Consolidated Report on the application by the United Kingdom on ILO Conventions Nos 12, 17, 19, 24, 25, 42, 102 & the European Code of Social Security, 2020

Part I. General provisions

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

§ Articles 1-6 C102

§ Articles 1-6 ECSS

LEGISLATION

Great Britain and Northern Ireland: 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.

Universal Credit Northern Ireland Flexibilities: During discussions on the implementation of Universal Credit (UC) in Northern Ireland, the then Minister for Social Development secured payment flexibilities under Universal Credit for NI claimants. It was agreed that: (1) twice monthly payments will be available to all households as the default, with monthly payments available on request; and (ii) managed payment of the housing element of Universal Credit direct to the landlord will be available to all, with a direct payment to the household available on request to those who meet the criteria.

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].

Scotland: Competence for the administration of eleven UK social security benefits, approximately 15 per cent of the UK’s total social security spending, was devolved to Scottish Ministers by the Scotland Act 2016. The Social Security (Scotland) Act 2018 (‘the Act’), received Royal Assent on 1 June 2018 and is the statutory framework under which regulations for each devolved form of assistance will be made. The Act also confers a power on Scottish Ministers to ‘top up’ benefits reserved to the UK. Details provided by the Scottish Government are included in Annex 1 of this report.

Wales: Social Security is not devolved to the Welsh Government.

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

· Pensions Act (Northern Ireland) 2012

http://www.legislation.gov.uk/nia/2012/3/pdfs/nia_20120003_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

2015

Welfare Reform (Northern Ireland) Order 2015

http://www.legislation.gov.uk/nisi/2015/2006/pdfs/uksi_20152006_en.pdf

2016

Welfare Reform and Work Act 2016
http://www.legislation.gov.uk/ukpga/2016/7/pdfs/ukpga_20160007_en.pdf
Welfare Reform and Work (Northern Ireland) Order 2016

http://www.legislation.gov.uk/nisi/2016/999/pdfs/uksi_20160999_en.pdf

· Pensions Act (Northern Ireland) 2015

· http://www.legislation.gov.uk/nia/2015/5/pdfs/nia_20150005_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 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 are of relevance to 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

· Jobseeker’s 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

· The Jobseeker’s Allowance Regulations (Northern Ireland) 2016 (SR 2016 No. 218)

2017

· The Social Security Benefits Up-rating Order (Northern Ireland) 2017 (SR 2017 No. 56)

· The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (SI 2017 No 329)

· The Social Security (Infected Blood and Thalidomide) Regulations 2017 (SI 2017 No 870, NI Equivalent SR 2017 No 219)

2018

· The Social Security Benefits Up-rating Order (Northern Ireland) 2018 (SR 2018 No. 58)

· The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018 No 187)

· The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018 No. 209)

· The Social Security (Treatment of Arrears of Benefit) Regulations 2018 (SI 2018 No 932)

2019

· Agricultural Wages (Wales) Order 2019 (SI 2019 No 511 (W 118))

· The Universal Credit (Transitional Provisions) (SDP Gateway) (Amendment) Regulations (Northern Ireland) 2019 (SR 2019 No. 2)

· The Universal Credit (Restrictions on Amounts for Children and Qualifying Young Persons) (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2019 (SR 2019 No. 3)

· The Social Security Benefits Up-rating Order (Northern Ireland) 2019 (SR 2019 No. 58)

2020

· The Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 {SI 2020 No 289]

· The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2020 [SI 2020 No 102]

· The Housing Benefit (Transitional Provision) (Amendment) Regulations 2020 [SI 2020 No 288]

Part II. Medical Care

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

Information provided below applies across Great Britain and Northern Ireland, except in instances where it is indicated that Scotland has different legislation or policies in place. Information on Scotland-specific provisions that relate to the Consolidated Report is included in annex 1 of this report.

List of applicable legislation

· National Health Service Act 2006[5]

· Health and Social Care Act 2012^{^[6]}

· The Care Act 2014[7]

II – 1. Regulatory framework

Article 7. C102 and ECSS

Each Member (Contracting Party)[8] 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.

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

Secretary of State

The Secretary of State for Health and Social Care 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 and Social Care 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/her 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 and Social Care

The Department of Health and Social Care’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 and Social Care is responsible for strategic leadership of both the health and social care systems.

NHS England is an executive non-departmental public body, sponsored by the Department of Health and Social Care.

The Care Act

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

· social care legislation - delivering the Dilnot funding reforms, came 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^{^[9]} 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.

II - 2. Contingencies covered

Article 8. C102 and ECSS

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

The NHS Constitution[10] 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.

NHS Constitution: ‘The service is designed to improve, prevent, diagnose and treat both physical and mental health problems with equal regard. It has a duty to each and every individual that it serves and must respect their human rights. At the same time, it has a wider social duty to promote equality through the services it provides and to pay particular attention to groups or sections of society where improvements in health and life expectancy are not keeping pace with the rest of the population.’

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.

The NHS provides a comprehensive service, available to all.

Access to NHS services is based on clinical need, not an individual’s ability to pay. NHS services are free of charge, except in limited circumstances sanctioned by Parliament.

GP and nurse consultations in primary care, treatment provided by a GP and other primary care services are free of charge to all, whether registering as an NHS patient, or as a temporary patient, which is when the patient is in the area for more than 24 hours and less than 3 months.

