but, for whatever reason, need a change of employer;

·      that public sector employers should address sickness absence in the public sector, making use of the Independent Assessment Service and the job brokering service where appropriate. The reviewers believe public sector employers could save significant sums of money if the worst performing emulated the best. The review also recommended that Government should review occupational sick pay policy in the public sector. The Review covered the private and public sectors, and all recommendations apply to both sectors; and

·      the abolition of the 13-week Employment and Support Allowance (ESA) assessment phase, which precedes the Work Capability Assessment (WCA). Claimants would go onto ESA only if they qualify after the WCA. This would be supported by other changes within Jobcentre Plus to make sure the right people are directed to the correct benefit.

The Government plans to publish a response in November 2012, after taking time to consider the Review’s findings and recommendations, which have raised complex issues and will require further and detailed consideration to address feasibility, costs, benefits and wider consequences.

The Government’s response

Report 2015-ECSS:

As explained in the previous report, in November 2011, the then Government welcomed the findings of Health at Work - an independent review of sickness absence in Great Britain by Dame Carol Black and David Frost CBE.

The review produced recommendations calling for a number of improvements including:

The lack of access to occupational health advice was identified as one of the obstacles to people returning to work, especially within Small-medium enterprises (SMEs). ‘Fit for Work’ will complement existing occupational health services and fill the gap in support where this exists.

The advice element of the service is now live, providing free advice to anyone requiring work-related health advice, including employees, employers and GPs.

On 9 March 2015, GPs in Sheffield and Betsi Cadwaladr University Health Board area began referring eligible patients to a Fit for Work occupational health assessment. Fit for Work will be expanded across England and Wales over a period of months with GPs being able to refer nationwide by autumn 2015. All employers nationally will be able to refer from autumn 2015, once GP referrals have fully rolled out. For more information about roll-out in England and Wales, please see www.fitforwork.org

Employers in areas where GPs can refer will in future receive Return to Work Plans, which will provide recommendations and evidence of sickness, replacing the need for a fit note.

Fit for Work is being delivered in England and Wales by Health Management Ltd and in Scotland by the Scottish Government via NHS Scotland. In Scotland the service is called Fit for Work Scotland (www.FitforWorkScotland.scot)

Fit for Work Scotland assessment service went live on 30 January 2015 in three NHS Board areas, with Lanarkshire, Lothian and Tayside accepting referrals from GPs. Roll-out will extend to the remaining NHS Board areas in spring 2015, including functionality to allow employers to make referrals. For information on Fit for Work Scotland roll-out, please see www.fitforworkscotland.scot

b)      Statement of Fitness for Work[60] – “fit note”

Report 2013-ECSS:

Support for people with health conditions

The Government believes that it is important to support people with health conditions to return to appropriate work as soon as possible. There is strong evidence that long periods out of work are associated with poor mental and physical health, increased use of health services and poverty. The longer someone is off work, the lower their chances of getting back to work. Work has also been shown to have therapeutic value and is generally good for physical and mental health and well-being. On the other hand, staying off work can lead to long-term absence and job loss with the risk of isolation, loss of confidence, mental health issues, de-skilling and social exclusion.

The fit note enables doctors to provide more useful advice to their patients about the effects of their health condition and how they might be able to return to work while they recover.

The Statement of Fitness for Work was developed in partnership with employer, medical and employee representative groups based on the consultation “Reforming the Medical Statement”[61].

How fit notes are used

The fit note allows doctors to advise that patients "may be fit for work taking account of the following advice" or are "not fit for work".

Doctors can record details of the functional effects of their patient's condition – so individuals and employers can consider simple changes to the work environment or job role or other steps to help the employee return to work earlier.

The fit note also helps employers to support their employees back to work as soon as possible, so that they retain skills that are critical to business success.

Published guidance for the general public can be viewed via the following link:

http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_187161

From early July 2012, General Practitioners (GPs) will start using computer-completed fit notes. They will be printed on one side of A4 paper and will include the same information as handwritten fit notes.

Patients will still get handwritten fit notes from hospital doctors, GPs on home visits and GPs with older IT systems.

An evaluation of the Statement of Fitness for Work, Related Researches

RR 780 An evaluation of the Statement of Fitness for Work: qualitative research with General Practitioners - by Beth Fylan, Fiona Fylan and Lauren Caveney

November 2011

This report forms part of a programme of evaluation gathering evidence on the use of the Statement of Fitness for Work (fit note). On 6 April 2010, the Government implemented the fit note across England, Wales and Scotland with the aim of giving individuals and employers access to timely information about when and how sick individuals might return to work.

The research is based on 45 in-depth semi-structured interviews with General Practitioners (GPs) between February and May 2011. The report explores GPs’ views of the change in policy, how they prepared to use the fit note and use it during consultations with patients, and their views on their role in sickness certification.

http://research.dwp.gov.uk/asd/asd5/rports2011-2012/rrep780.pdf

RR 792 Evaluation of the Fit for Work Service pilots: first year report

edited by Jim Hillage - February 2012

Following Dame Carol Black’s 2008 review of the health of Britain’s working age population, 11 Fit for Work Service (FFWS) pilots were launched throughout Great Britain with the intention of testing different approaches to supporting people in the early stages of sickness absence working in small and medium-sized enterprises to get back to work as quickly as possible.

The Department for Work and Pensions (DWP), with the Department of Health (DH), commissioned a consortium involving the Institute for Employment Studies (IES), the Fit for Work Research Group at Liverpool University, the Social Policy Research Unit (SPRU) at the University of York, the National Institute of Economic and Social Research (NIESR), and GfK NOP, to evaluate the pilots. This report presents the findings from the first year of the evaluation.

http://research.dwp.gov.uk/asd/asd5/rports2011-2012/rrep792.pdf

RR 797 Evaluation of the Statement of Fitness for Work: Qualitative research with employers and employees - by Mumtaz Lalani, Pamela Meadows, Hilary Metcalf and Heather Rolfe April 2012

This report forms part of a programme of evaluation to gather evidence on the use of the Statement of Fitness for Work (fit note). On 6 April 2010 the Government implemented the fit note across Great Britain to help people who are off sick get back to work as quickly possible.

The study was based on qualitative research with a purposive sample of 54 employing organisations that had some experience of using the fit note. It explores the experiences and outcomes of the fit note from the perspectives of employers and employees to understand how these differ across businesses or organisations. The study involved interviews with employer representatives and employees conducted between March and July 2011.

http://research.dwp.gov.uk/asd/asd5/rports2011-2012/rrep797.pdf

Report 2013-ECSS:

Evaluation of the Statement of Fitness for Work (fit note): quantitative survey of fit notes (RR 841)

https://www.gov.uk/government/publications/evaluation-of-the-statement-of-fitness-for-work-fit-note-quantitative-survey-of-fit-notes-rr-841

Published: 25 June 2012

Summary: The Statement of Fitness for Work (known as a ‘fit note’) was introduced in April 2010 across England, Wales and Scotland, replacing the previous medical statement (known as a ‘sick note’). This was intended to help more people return to work from sickness absence as soon as they are able to. The fit note has the option to record that an individual ‘may be fit for work’ and to indicate basic adjustments or adaptations that could aid return to work.

As part of the fit note evaluation programme, the Department for Work and Pensions (DWP) commissioned the Institute for Employment Studies and the University of Liverpool to conduct a quantitative assessment of the fit note to strengthen the evidence base on sickness certification and sickness absence. To achieve this, 49 GP practices in five areas of Great Britain collected data for 12 months from 58,695 fit notes distributed to 25,000 patients. Data collection took place between October 2011 and January 2013.

This report presents the findings from the analysis of this fit note data. It explores the common characteristics of patients who are more likely to receive a fit note for a sickness absence and the types of advice provided. It looks at the characteristics of GPs issuing fit notes and the types of advice given about possible return to work. The report considers the factors associated with the type and length of sickness absence episodes involving one or more continuous fit notes. It also compares the role of the fit note in long-term sickness absence certification with that of the sick note.

A DWP research report to be published on the same day as this report concludes the fit note evaluation programme. The ”survey of employees” was conducted by the Office of National Statistics and looks at how helpful the fit note has been from the employee’s perspective and the interaction with their GP and employer.

A repeat survey on GPs’ attitudes towards health and work was published in April 2013. Many of the findings of the 2012 survey re-iterated those of the baseline survey conducted in 2010. Generally, GPs see themselves as having an important role in promoting the health benefits of work and fit notes increasingly help them to fulfil this role.

This research programme has informed our understanding of sickness absence and will help in the design of the new health and work assessment and advisory service (which will provide expert help to people on sickness absence). It has also contributed to the revised fit note guidance for GPs, employers and patients published in March 2013.

Series: Research reports from 2010 onwards

An evaluation of the Statement of Fitness for Work (fit note): Survey of employees (RR 840)

https://www.gov.uk/government/publications/an-evaluation-of-the-statement-of-fitness-for-work-fit-note-survey-of-employees-rr-840

Published: 1 June 2013

Summary:       The Government introduced the Statement of Fitness for Work or ‘fit note’ in April 2010, to replace the previous medical statement (known as the ‘sick note’). This was intended to help more people return to work from sickness absence as soon as they are able to. The fit note has the option to record that an individual ‘may be fit for work’ and to indicate basic adjustments or adaptations that could aid return to work.

As part of the fit note evaluation programme, the Department for Work and Pensions (DWP) commissioned the Office for National Statistics (ONS) to carry out the Fit Note Survey to examine individuals’ experience of and the perceived impact of the fit note. The survey ran for six months between January and June 2012, using a sample of 1,398 eligible adults who consented to be interviewed. The purpose of the survey was to build our knowledge on how the fit note has been used in practice since its introduction in 2010, to help strengthen the wider evidence base on sickness certification.

This report explores characteristics of the employed, their last period of sickness absence from work that was covered by a fit note. It looks at the characteristics of individuals most likely to receive a fit note, the discussion and advice given by GPs when issuing fit notes including whether work was discussed, the roles that employers played before and after being given a fit note and individuals’ perceptions of the fit note and perceived impact on their return to work.

A DWP research report to be published on the same day as this report concludes the fit note evaluation programme. The “quantitative survey of fit notes” was conducted by the Institute for Employment Studies and the University of Liverpool. 1 It looks at data from 58,695 fit notes distributed to 25,000 patients in 49 GP practices over a 12-month period between October 2011 and January 2013.

A repeat survey on GPs’ attitudes towards patients’ health and work was published in April 2013. Many of the findings of the 2012 survey re-iterated those of the baseline survey conducted in 2010. Generally, GPs see themselves as having an important role in promoting the health benefits of work and fit notes increasingly help them to fulfil this role ( Hann, M and Sibbald, B (2013). General Practitioners’ attitudes to patients’ health and work, 2010-2012.

This research programme has informed our understanding of sickness absence and will help in the design of the new health and work assessment and advisory service (which will provide expert help to people on sickness absence). It has also contributed to the revised fit note guidance for GPs, employers and patients published in March 2013.

Series: Research reports from 2010 onwards

Report 2015-ECSS:

Fit for Work: exploring future GP referrals (10 October 2014)

The aim of this study was to provide an estimate of the likely proportion of eligible employees that GPs would refer to FFW for assessment, to inform the project’s communication and engagement activity, identify the type of patients that GPs were most likely to refer and the factors affecting variation in GPs’ willingness to refer employees.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/362443/rr883-fit-for-work.pdf

Health and Wellbeing at work: Survey of Employees

This research helps us to understand health and work, what helps sickness absentees return to work and informs the Fit for Work strategy.

Key findings:

·         32% of employees had a health condition in the last 12 months, while 42% of employees had experienced at least one period of sickness absence.