For secondary care services, the UK’s healthcare system is a residence-based one, which means entitlement to free healthcare is based on living lawfully in the UK on a properly settled basis for the time being.

The measure of residence that the UK uses to determine entitlement to free NHS healthcare is known as ‘ordinary residence’. This requires non-EEA nationals subject to immigration control to also have the immigration status of indefinite leave to remain.

Individuals who are not ordinarily resident in the UK may be required to pay for their care when they are in England. However, some services and some individuals are exempt from payment.

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;

(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 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 either by medical practitioners or by qualified midwives; and

(ii) hospitalisation where necessary.

Information on NHS services:

· Primary Care (including general practitioner care): https://www.england.nhs.uk/primary-care/

· Urgent and Emergency Care: https://www.england.nhs.uk/urgent-emergency-care/Hospital services: https://www.nhs.uk/using-the-nhs/nhs-services/hospitals/

· Pharmacies: https://www.nhs.uk/using-the-nhs/nhs-services/pharmacies/

· Maternity care: https://www.nhs.uk/conditions/pregnancy-and-baby/antenatal-midwife-care-pregnant/

· Postnatal care: https://www.nhs.uk/conditions/pregnancy-and-baby/you-and-your-baby-postnatal-period/

Statistics

Details of Statistics & data collections can be viewed via the following link:

https://digital.nhs.uk/data-and-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

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 places a duty on the Secretary of State with regard to maternity care, this legislation covers pre-natal, confinement and postnatal care.

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/

II - 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.

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.

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.

Ordinarily resident

For the purpose of eligibility to free NHS hospital treatment, being Ordinarily Resident means: An individual living lawfully in the United Kingdom voluntarily and for settled purposes as part of the regular order of their life for the time being, whether of short or long duration. Non-EEA nationals who are subject to immigration control must additionally have indefinite leave to remain (ILR) in the UK in order to be ordinarily resident in the UK.

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 charging bands for NHS dental treatment in England delivered in primary care (high street dentists and community dental services) – Band A - £22.70, Band B - £62.10 or Band C - £269.30 depending on treatment required.

There is no charge for NHS dental treatment 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; or 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, Universal Credit or Pension Credit Guarantee Credit;

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

· Adults on a low income may be able to get help with the cost of treatment through the NHS Low Income Scheme

In patients receiving dental treatment in an NHS hospital from the hospital dentist are exempt from dental charges. Patients receiving outpatient care from a hospital dentist are exempt from the standard NHS dental charges but charges may be applied for dental appliances such as dentures.

In Wales the three equivalent standard charging bands for the 2020/21 financial year are as follows: Band A - £14.70, Band B - £47.00 and Band C - £203.00. There are also additional exemptions for those people under 25 years of age or over 60 years of age to receive a free dental check-up.

Pharmaceutical products

Charge of GBP 9.15 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 105.90 (England) for one year and GBP 29.65 (England) for 3 months.

There is no charge for the following exemption categories:

§ Age: A patient is entitled to a free NHS prescription if they are under 16, aged 16-18 and in full time education, aged 60 or over

§ Income-based benefits: a patient is entitled to free NHS prescriptions if they are included in award for income support, income-based jobseeker’s allowance, income-related employment and support allowance. If a patient is receiving one of these benefits, their partner and any dependent young people under 20 are also entitled to free NHS prescriptions.

§ Pension Credits: A patient is entitled to free NHS prescriptions if they or their partner receives Pension Credit Guarantee Credit or Pension Credit Guarantee Credit with Savings Credit.

§ Universal credit: To be entitled to claim help with their health costs, a patient must be receiving Universal Credit, either as a single person or as a member of a couple, and:

a) for the last complete assessment period the patient and their partner (if they have one) had either no earnings or net earnings of £435.00 or less. Or;

b) for the last complete assessment period a patient and their partner (if they have one) had either no earnings or net earnings of £935.00 or less and had a child element included in their award or had limited capability for work. A patient would also be entitled if they were a dependent child or qualifying young person of someone who meets specified criteria.

§ Tax credits: A patient is entitled to free NHS prescriptions if their annual family income used to work out their tax credits is £15,276 or less and they receive either child tax credit, working tax credit and child tax credit paid together or working tax credit including a disability element.

§ Pregnant women and those who have had a baby in the past 12 months

§ Low income (including students and pensioners): A patient can get free NHS prescriptions if they have a valid HC2 certificate. These certificates are issued to people who qualify for full help with health costs through the NHS Low Income Scheme.

§ People who receive war pension scheme or Armed Forces Compensation Scheme payments: A patient can get free NHS prescriptions if they have a valid war pension exemption certificate and their prescription is for their accepted disability.

There is no charge for a NHS prescription that has been prescribed by an NHS Wales healthcare professional and has been dispensed in Wales.

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 Jobseeker’s Allowance or Pension Credit Guarantee Credit or receiving Universal Credit or Tax Credits and meeting 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 NHS 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 but may be entitled to help with costs if in receipt of a HC3 partial help certificate

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.

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.

As stated above, the Department of Health and Social Care’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.

Introduction to the NHS Constitution:

‘The NHS belongs to the people.