·         Having a supportive employer and discussing health conditions at an early stage were associated with being less likely to have had more than two weeks off sick.

·         84% of employees thought that Fit for Work would be a useful service.

For the full report visit: https://www.gov.uk/government/publications/health-and-wellbeing-at-work-survey-of-employees

Fit for Work Service pilots 2010 to 2013: final evaluation report

This research evaluates the effectiveness of pilots to help employees return to work after a period of sickness absence.

Key findings:

·         Nearly all those using the pilot service had either a musculoskeletal condition or a common mental health condition.

·         72% of clients absent from work on entering the pilot service had returned to work by the time they had left.

·         Nine in ten clients were satisfied with the service they received, and around half thought the pilot service had helped them return to work sooner.

For the full report visit: https://www.gov.uk/government/publications/fit-for-work-service-pilots-2010-to-2013-final-evaluation-report

c)       Researches on ESA

Report 2012-ECSS:

Employment and Support Allowance Pilots

The Government is testing different approaches to supporting ESA claimants in the Work Related Activity Group (WRAG), with a prognosis of 18 months or more, to move closer to the labour market, to help the Department to understand what works for this claimant group.

The pilots will test the following three variants:

·         Health Care Professional (HCP) – work and health related focus;

·         Enhanced Jobcentre (JCP) Support – increased employment focus; and

·         Work Programme (WP) – flexible support model, determined by the provider.

The pilots will run from 25 November 2013 to 26 August 2016. Claimants will spend two years on the pilot following recruitment.

The overarching intent of the pilots is to test whether an increase in health and work related support for ESA WRAG claimants, with a prognosis of 18 months or more, can deliver better outcomes than the WP and the standard Jobcentre support. Success will be measured through improvements in health and/or perception of individual’s health and off flows into employment.

The evaluation will measure the outcomes of all three pilots. Evaluation methods will include qualitative and quantitative survey research with claimants, suppliers and JCP staff. This research will gather evidence on a wide range of topics including details of the support received, delivery challenges, claimant’s perceptions of their health conditions and perceptions of readiness to work.  The evaluation will also monitor the impact of the pilot interventions on employment and benefit outcomes via analysis of administrative data.

Report 2013-ECSS:

Decision making on Employment and Support Allowance claims (RR788)

https://www.gov.uk/government/publications/decision-making-on-employment-and-support-allowance-claims-rr788

Published: 16 July 2012

Summary:       This report covers findings from a small-scale qualitative study commissioned to understand more about how decision makers make judgments in the minority of Employment and Support Allowance (ESA) cases where they potentially face conflicting evidence. It focuses on the types of cases where these complexities arise, how decision makers deal with them and how support for decision makers could be improved.

In considering these issues, the report is deliberately focused on areas of the process where there is scope for improvement and, as such, inevitably contains negative comments about the processes as they were in the autumn of 2011.

The research took place in September and October 2011 and involved 10 group discussions with decision makers at 5 different benefit centres and 10 in-depth interviews with Atos healthcare professionals (HCPs).

The report was commissioned in June 2011 in response to recommendations in Professor Harrington’s first independent review of the Work Capability Assessment (2010).

The findings of this research informed Professor Harrington’s 2011 recommendation to audit decision makers’ performance. This audit, and a programme of unannounced visits by Professor Harrington to benefit delivery centres and Atos assessment centres in 2012, provided insight into the changes that have taken place and will help ensure decision makers are making well-informed and robust decisions. As part of its commitment to continuously improve this process, we have already identified many of the issues highlighted by the research.

Recent action taken to improve the quality of decision making includes:

Professor Harrington has discussed the research, its findings and our response in detail with DWP Operations. We look forward to building on the improvements in the WCA process noted in the 2011 review.

Series: Research reports from 2010 onwards

Report 2014-ECSS:

Research on understanding long term sickness absence, with Employment Support Allowance (ESA) claimants

The DWP has commissioned IFF Research to conduct a large-scale survey (alongside a series of case studies) of new ESA claimants with a recent history of working to gain more insight into how different sick pay arrangements affect the journey from work to long-term sickness benefits.  There is a particular interest in the group of ESA claimants who move from employment to ESA without an intervening period of sick pay.

Previous surveys (such as the Routes onto ESA survey published in November 2011) have shown that more than a half of those moving from employment onto ESA do so without an intervening period of sickness absence.  While individuals are on sick leave, they still have a link to their job – an appropriate intervention at this point has the potential to help these individuals return to work much more quickly than when they have left their job and are claiming ESA.  There is a need to understand the reasons why this window does not exist for some individuals.

The research involves a telephone survey of a sample of 3,300 recent claimants of ESA who had been employed within the previous 12 months, in addition to case studies with 22 employers.

This survey is designed to address issues such as:

The research is expected to be published in autumn 2014.

Report 2015-ECSS:

Research report: Understanding the journeys from work to Employment and Support Allowance (ESA), June 2015.

By Lorna Adams, Katie Oldfield, Catherine Riley, Becky Duncan and Christabel Downing (IFF Research)

Visit: https://www.gov.uk/government/publications/understanding-the-journeys-from-work-to-employment-and-support-allowance

Summary: The purpose of this research was to strengthen the evidence base on the journeys from work to making a claim for ESA.

The 2011 Independent Review of Sickness Absence  (commissioned by the DWP) examined how to prevent job loss due to ill health and reduce associated costs. The review recommended further investigation to understand why some individuals move straight from work to ESA with no sickness absence first, and identifying for who this is most likely. This research aims to identify:

§  those most at risk of health related job loss;

§  how employment characteristics (and other factors) influence whether an individual has access to, and takes up, sickness absence; and

§  the support currently available from employers, including sickness absence (for example, if/why some employers don’t pay Statutory Sick Pay/Occupational Sick Pay).