It is there to improve our health and wellbeing, supporting us to keep mentally and physically well, to get better when we are ill and, when we cannot fully recover, to stay as well as we can to the end of our lives. It works at the limits of science – bringing the highest levels of human knowledge and skill to save lives and improve health. It touches our lives at times of basic human need, when care and compassion are what matter most.’

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

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 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.

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.

II - 9. Minimum duration of Benefit

Article 12. C102 and ECSS

The benefit specified in Article 10 shall be granted throughout the contingency covered, 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.

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.

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;

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. The UK system does not involve a periodical payment to cover treatment; treatment is free at the point of access. Furthermore, UK legislation does not make provision for suspension of medical services in the circumstances covered by the Code.

Non-Ordinarily Resident visitors, however, will be subject to a charge for NHS secondary care services, unless an exemption from a charge category applies to them or the treatment accessed. Where a charge applies, treatment that a clinician considers “non-urgent”, which means it should wait until the date at which the visitor can reasonably be expected to depart the UK, will be withheld unless payment is provided in full. Immediately necessary or urgent treatment which a clinician considers should not wait until the date the visitor can reasonably be expected to depart the UK will not be withheld even if payment is not provided. If an individual is entitled to NHS care, access to treatments will be subject to the treatments and services that 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.

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.

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.).

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-

The most up-to-date information on healthcare expenditure can be found here: https://www.ons.gov.uk/peoplepopulationandcommunity/healthandsocialcare/healthcaresystem/bulletins/ukhealthaccounts/2018#how-health-care-in-the-uk-is-financed

On 15 January, 2020, Secretary of State for Health and Social Care, Matt Hancock, introduced the NHS Long Term Plan Funding Bill to Parliament. The bill enshrines in law an extra £33.9 billion every year by 2024 for the NHS to transform care.

It includes a ‘double-lock’ commitment that places a legal duty on both the Secretary of State and the Treasury to uphold this minimum level of NHS revenue funding over the 4 years to 2024.

This announcement came on top of other pledges:

to build 40 new hospitals, backed by £2.8 billion
an extra £1.8 billion for capital spending, including £850 million for 20 hospital upgrades and urgent infrastructure projects
£450 million for new scanners and the latest in AI technology

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.

Information provided below applies across Great Britain and Northern Ireland, except in instances where it is indicated that Scotland has different legislation or policies in place. Information on all Scotland-specific provisions that relate to the Consolidated Report is included in annex 1 of this report.

List of applicable legislation

For a full list of legislation, see: https://www.legislation.gov.uk/uksi/social%20security

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

Universal Credit Regulations (Northern Ireland) 2016 and Welfare Reform and Work (Northern Ireland) Order 2016

http://www.legislation.gov.uk/nisr/2016/216/contents/made

http://www.legislation.gov.uk/nisi/2016/999/contents

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 income, 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-related 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 make 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.

Universal Credit Northern Ireland

Section 87 of the Northern Ireland Act 1998 (“the 1998” Act”) places a places a statutory duty on the Minister for Communities and the Secretary of State for Work and Pensions to consult with one another with a view to securing a single social security system for the United Kingdom. Section 88 of the 1998 Act makes provision for financial adjustments to support the maintenance of these parity arrangements.

Underpinning the parity principle is the argument that, as people in Northern Ireland pay the same rates of income tax and National Insurance contributions as people in Great Britain, they are entitled to the same rights and benefits paid at the same rate.

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.

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 income, 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

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. However, 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 qualifying age for Pension Credit is linked to the State Pension age for women. As the State Pension age for men and women equalised in December 2018, Pension Credit qualifying age is now the same for both genders. The Pension Credit qualifying age will continue to rise in line with the further State Pension age increases.

Before 15 May 2019, couples with one person above and one person below Pension Credit qualifying age (“mixed age couples”) were able to choose to claim either Pension Credit (and/or Housing Benefit for pensioners) or the appropriate working-age income-related benefit. From 15 May 2019 new claims for Pension Credit and Housing Benefit for pensioners are restricted to couples where both members are above the Pension Credit qualifying age. Mixed age couples who were already claiming Pension Credit and/or Housing Benefit for pensioners are not affected for as long as they remain entitled to either benefit. Accordingly, entitlement to Pension Credit may also still be granted to these couples if they are in receipt of pension age Housing Benefit and vice versa.

Those couples not eligible for these pensioner benefits may qualify for Universal Credit, subject to satisfying the capital, income and other entitlement conditions. Those couples not eligible for these pensioner benefits may qualify for Universal Credit, subject to satisfying the capital, income and other entitlement conditions. The upper age limit for Universal Credit will in such cases therefore be attained once both members of the couple have reached the qualifying age for Pension Credit. 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.

Mixed age couples are now able to qualify for Universal Credit if they meet the capital, income and other entitlement conditions. Universal Credit is designed to incentivise and reward paid work. Any Universal Credit work-related requirements will only apply to the partner below State Pension age.

The change to the eligibility conditions for mixed-age couples was enacted by paragraph 64 of Schedule 2 to the Welfare Reform Act 2012, and brought into force with effect from 15 May 2019 by the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019 (Statutory Instrument 2019 no. 37).

Corresponding Northern Ireland legislation is paragraph 53 of Schedule 2 to the Welfare Reform (Northern Ireland) Order 2015 and the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions and Commencement No. 8 and Transitional and Transitory Provisions (Amendment)) Order 2019 (SR 2019 No. 4).

Resident in Great Britain

Universal Credit is intended for people who are living in Great Britain. Except for certain limited categories of people, 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 working abroad, is to be treated as still resident for Universal Credit purposes. This includes ‘Crown Servants’ (UK Government workers) and members of the armed forces who are posted to work outside Great Britain, provided they were habitually resident in the UK before they were posted abroad.

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 or in the case of mariners and people working on continental shelf operations. During this time Universal Credit is payable as normal.

If one member of a couple is ineligible for Universal Credit because their immigration status means they cannot claim public funds, 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

The majority of people in full-time education are not entitled to Universal Credit. However, exceptions are made where students have additional needs that are not met through the student support system. Treatment of student income under Universal Credit broadly mirrors that in income-related Employment and Support Allowance, Housing Benefit, Income Support and income-based Jobseeker’s Allowance which safeguards fairness whilst also ensuring simplification of the benefit system.

A person in full time education can claim Universal Credit if they are:

• living with their partner and the partner is eligible for UC

• responsible for a child, either as a single person or as a couple if both are students.

• disabled and entitled to Attendance Allowance (AA) Disability Living Allowance (DLA), Personal Independence Payment (PIP) or Armed Forces Independence Payment (AFIP) and have limited capability for work

• in ‘non-advanced education’ (for example studying for A levels or a BTEC National Diploma), are 21 or under and don’t have parental support

Any student loan paid to meet living costs is subject to a £110 disregard in each Assessment Period, equivalent to that provided under Legacy Benefits. Any reduction is only for living costs as loans or grants for other things, such as tuition fees or books, are fully disregarded.

Claimant Commitment

All claimants make 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.

Restrictions on Entitlement

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.

2020 update

The Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020[11]. These Regulations provide that people who are infected or contaminated with Coronavirus disease, or in isolation in line with Government advice, or caring for a child or qualifying young person who is a member of the person's household and is infected or in isolation in line with Government advice, and who meet the standard conditions of entitlement, are treated as having limited capability for work. This means that they are not required to provide a fit note or undergo a Work Capability Assessment. These urgent Regulations were brought into force with immediate effect to provide immediate support for people following Government advice to isolate and are designed to remove the need for face-to-face contact with those who are self-isolating or who may have contracted the virus. These Regulations apply for 8 months from 13 March 2020.

III - 3. Persons protected

§1. Article 2. C24

The compulsory sickness insurance system shall apply to manual and non-manual workers, including apprentices, employed by industrial undertakings and commercial undertakings, out-workers and domestic servants.

§1. Article 2. C25

The compulsory sickness insurance system shall apply to manual and non-manual workers, including apprentices, employed by agricultural undertakings.

Article 15. C102 and ECSS

The persons protected shall comprise:

(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.

See under Part III - 2. Contingency covered

One of the main elements of the Welfare Reform Act 2012 was the introduction of Universal Credit (UC). The amount of UC depends on the level of income and other family circumstances. It has a simple structure designed to provide a basic income, with additional elements for children, disability, housing and caring. It is payable both in and out of work, and is replacing the following “existing/legacy benefits”: Working Tax Credit, Child Tax Credit, working-age Housing Benefit, Income Support, income-based Jobseeker’s Allowance (JSA) and income-related Employment and Support Allowance (ESA).

From 12 December 2018, following the roll-out of UC Full Service across Great Britain, the majority of claimants have been unable to make new claims for any of the benefits UC is replacing. Instead, if claimants want to access means-tested financial support, they normally have to make a claim for UC.

The following exceptions apply:

(a) before 1 February 2019, UC wasn’t available where a person wished to claim benefits for more than 2 children;

(b) no claim may be made for UC on or after 16 January 2019 by a single claimant who, or joint claimants either of whom (i) is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium, and (ii) in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium; and

(c) neither the legislation nor the UC platform currently permit claims from people who do not have a GB postcode, so if a “frontier worker” (i.e. a person who works in GB but lives in another country) attempts to claim UC, they are signposted to claim a legacy benefit instead.

People in receipt of income-related ESA, or income-based JSA at any time before UC became available in their particular area, will remain in receipt of these ‘legacy’ benefits, as long as they continue to meet the relevant conditions of entitlement, until their awards migrate to UC.

UC is not replacing two ‘legacy’ benefits: contribution-based JSA or contributory ESA. These remain and can be paid alongside or separately to UC where appropriate.

The following table summarises which claimant categories are eligible for which benefits:

Claimant category	Legacy (non-UC) or UC?	Legacy housing benefit or UC?
Above working age	N/A	Legacy housing benefit
Working age since before UC	Income-related ESA+JSA	Legacy housing benefit
Working age since start of UC	Contrib. ESA+JSA	UC
Working age since start of UC	UC	UC
Working age in temporary/ supported accommodation	UC	Legacy housing benefit

Legacy benefit changes (updates) since 1 July 2017:

Severe Disability Premium

The severe disability premium (SDP) is an additional component in legacy benefits (Income Support, income-based Jobseeker’s Allowance, Housing Benefit and income-related Employment and Support Allowance) to a claimant who is living alone (or treated as living alone), in receipt of one of the care-related benefits (Attendance Allowance, Disability Living Allowance, Personal Independence Payment, Armed Forces Independence Payment) and in the circumstances where no-one is in receipt of Carer’s Allowance (or the carer element in UC) for looking after them.