Method: This research excludes those workers who have not worked for the last 12 months before submitting their ESA claim, the self employed, unless on contract or with an employment agency, and those whose claims are rejected. The research comprised:

Findings: The findings from this research will inform measures to prevent people from falling out of work due to ill health. Key findings were:

Report 2015-ECSS:

Employment and Support Allowance Testing

The DWP is undertaking a number of trials and proofs of concepts, to help the Department understand ‘what works’ at each stage of the ESA process.

Testing currently underway includes:

-       ESA 18-24 Month Prognosis Pilots – testing approaches to providing increased support to WRAG ESA claimants who have an 18-24 month prognosis (See attached memo detailing trial aims: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/269256/work-programme-memo-141.pdf)

-       IAPT (Increased Access to Psychological Therapies) – a number of trials (in partnership with Department for Health) testing approaches to increasing access to psychological therapies (for findings from one of the completed trials, see above: An Evaluation of the ‘IPS in IAPT’ Psychological Wellbeing and Work Feasibility pilot).

The Department is also looking to develop further tests, focussing on the following key areas for evidence:

Report 2015-ECSS:

Understanding the Journeys from Work to Employment and Support Allowance (ESA)

This research helps us to understand how people move from work to claiming Employment and Support Allowance (ESA).

Key findings:

·         Of those in work immediately before their ESA claim, 29 per cent moved straight from work to claiming ESA without any period of sickness absence.

·         Those most at risk of leaving work without a period of sickness absence were: on a casual or agency contract; new to their job or part-time workers.

·         Those with mental health conditions were: less likely to have discussed their condition with their employer or to find adjustments helpful; and more likely to feel employers had not been supportive.

For the full report visit: https://www.gov.uk/government/publications/understanding-the-journeys-from-work-to-employment-and-support-allowance

Report 2016-ECSS, Report 2016-C102:

·         Routes onto Employment and Support Allowance (published in 2010)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214556/rrep774.pdf

·         Employment and Support Allowance: Customer and staff experiences of the face-to-face Work Capability Assessment and Work-Focused Health-Related Assessment (published in 2010)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214494/rrep719.pdf

·         Employment and Support Allowance: Findings from a follow-up survey with customers (published in 2011)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214519/rrep745.pdf

·         Decision making on Employment and Support Allowance claims (published in 2012)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214575/rrep788.pdf

·         Understanding the journeys from work to Employment and Support Allowance (ESA) (published in 2015)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/436420/rr902-understanding-journeys-from-work-to-esa.pdf

d)      Work Capability Assessment

Report 2014-ECSS:

Dr Paul Litchfield was appointed on 26th February 2013 to carry out the fourth independent review of the WCA, following three previous independent reviews carried out by Professor Malcolm Harrington.  Dr Litchfield is Chief Medical Officer and Director of Health, Safety and Wellbeing for BT, a Fellow of the Royal College of Physicians and the Faculty of Occupational Medicine.  Dr Litchfield’s Independent Review of the Work Capability Assessment[62] was published In December 2013.

This fourth Independent Review made 32 recommendations to the DWP to improve the WCA, and 5 further recommendations to the Department for Social Development in Northern Ireland.  The recommendations focused predominantly on: the effectiveness of the WCA; simplifying the process; improving decision-making; and mental health.

The Government’s response was published on 27 March 2014[63] - in this the Government accepts, or accepts with certain caveats, all but one of the 32recommendations falling within the scope of DWP.

Dr Litchfield will continue in his role as Independent Reviewer for the fifth and final statutory review of the WCA.  On 10th June 2014, as part of the fifth review, the Department published a formal call for evidence[64] which will run until 15th August 2014. 

This year’s call for evidence focuses on the impact of previous reviews, seeks new evidence about the ESA Work-Related Activity Group and Support Group, and individuals’ experience of the Work Capability Assessment process.  There is also a focus on people who have mental health conditions or learning disabilities.

Dr Litchfield will present his report to the Department before the end of 2014.

Report 2015-ECSS:

The fifth, and final, annual independent review of the WCA, as required by Section 10 of the Welfare Reform Act 2007[65], was carried out by Dr Paul Litchfield and published on 27th November 2014[66].

This fifth Independent Review made 28 recommendations to the DWP, and 5 further recommendations to the Department for Social Development in Northern Ireland.  The recommendations focused predominantly on: the nature of the assessment; a focus on claimants with learning disabilities; and the increase in people currently assigned to the Support Group.

The Government’s response was published on 27th February 2015[67]- in this the Government accepted all but two of the 28 recommendations falling within the scope of DWP.

Incapacity Benefit Reassessment

The Department for Work and Pensions (DWP) is continuing the reassessment of existing Incapacity Benefit claimants to identify eligibility for Employment and Support Allowance or fitness for work. 

The DWP originally expected to re-assess around 1.5 million cases by April 2014.  Latest figures show around 1.4 million cases were completed by September 2014[68].  This is because the number of cases being referred for reassessment was reduced in the late summer 2013 to concentrate resources on dealing with assessments for new claims for Employment and Support Allowance.  The reassessment exercise is continuing with approximately 5,000 cases per month being referred.

Report 2016-ECSS, Report 2016-C102:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/331582/wca-evidence-based-review.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/70071/wca-review-2010.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/70102/wca-review-2011.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/70123/wca-review-2012.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265351/work-capability-assessment-year-4-paul-litchfield.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/380027/wca-fifth-independent-review.pdf

e)      Others:

Report 2012-ECSS:

Support for people with cancer

The DWP has carefully considered the position of people with a range of serious and life threatening illnesses – including cancer – in relation to the benefits system. Following an internal review changes have been made to the Work Capability Assessment so that more individuals awaiting, undergoing or between courses of certain chemotherapy treatments will automatically be placed in the Support Group without the need for an assessment. These individuals will therefore be protected and will not be affected by time-limiting.

Additionally, Professor Harrington, as part of his second Independent Review, asked Macmillan Cancer Support to look into how the Work Capability Assessment assesses people with cancer to provide to him with any recommendations for further improvements.

The DWP accepts the evidence presented by Macmillan that the effects of oral chemotherapy can be as debilitating as other types of chemotherapy. The evidence also shows that certain types of radiotherapy and in particular of combined chemo-irradiation can be equally debilitating. As a result of the evidence supplied by Macmillan the DWP has developed detailed proposals for changing the way we assess individuals being treated for cancer.

If introduced, these proposals would increase the number of individuals being treated for cancer going into the Support Group. They would also reduce the number of face-to-face assessments for people being treated for cancer as most assessments could be done on a paper basis, based on evidence presented by a GP or treating healthcare professional.

The DWP has been seeking a wide range of views on the proposed changes through an informal consultation. This was to gather views of interested stakeholders, including individuals affected by cancer, their families and carers, healthcare practitioners and cancer specialists as well as representative groups and other lobby groups.

The DWP conducted an informal consultation, which ran from 16 December 2011 until 9 March 2012. DWP is now analysing the responses and evidence received. It will then publish a response document in spring 2012. This document will set out the evidence received and announce any proposals for changing the way in which the Work Capability Assessment assesses the effects of cancer treatment.

Report 2013-ECSS:

General Practitioners’ attitudes towards patients’ health and work, 2010 to 2012 (RR 835)

https://www.gov.uk/government/publications/general-practitioners-attitudes-towards-patients-health-and-work-2010-to-2012-rr-835

Published: 1 April 2013

Summary: In ‘Improving health and work: changing lives’, the government’s response to Dame Carol Black’s Review of the health of Britain’s working-age population, the government committed to monitor a suite of indicators including GPs’ perceptions about the importance of health to work (and vice versa) and the extent to which GPs view helping people to return to work as a measure of success.

This report covers findings from the 2012 survey of GPs’ attitudes, knowledge and reported behaviour towards patients’ health and work. It reassesses these GPs’ attitudes and compares them with those established in the baseline survey published in 2011. Both surveys were made up of the same 19 questions around GPs’ attitudes to patients’ health and work. The intended purposes are to continue to measure progress against the health, work and wellbeing agenda and, as part of the larger programme of work, to assess the overall effectiveness of the fit note. The survey was administered by post to a randomly selected sample of GPs from England, Wales and Scotland between September 2012 and November 2012. These questions were included in the seventh national General Practitioner Worklife survey.

Many of the findings of the 2012 survey re-iterate those of the baseline survey conducted in 2010. Generally, GPs see themselves as having an important role in promoting the health benefits of work and fit notes increasingly help them to fulfil this role.

Other forthcoming research on the fit note is underway that directly looks at fit note practice (rather than attitudes to) as recorded in 58,695 fit notes issued at 49 practices (Shiels et al. (2013, forthcoming). Evaluation of the Statement of Fitness for Work (fit note): quantitative survey of fit notes); and research that explores how helpful the fit note has been from the employee’s perspective and the reported dialogue with their GP (Victoria Chenery (2013, forthcoming). An evaluation of the Statement of Fitness for Work (fit note): survey of employees).

Series: Research reports from 2010 onwards

General Practitioners’ perceptions of potential services to help employees on sick leave return to work (RR820)

https://www.gov.uk/government/publications/gps-perceptions-of-potential-services-to-help-employees-on-sick-leave-return-to-work-rr820

Published: 1 November 2012

Summary: This qualitative research explored General Practitioners’ views of a possible new support service to help employed people who are off sick from work to return to work quickly and prevent them from falling out of paid employment. Six focus groups took place in August and September 2012 and a total of 39 GPs took part.

The Independent Review of Sickness Absence (Black and Frost, 2011) recommended development of this type of service and this research aimed to inform the Government’s consideration of the recommendation. The Government is in the final stages of preparing its Response and will publish shortly.

Other research has shown that many employees of smaller firms do not have access to occupational health advice. One in 10 small employers provided employees with access to occupational health services in the previous year, compared to eight in 10 large employers.

  1. Black, C., Frost, D. (2011) Health and work - an independent review of sickness absence. HMSO. May 2012
  2. Young, V. and Bhaumik, C. (2011) Health and well-being at work: a survey of employers.

Series: Research reports from 2010 onwards

Report 2014-ECSS:

Research Report: Telephonic support to facilitate return to work: what works, how, and when?

https://www.gov.uk/government/publications/telephonic-support-to-facilitate-return-to-work-what-works-how-and-when-rr853

By Kim Burton, Nick Kendall, Serena McCluskey, Pauline Dibben - 6th December 2013

Summary: Great Britain loses around 140 million working days due to sickness absence per year. This results in an estimated cost of £9bn to employers, £4bn to individuals and £2bn to Government. (The Department for Work and Pensions, 2011).

Long-term sickness absences of four weeks or longer make up almost half of the total number of working days lost. There is also an impact on the Department. Research suggests that 51% of people claiming ESA were in paid work immediately before making their claim.

In 2011 Government commissioned Dame Carol Black and David Frost to conduct an independent review of sickness absence which made various recommendations. The Government’s response to the review ‘Fitness for Work’ was published in January 2013.

One of the recommendations, which was agreed, is the creation of a ‘Health and Work Assessment and Advisory Service’, now called the Health and Work Service (HWS).

The HWS will make independent expert health and work advice more widely available to GPs, employees, and employers.  It is due to be introduced late in 2014.

The intention is to give employees, employers and GPs better access to OH advice, help. employees who have been absent from work for around 4 weeks due to sickness to return to work; give GPs access to work-related health support for their patients; and support employers to better manage sickness absence.

Advice and assessment are the two aspects to the Service, the assessment will:

There will be different levels of service available to the employee, dependent on the level of need. These will include, amongst other things: an initial (phone) assessment.

Telephonic contact is an attractive approach for the HWS with the potential to provide targeted delivery but there are still questions over its safety, effectiveness, acceptability and relative costs that this research explores. In particular, the findings of the research can inform the design approach to occupational health assessment and support in the planned new HWS.