The SDP and other disability premiums have traditionally been poorly understood or targeted, and therefore, these were not replicated in UC as a basic design principle of UC is to be simpler than the benefits system it replaces. The funds that previously were allocated for these disability premium payments were instead recycled into an increased component for those who are determined to have Limited Capability for Work and Work related Activity (LCWRA) in UC as compared the legacy equivalent.

As part of this redistribution, roughly one third of claimants gain on UC compared to legacy; however, a third, namely those who were in receipt of the SDP, are likely to lose upon a move to UC.

In recognition of this, those who are entitled to the SDP in the month preceding a UC claim, and continue to be entitled to it, have been unable to make a claim to UC since 16 January 2019. This restriction is called the SDP gateway. These claimants will remain on legacy benefits and continue to receive the SDP (where eligible).

Following a High Court judgment in May 2019, the SDP gateway will be removed from January 2021 in order to remove the differential treatment this has created.

In recognition of the likely losses former SDP recipients experience on UC, the Secretary of State for Work and Pensions has decided to offer SDP transitional payments to those who move to UC (from a legacy award of Income Support, income-based Jobseekers Allowance, or income related Employment and Support Allowance). and meet certain SDP qualifying criteria. These payments consist of a one off lump sum for the period since they moved to UC, as well as monthly ongoing payments up to £405 per month depending on their circumstances. The Department began the process of making these payments to eligible claimants in July 2019.

Corresponding NI legislation: the Universal Credit (Transitional Provisions) (SDP Gateway) (Amendment) Regulations (Northern Ireland) 2019 (SR 2019 No. 2.)

Mixed Age Couples

Income Related ESA

Before the roll-out of UC Full Service across Great Britain, a mixed age couple (MAC) (where one partner has not yet reached State Pension age) could previously claim income-related ESA (ESA(IR)) via a claim from one partner in the couple - the “lead claimant” - who fulfils the conditions of entitlement, and claims for their partner as a dependent.

Due to a policy change which took effect from 15 May 2019, MACs are no longer able to claim Pension Credit until both members of the couple have reached State Pension age. This means they need to claim the appropriate working age benefit instead, usually Universal Credit (UC), where eligible. However, if the claimant’s ESA(IR) award includes the Severe Disability Premium (SDP), then the SDP Gateway Regulations (introduced from 16 January 2019) will prevent them from claiming UC for one month. This could leave these claimants with no access to any benefit for one month. This situation could occur until Managed Migration (MM) to UC is completed (currently scheduled for September 2024). Affected claimants will be able to remain on or reclaim ESA(IR) and continue to receive an SDP until the point in time where they are moved to UC by the Department for Work and Pensions, at which point they will be eligible for Transitional Protection (or both members of the couple reach pension age and go on to claim pension age benefits).

To address this, article 8(2)(a)(iii) of the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019, as inserted by article 2(4) of the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019 (S.I. 2019/935), extended the eligibility of the older member of a mixed age couple for ESA(IR) – but only in these limited circumstances – beyond State Pension age, and until both members of the couple are of pensionable age or they undergo managed migration to UC (MM), whichever occurs first.

Income-based JSA

Before the roll-out of UC Full Service across Great Britain, a mixed age couple (MAC) (where one partner has not yet reached State Pension age could previously claim income-based JSA (JSA(IB)) via a claim from one partner in the couple - the “lead claimant” - who fulfils the conditions of entitlement, and claims for their partner as a dependent.

Due to a policy change which took effect from 15 May 2019, MACs are longer able to claim Pension Credit until both members of the couple have reached State Pension age. This means they will need to claim the appropriate working age benefit instead, usually UC, where eligible. However, if the claimant’s JSA(IB) award includes the Severe Disability Premium (SDP), then the SDP Gateway Regulations (introduced from 16 January 2019) will prevent them from claiming UC for one month. This could leave these claimants with no access to any benefit for one month. This situation could occur until Managed Migration (MM) to UC is completed (currently scheduled for September 2024). Affected claimants will be able to remain on or reclaim JSA(IB) and continue to receive an SDP until the point in time where they are moved to UC by the Department for Work and Pensions, at which point they will be eligible for Transitional Protection (or both members of the couple reach pension age and go on to claim pension age benefits).

To address this, article 8(2)(a)(ii) of the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019, as inserted by article 2(4) of the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019 (S.I. 2019/935), extended the eligibility of the older member of a mixed age couple for JSA(IB) – but only in these limited circumstances - beyond State Pension age, and until both members of the couple are of pensionable age or they undergo managed migration to UC (MM), whichever occurs first.

Corresponding NI legislation: the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions and Commencement No. 8 and Transitional and Transitory Provisions (Amendment)) Order 2019 (SR 2019 No. 4 (c. 1)) and the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions (Amendment)) Order 2019 (SR 2019 No. 107 (c. 4)).