Using a best evidence synthesis, high-level evidence statements were developed and linked to the supporting evidence, which was graded to indicate the level of support. The evidence statements were organised to cover four pertinent areas of telephonic support: assessment and triage; case management; information and advice; and return to work.

The evidence on important aspects of implementation were also explored (e.g. safety, acceptability, timing, cost-benefits and required skills).

Recognising that the academic literature on the topic was limited, documentary evidence was also sought from professional practice and grey literature sources.

Report 2016-ECSS, Report 2016-C102:

A survey of disabled working age benefit claimants

https://www.gov.uk/government/publications/a-survey-of-disabled-working-age-benefit-claimants-ihr16

This report presents findings from a survey of disabled claimants of working age benefits.  The research was commissioned in May 2013 to inform the Disability and Health Employment Strategy.  The research was conducted to investigate disabled claimants’ current circumstances, health conditions and attitudes towards work.

The research was conducted by Ipsos MORI using members of their established online survey panel. In total 1349 disabled claimants of Jobseeker’s Allowance, Employment and Support Allowance and Incapacity Benefit completed the online survey between 7th May and 13th May 2013.

The key objectives of the research were to gather information from disabled benefit claimants on:

The survey was designed as a snapshot data collection exercise. It was not designed to be comparable with other surveys of disabled benefit claimants, due to differences in methodology.

Findings from the survey were used in the development of the Disability and Health Employment Strategy[69], published in December 2013.

A survey of disabled working age benefit claimants (published in 2013)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/224543/ihr_16_v2.pdf

Report 2015-ECSS:

Work Programme

DWP is carrying out an evaluation of the Work Programme, which assesses participants’ experiences and outcomes.  Findings will be published when complete.

Report 2015-ECSS:

An Evaluation of the ‘Individual Placement and Support (IPS) in Increased Access to Psychological Therapies (IAPT)’ Psychological Wellbeing and Work Feasibility pilot (March 2015)

By Karen Steadman, Rosemary Thomas (Work Foundation, commissioned by Department for Health, in partnership with the Department for Work and Pensions)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415177/IPS_in_IAPT_Report.pdf

Summary: This report is an evaluation of a pilot service which provided embedded vocational support, based on the Individual Placement and Support (IPS) model, into the Increasing Access to Psychological Therapies (IAPT) programme.

This was one of four pilots commissioned by Department of Health (DH) and Department for Work and Pensions (DWP), informed by the 2014 report by RAND Europe on Psychological Wellbeing and Work: Improving Service Provision and Outcomes. These small-scale, feasibility pilots and their evaluations were to test the design detail of the models proposed, methods of tracking findings and the initial effects. In particular they were designed to test which type of increased support best improves service users likelihood of moving closer to work or into work, as well as highlighting any health and wellbeing outcomes.

Method: Research was undertaken with IPS employment specialists, service managers, Jobcentre Plus (JCP) ESA (ESA) Work Coaches, and service users – made up of specified groups of ESA JCP clients. Information on service usage, and health and employment measures was also collected from service users who consented to participate in the evaluation.

Findings: Across the different participant groups, and across the pilot sites, there was considerable positivity about the IPS and IAPT service, including in those sites that did not already have a similar service in place. Fifteen service users found paid employment, and many other service users achieved other employment-related outcomes, and experienced an increase in health and wellbeing, and job search self-efficacy.

However, there was considerable variation as to how well sites performed, with some sites struggling to get referrals, and high drop-out levels.

Annex 2. Additional information reported on Part IV. Unemployment Benefit

Northern Ireland. Client Offer

Report 2015-ECSS:

Employment Service Client Offer provides an all age range of work focused provision and support delivered by frontline staff to assist clients to move towards and into employment. This support includes work focused interventions delivered by skilled Employment Service staff and tailored to individual customer needs.  A comprehensive toolkit of work focused programmes and training is offered with financial assistance and signposting to external support also available. A Jobclub service is also available for clients who require a more intensive intervention and support in preparing for and moving towards work.

The Customer Journey for Jobseeker’s Allowance clients is in preparation for the introduction of Universal Credit. 

The core interventions for those claiming Jobseeker’s Allowance comprises a series of face to face meetings as follows:

At the Fresh claim stage, an Initial Work focused Interview is carried out by an Employment Service (ES) Adviser and, in addition to the Jobseeker’s Agreement, includes a diagnostic (evidence based) assessment and the completion of an agreed Action Plan.  The Adviser uses a ‘Work Readiness Toolkit’ based on a Red, Amber, Green (RAG) assessment to measure a client’s distance from employment and enables an Adviser to tailor the service to meet a client's needs. 

 Subsequent Review Meetings are determined by the Adviser diagnosis and decisions regarding the timing of these flexible interventions are driven entirely by what is needed to ensure that a client moves into work as quickly as possible.

 Fortnightly Jobsearch Reviews are completed by ES Officers to determine if Labour Market Conditionality has been met and will also reflect the discussion with a client to show progression in skills development or jobsearch activity. This facilitates the monitoring of client progress towards moving into employment.

Steps 2 Success

The Department for Employment and Learning introduced the Steps 2 Success (S2S) programme to replace the Steps to Work Programme as the Department’s main employment programme for unemployed people. The contracts to deliver S2S in the three contract areas were awarded in July 2014 and the programme became operational on 20 October 2014.

S2S has been designed to offer an individualised service to each participant. The contractor agrees a Progression to Employment Plan (PEP) with each individual which outlines what each must do to improve the participant’ s employability and to find and keep employment. The PEP is updated on a regular basis to take account of the participant’s progression.

The level of service to all participants is defined in a Service Guarantee which details the minimum level of service that each participant will receive.

To date there have not been any official statistics published on the performance of S2S. The contractors have been set challenging targets above the actual performance achieved in the Steps to Work Programme.