Contributory and income-related ESA

The Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020^{^[12]}. This change provides that people who are infected or contaminated with Coronavirus disease, in isolation in line with Government advise, or caring for a child or qualifying young person who is a member of the person's household and is infected or in isolation in line with Government advise, and who meet the standard conditions of entitlement, are treated as having limited capability for work. The change also removes the standard 7 waiting days at the start of these ESA claim. These urgent Regulations were brought into force with immediate effect to provide immediate support people following Government advice to isolate and are designed to remove the need for face to face contact with those who are self-isolating or who may have contracted the virus. These Regulations apply for 8 months from 13 March 2020.

The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 2020^{^[13]} . These Regulations removed the end date of 5 April 2020 for ESA transitional additions (TA) from the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010. DWP introduced ESA for new claimants with a health condition or disability from 27 October 2008. Migration of the existing awards of incapacity benefits (Incapacity Benefit, Severe Disablement Allowance and Income Support on disability grounds) to ESA began in April 2011. Claimants whose award of ESA was lower than their previous award when converted to ESA, were awarded a TA equal to that difference. Legislation provided for termination of TA when the amount was reduced to nil, when the person ceases to be entitled to ESA or 5 April 2020 (whichever occurred first). This change maintained the policy position in respect of TA, which is that cases converted to ESA are transitionally protected. Rather than make further assumptions as to when TA will be eroded to nil, we removed the end date for TA. TA will continue to be terminated when they are reduced to nil or when the person ceases to be entitled to ESA. In the case of income-related ESA, TA will also terminate when the case is migrated to Universal Credit. Claimants will have their existing rate of income-related ESA, including any TA in payment, protected when migrated to UC.

Contribution-based JSA

No changes.

Legacy housing benefit

The Housing Benefit (Transitional Provision) (Amendment) Regulations 2020^{^[14]}. This change removes the 5 April 2020 end date for Employment and Support Allowance (ESA) transitional additions (TA) from the Housing Benefit Regulations 2006, thereby maintaining unity between the Housing Benefit (HB) and ESA regulations in relation to ESA TA, and ensure claimants entitled to a TA who are in receipt of HB and have a TA included in their HB award will not lose this from 5 April 2020, The Employment and Support Allowance (Transitional Provisions) (Amendment) Regulations 20202 (the “TP Regulations”) came into force on 27 February 2020. They made changes to ESA legislation to remove the end date of 5 April 2020 for the TA payable to claimants who were converted from incapacity benefits to ESA. The purpose of the TA is to compensate for any difference in award as a result of the conversion. These Regulations removed the TA end date, allowing the TA to continue until naturally eroded to nil, the ESA claim is closed or, in the case of income-related ESA, claimants are migrated to Universal Credit. The HB regulations provide for a TA to be added to a claimant's applicable amount where the claimant or the claimant's partner has had an award of benefit converted to ESA in accordance with Regulations or is appealing a decision not to convert an award to ESA. Contributory ESA is taken into account as income under HB regulations but to ensure that claimants do not see a decrease in their income, amounts equivalent to the ESA components are included in the HB award. Where an ESA claimant has a TA this is also reflected in their HB award. Those claiming income-related ESA are passported to maximum eligible HB.

Housing costs for those individuals in Supported Housing or Temporary Accommodation where the relevant criteria set out in legislation is met, will continue to be funded through Housing Benefit. There have not been any changes to Housing Benefit regulations in respect of either Supported Housing or Temporary Accommodation since July 2017.

Tax credits

See part VII for details related to Working Tax Credit and Child Tax Credit.

Timetable for the move to UC (from legacy):

Regulations to commence the move to UC of existing benefit claimants who have had no change in circumstances came into force in July 2019. Initially we will be conducting a pilot of up to 10,000 claimants that will be moved to UC. The pilot began in Harrogate on 24^th July 2019. Due to the Covid-19 pandemic the pilot was temporarily suspended and the government is currently assessing when it will recommence. The government will report on its findings to Parliament and bring forward legislation for the wider roll out of managed migration. Before the Covid-19 pandemic, it had been announced that the move to Universal Credit of all existing claimants will be completed by September 2024. The government is also assessing the impact of suspending the pilot on the date of completion.

The Government has given a commitment that no one who is moved to UC as part of the managed migration process will have a lower level of entitlement to UC than had been the total level of their entitlement to their existing benefits at the point that they move. Where necessary we will provide transitional protection as part of the UC award to ensure that this is the case.

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[15].

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 social assistance provided for those who have limited means. 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 individual or 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 have transitional protection to protect their entitlement to benefit for a year. 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

needs help paying their rent

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 typical of unskilled labour selected in accordance with the provisions of the Article 66 (4)(b) and 66 (5) . The 2019 reference wage reflects the 2019 Annual Survey of Hours and Earnings (ASHE) median wage for a male employee under classification SOC 91[16]. For the purposes of the calculation of the level of social assistance, the reference wage for the 2019/20 financial year is £388.1 per week or £1681.77 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 income, 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. Note exact UC entitlement depends on the characteristics of each household – e.g. households can receive more than the amounts below if they have a Limited Capability for Work Related Activity, Disabled Child or have childcare costs etc.

(1) Couple over 25 with 2 children, with no savings and no rent – replacement rate of 75%

a. UC Award: £1,111

b. Child Benefit award: £152

c. Net Income: £1,263

(2) Couple over 25with 2 children over 25, with no savings and the lowest Local Housing Allowance rate (£87pw) – replacement rate of 98%

a. UC Award: £1,491

b. Child Benefit award: £152

c. Net Income: £1643

(3) Couple over 25 living in London, with 2 children, not working, no savings, highest Local Housing Allowance rate (£442pw) – replacement rate that is 14% higher than the reference wage

a. UC Award: £1,765

b. Child Benefit award: £152

c. Net Income: £1,917

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.

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. Universal Credit is paid in a single monthly sum which helps households plan their budget, easing the transition to work.

Northern Ireland:Universal Credit is paid twice monthly in Northern Ireland.

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), as we have removed the 7 days some had to wait prior to 14 February 2018. Claimants can also apply to get a Universal Credit payment to cover up to 1 month before they started their claim - this is called 'backdating'. The claimant (or both claimants if a couple) need a good reason for not claiming earlier. Payments are made retroactively.

It is not possible to award a Universal Credit payment as soon as a claim is made, as the assessment period must run its course before the award of Universal Credit can be calculated. Advances are in place to ensure financial support is available as soon as possible, with most claimants able to request an advance of up to 100% of the monthly amount they are due to receive.

We continue to pay Housing Benefit and other DWP legacy benefits for two weeks when people move to Universal Credit.

II - 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 prescribe 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 information under Part II. Medical Care

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;

(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;

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. 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.

In November 2019, the Government reduced the maximum length of a high level sanction from 3 years to 6 months.

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.

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 2018/19 – which showed ‘79% of claimants are satisfied with their experience in Universal Credit’. This compares with a satisfaction level of 81% for all benefits administered by DWP.

III - 10. Financing and Administration

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.

Article 71. C102, Article 70. ECSS

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).

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.

List of applicable legislation

Welfare Reform Act 2012, Universal Credit Regulations 2013 and ‘Welfare Reform and Work Act 2016

https://www.legislation.gov.uk/ukpga/2012/5/contents/enacted

http://www.legislation.gov.uk/ukdsi/2013/9780111531938/contents http://www.legislation.gov.uk/ukpga/2016/7/contents/enacted

The Welfare Reform (Northern Ireland) Order 2015, Universal Credit Regulations (Northern Ireland) 2016 and ‘Welfare Reform and Work (Northern Ireland) Order 2016

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

http://www.legislation.gov.uk/nisr/2016/216/contents/made

http://www.legislation.gov.uk/nisi/2016/999/contents

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.

See information under Part III-1.

Jobcentre Plus work coaches offer all claimants, including older people, a comprehensive menu of help, including skills provision and job search support. Interventions are based on claimant circumstances and underpinned by the Claimant Commitment, with co-ownership between the claimant and Work Coach.

Universal Credit, gives Work Coaches the flexibility and autonomy to build individual support packages to help individuals into work. Work Coaches are further supported by specialist expertise (both in-house and external) to help claimants with more complex barriers to enter employment. They also utilise other packages of support such as New Enterprise Allowance (NEA) for those considering self-employment and funding from the Flexible Support Fund to help individuals overcome their barriers to enter employment.

For claimants who are disabled and people with health conditions, a Personal Support Package ensures they receive tailored support to meet their individual needs.

It has been announced that the move to Universal Credit of all existing claimants will be completed by September 2024.

Universal Credit builds on work coach flexibilities and autonomy to shape support for the individual claimant. This reinforces the emphasis on supporting every claimant to overcome their barriers to re-enter employment.

Employability and skills policy is a devolved matter. The Department for Work and Pensions 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.

In Northern Ireland, the Department for Communities provides a comprehensive package of support measures, aimed at helping people with a full range of disabilities to progress towards, move into and sustain employment. Access to Work (NI)[17] can help people with disabilities who wish to take up employment or who are in work and experience difficulty related to their disability. It can also help employers who wish to recruit or retain people with disabilities in employment.

Work & Health Programme (WHP)

The Work & Health Programme (WHP) was launched throughout England and Wales on a rolling basis between November 2017 and April 2018. It predominantly helps people with disabilities and a wide range of health conditions, as well as the long-term unemployed, and certain priority groups, to enter into and stay in work, using the expertise of private, public and voluntary, and community sector providers. The WHP was built on the strengths and lessons learned from the previous initiative - the Work Programme - and other contracted provision. In line with this experience, the programme was designed with a payment-by-results model, so providers are paid for the results they deliver.

The WHP integrates with local services and health provision and supports local service integration plans. Working with the resources and successful programmes available within local areas ensures that effective use is made of local funding streams and the expertise of local service suppliers, so that participants with multiple barriers to work can receive co-ordinated and holistic support.

WHP will help around 275,000 people across the 5 years of its duration. We expect the majority of people (around 220,000) to start the programme will be disabled people. The latest statistics on Work and Health Programme (to May 2020) can be found here: https://www.gov.uk/government/statistics/work-and-health-programme-statistics-to-may-2020.

IV - 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.

See information under Part III-2.

IV - 3. Persons protected

Article 21. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, 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.

See information under Part III-3.

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 III-4.

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.

See under Part III-5.

IV - 6. Minimum duration of Benefit and Waiting Period

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.

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.

See under Part III-6.

IV - 7. 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;

(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

See under Part III-8.

IV – 8. Right of complaint and appeal

See under Part III-9.

IV - 9. Financing and Administration

See under Part III-10.