Steps to Work

Report 2014-ECSS:

Steps to Work (StW), is the Department for Employment and Learning’s main adult return to work programme.  The programme is available to anyone who is aged 18 years or over (aged 16 or over in the case of a lone parent) who is unemployed or economically inactive with the aim of assisting them find and remain in employment.

The StW programme provides a flexible, individually tailored programme of support which includes help with developing the skills needed to search for employment, opportunities to gain a work related qualification, work experience placements and support for those wishing to enter self-employment.  Assistance with improving essential skills in literacy, numeracy and ICT is also available while employers who recruit StW participants for job vacancies may avail of a subsidy.

Between the programme launch in September 2008 and 31 March 2013 (the latest date for which statistics are available) from a total of 98,755 participants leaving the programme 34,935 (35%) had an immediate destination of unsubsidised employment of which 16,220 (56%) were young people under 25 years of age.

Of the 98,755 participants leaving the programme 46,630 (47%) were young people under 25 years of age of which 19,060 (41% ) had an immediate destination of unsubsidised employment.. 

The Steps to Work programme, in its current format ended in May 2014. Interim arrangements are in place to ensure those who are out of work are able to access provision in the period between Steps to Work ending and the introduction of a new employment programme Steps 2 Success.

The Northern Ireland Executive Economy & Jobs Initiative

As part of the NI Executive’s Economy and Jobs Initiative, announced in November 2012, two additional employment strands, First Start and Step Ahead 50+, were added to the StW programme.

First Start, introduced in November 2012, aims to assist young unemployed people, aged 18-24 years old, find and sustain employment.  First Start will provide supported employment, for up to 26 weeks, for a total of 1,700 young people before the end of the 2014/2015 financial year.  By 31 December 2013 (the latest date for which statistics are available) 915 young people  availed of the initiative.

Step Ahead 50+, introduced in January 2013, offers temporary jobs for up to 26 weeks for those aged 50 years or over who have been unemployed for at least 12 months.  Step Ahead 50+ will support a total of 1,100 jobs before the end of the 2014/2015 financial year.  By 31 December 2013 (the latest date for which statistics are available) 715  long term unemployed people availed of the fixed term  employment opportunities through the Step Ahead 50+ initiative.

In addition the Economy and Jobs Initiative provided funding for 500 work experience opportunities for the unemployed within the wider public sector by 2014/2015.

Local Employment Intermediary Service (LEMIS)

Report 2015-ECSS:

The Local Employment Intermediary Service (LEMIS) was a community employment initiative designed to help the “hardest to reach” in targeted areas find employment.  The service was provided by local community employment organisations in Belfast, Londonderry, Strabane, Newry and Mourne, Moyle and Cookstown, all of which were areas identified by the Noble Indices of Multiple Deprivation as having high levels of deprivation and unemployment in Northern Ireland.

LEMIS 2 contracts operated from April 2011 to March 2015. Funding for the continuation of a LEMIS Plus programme has been applied for through the new NI European Social Fund (ESF) Investment for Growth & Jobs Programme (under Priority 1 – Access to employment for job- seekers, including the long-term unemployed and people far from the labour market  - Thematic Objective 8- Promoting sustainable and quality employment and supporting labour mobility)  from April 2015 to March 2018.

A full Evaluation of the Pathways to Success NI Strategy was carried out by the Centre for Economic and Social Inclusion with a final report being submitted in March 2015. Some key strengths of LEMIS were detailed as; 7,127 individuals have received support through LEMIS between 2011 and 2014, with 5,575 recorded as having left support.  Of these, 1,318 are recorded as having entered full-time (FT) employment.  This is equivalent to 18% of all participants, or 24% of those recorded as leaving the programme.

Community Family Support Programme (CFSP)

Report 2014-ECSS:

The Community Family Support Programme (CFSP) is a ‘Pathways to Success’ initiative and a Delivering Social Change signature project entitled ‘Pathways to Employment for Young People’. The programme has been designed to help families make life changing decisions to enhance their prospects and become full participants in society.

The CFSP supports families with a high level of need to develop their capacity to reach their full potential by addressing the health, social, economic, educational, employment and training issues that impact on their daily lives.

The 26 week programme also aims to prevent young people falling into the NEET category and help other young people who find themselves in this situation to re-engage with education, training or employment.

The programme is targeted at families with post primary school children, primarily with children and young people aged 14 – 18 years.

Report 2015-ECSS:

The target audience includes:

·         NEETs (16 – 24 years);

·         Families of NEETS – with children 13 to 16 years that have the potential of becoming NEETs and 25+ family members that are unemployed / economically inactive;

·         Health & Social Care Trusts’ staff working with families;

·         Community and Voluntary Sector Organisations working with families;

·         Multi Agency Outcomes Group (Statuary and Voluntary organisations);

·         Schools / Careers Service NI / Education & Library Boards;

·         Family Support Hubs; and

·         the Youth Justice Agency.

The three components of the programme would be to provide:-

·         an employability mentoring support service to address family members(of 16+years) educational, employment and training needs;

·         a family support and referral service to address family members’ health, social and economic needs; and

·         a mentoring support service to address family members  aged 13 to 16 educational needs to help prevent them falling into the NEET category.

Communication Objectives:-

·         To raise awareness to target audience in 6 contract areas in NI and seek referrals to the programme; and

·         To have a minimum of 780 NEETs / families per year (a minimum 130 NEETs/ families in each contract area) participating on the programme.

Parents of children and young people

Report 2014-ECSS:

Professional support workers engage and consult with parents of children and young people to promote early intervention and high quality parenting and to identify solutions to address their specific needs.

Families get help to tackle a range of issues and receive support to improve parenting skills. Children receive support for needs they may have including additional help with essential skills, numeracy, literacy, problem solving and ICT. Help and support for social and economic issues e.g. health, housing, money management, alcohol and drugs misuse also feature in the support package. Everyone of working age also gets help to develop skills to find work.

The programme provides one to one employment advice and mentoring to family members and supports them with job search, CV writing, interview techniques and presentation skills.

The CFSP providers work closely and in partnership with other stakeholders to ensure families receive the support they need and if appropriate help from specialist organisations.

Building on the success of a 44 families CFSP pilot delivered from January to June 2013 the programme was up-scaled in November 2014 and will support 720 families throughout Northern Ireland to March 2015.

The CFSP is delivered in 5 contract areas across NI that mirror the Health and Social Care Trust Areas.

Research papers

Report 2012-ECSS:

RR 791 Destinations of Jobseeker’s Allowance, Income Support and Employment and Support Allowance Leavers, 2011

by Lorna Adams, Katie Oldfield, Catherine Riley and Andrew Skone James

This report details findings from a study conducted to explore the destinations of a cohort of individuals who ended a claim for Jobseekers Allowance (JSA), Income Support (IS) and Employment and Support Allowance (ESA). This study aimed to provide the best possible estimate of the immediate and substantive destinations of leavers from JSA, IS and ESA benefit groups. The study explores movement into paid employment and the sustainability of this employment for each benefit group; movement onto and between different out-of-work benefits; and other reasons for ending a benefit claim. Information on leavers’ salaries and number of hours worked was also collected. February 2012 - ISBN 978-1-908523-52-5

http://research.dwp.gov.uk/asd/asd5/rports2011-2012/rrep791.pdf

Report 2013-ECSS:

The Jobcentre Plus Offer: Findings from the first year of the evaluation (RR814)

https://www.gov.uk/government/publications/the-jobcentre-plus-offer-findings-from-the-first-year-of-the-evaluation-rr814

Published: 1 November 2012

Summary:       This mixed-method research study considered the implementation and delivery of the Jobcentre Plus Offer, as well as how it is being experienced by claimants during the early stages of their claim. The research took place throughout early 2012, following the introduction of the Offer in April 2011.

The research consisted of:

During the final year of the evaluation, follow up interviews will be carried out with survey participants as they flow off from the Offer, either into work, on to the Work Programme or another destination. A second wave of interviews will also be carried out within the case studies in early 2013. The final evaluation report will be published towards the end of 2013.

The evaluation was commissioned in late 2011. The Jobcentre Plus Offer introduced a new way of working for Jobcentre Plus districts and staff, involving a significant cultural change towards more flexibility and personalisation, and away from prescribed processes and activities. The evaluation was commissioned to consider the operation and effect of this new way of working on claimant outcomes. The Offer is underpinned by the new Performance Management Framework, which measures performance in terms of the number of claimants moving into work (and which is subject to a separate evaluation).

The Department for Work and Pensions has already used the research on the Jobcentre Plus Offer to help ensure that the Offer successfully delivers to all claimants. This includes:

The evaluation will be conducted over two years by TNS-BMRB and this report covers the findings from the first year of the study.

Series: Research reports from 2010 onwards

Report 2015-ECSS:

Day One Support for Young People trailblazer

(27 November 2014)

The Day One Support for Young People (DOSfYP) Trailblazer was a European Social Fund (ESF)-funded1 mandatory programme designed to help young people aged 18 to 24 with less than six months’ work history get the skills and experience they need to help them move into employment.

Work Programme evaluation: 'day one mandation' of prison leavers

(18 December 2014)

Work Programme evaluation: operation of the commissioning model, finance and programme delivery

(18 December 2014)

Work Programme evaluation: participant experience

(18 December 2014)



[6]http://www.legislation.gov.uk/ukpga/2006/41/contents

[7] Where the text of the corresponding provisions of the ECSS and C102 has the same wording, the wording of C102 in taken as the basis, with eventual changes in the ECSS reproduced in brackets.

[9] http://www.england.nhs.uk/                      

[11] The structure of local government varies in England. In some areas there are two tiers with a County or Shire Council as the upper tier and a District, Borough or City Council as the lower tier. In other areas there is a single tier made up of a ‘Unitary Authority’. In London, each borough is a Unitary Administration with a status similar to that of Metropolitan Districts, with the London Assembly providing strategic, city-wide government.

[24] See under Part XI. Standards to be complied with by periodical payments.

[31] GHS is the General Household Survey, an annual cross-sectional survey of private households. It is not just about health, but it incorporates a EU-SILC harmonised general health question (and has done since 2005). The Continuous Household Survey (CHS) covers Northern Ireland.

[32] Cribb, J., C. Emmerson and G. Tetlow (2013), ‘Incentives, shocks or signals: labour supply effects of increasing the female state pension age in the UK’, IFS Working Paper, W13/03. Available at: http://www.ifs.org.uk/publications/6622

Cribb, J., C. Emmerson and G. Tetlow (2014), ‘Labour supply effects of increasing the female state pension age in the UK from age 60 to 62’, IFS Working Paper, W13/03. Available at: http://www.ifs.org.uk/uploads/publications/wps/wp201419.pdf

[36] Rüdiger Stilz, Adrian Baker. Assessing disablement under the IIDB scheme – a critical review and international comparison. A research report prepared for the Industrial Injuries Advisory Council (IIAC).

 June 2014.

URL:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/387475/Assessing_Disablement_IIDB_Report-V2.1.pdf

[37] Report by the Industrial Injuries Advisory Council in accordance with Section 171 of the Social Security Administration Act 1992 reviewing the role of rebuttal in claims assessment and its relation to presumption that a disease is due to the nature of employment for the purposes of the Industrial Injuries Scheme. Presented to Parliament by the Secretary of State for Work and Pensions By Command of Her Majesty. March 2015.

[38] Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985, Schedule 1.

[41] The baby element component was abolished from April 2011.

[42] For those entitled to the Child Tax Credit, the award is reduced only down to the family element less the excess of income over the second threshold multiplied by the second withdrawal rate.

[43] The amount of increase in income disregarded in the calculation of Tax Credit awards has been reduced from £10,000 to £5,000 in April 2013.

[49] The change in average weekly earnings to July each year as measured by the Average Weekly Earnings series (ONS data series KAC3 for July 2014).