Part V. Old-age Benefit

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

List of applicable legislation

2011

· Pensions Act 2011

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

2012

· Pensions Act (Northern Ireland) 2012

http://www.legislation.gov.uk/nia/2012/3/pdfs/nia_20120003_en.pdf

2013

· Welfare Benefits Up-rating Act 2013

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

2014

· Pensions Act 2014

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

2015

· Pensions Act (Northern Ireland) 2015

http://www.legislation.gov.uk/nia/2015/5/pdfs/nia_20150005_en.pdf

Aside from annual orders to protect pensions from inflation there has been no significant further state pensions legislation since the Pensions Act 2014.

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

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.

Legislative changes

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.

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 recognises pre-2016 National Insurance contributions so that individuals are not disadvantaged and builds on the existing range of National Insurance credits awarded to those who have had care responsibilities.

Pension Credit

In February 2019, an additional amount payable to those with responsibility for a child or qualifying young person was introduced into Pension Credit. This coincided with the closure of Child Tax Credit to new claims, and provided continuity of support for those over State Pension age who are not able to access Universal Credit.

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.

State Pension age

Under the Pensions Act 2011 State Pension age for women increased gradually 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 was published on 19^th July 2017.[18]

Northern Ireland

Under the Pensions Act (Northern Ireland) 2012, State Pension age for men and women was equalised at age 65 in October 2018. State Pension age is now increasing incrementally to reach age 66 by October 2020. The State Pension age will increase from 66 to 67 between 2026 and 2028 under the Pensions Act (Northern Ireland) 2015. The timing of the increase from 67 to 68 remains set to happen between 2044 to 2046 as set out in the Pensions Act (Northern Ireland) 2008.

V - 3. Persons protected

Article 27. C102 and ECSS

The persons protected shall comprise:

(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.

The persons protected are those with at least 10 qualifying years of National Insurance contributions or credits. This means they were either:

· working and paying National Insurance

· getting National Insurance Credits, for example for unemployment, sickness or as a parent or carer

· paying voluntary National Insurance contributions

The Office for National Statistics estimate that there were 41.9m people aged 16 to 64, 0.7m aged 65, and 11.9m aged 66 or greater in the UK in July 2020. The State Pension age (Spa) was still increasing from 65 to 66 in July 2020 so some 65 year olds would have been above SPa. DWP estimates that around 10% of people aged 65 in July 2020 would be above SPa. This leads to an estimate of 42.5m people aged between 16 and SPa and 11.9m people over SPa.

So we estimate that the number of people aged over SPa in 2020 is approximately 28.1% of the number of people over 15 years of age and under SPa.

The chart below shows how the estimate varies each year through to 2070 under the legislated SPa timetable and under the proposals outlined in the 2017 review.

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.

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

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

£388.10 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 new State Pension was introduced for people reaching State Pension age from 6 April 2016. The full rate of the new State Pension in 2020/21 was £175.20 a week. Individuals who did not make National Insurance contributions or get National Insurance credits before 6 April 2016 will receive the full rate if they accrue 35 qualifying years. If they accrue 30 qualifying years, they will receive 30/35ths of the full amount, £150.17 a week in 2020/21 rates. A standard beneficiary of a man and a wife both of pensionable age, who have 30 qualifying years each and did not make National Insurance contributions or get National Insurance credits before 6 April 2016, would receive £300.34 a week in 2020/21 rates. Note that it is currently not possible to accrue 30 qualifying years and to have not made National Insurance contributions or received National Insurance credits before 6 April 2016 – the figure is for illustrative purposes only. For individuals who did make National Insurance contributions or get National Insurance credits before 6 April 2016, there are transitional arrangements which mean that individuals could receive less or more than the full rate of the new State Pension, depending on their individual circumstances.

Couples above State Pension age with a low income may be entitled to Pension Credit. If their income falls below a minimum amount, which was £265.20 in 2020/21, then it will be topped-up to that standard minimum amount. This amount may be higher for those who are severely disabled, have caring responsibilities or certain housing costs.

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

£154.32

Family allowances, payable during employment and the contingency, (where applicable) comprise £21.05 Child Benefit for the eldest qualifying child, £13.95 for the second qualifying and Child Tax Credit of £119.32 in respect of both children.

UK policy is that each individual should build up a qualifying year for every year that they contribute to UK society: https://www.gov.uk/national-insurance-credits/eligibility

For those on a low income Pension Credit is a non-taxable, non-contributory income related benefit for people who have reached State Pension age. It works by topping up any other income to a standard minimum amount currently 173.75 a week for single people and £265.20 for couples (rates applicable from April 2020). Those amounts may be higher for those who are severely disabled, have caring responsibilities, are responsible for a child or young person, or have certain housing costs.

Before May 2019, couples where only one member had reached the qualifying age (“mixed age couples”) could choose to claim either the applicable working-age income related benefit benefit (now Universal Credit) , or Pension Credit. From May 2019, couples may only claim Pension Credit once both members have reached the State Pension(with certain exceptions). Mixed age couples not eligible for Pension Credit may qualify for Universal Credit, subject to satisfying the capital, income and other entitlement conditions. This change is intended to ensure that the same work incentives apply to the working-age member of the couple as to other people of the same age.

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

77.4% (without family benefit), 117.15% with family benefit

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.

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

38.7% based on new State Pension with 30 qualifying years., 44.8% with Pension Credit.

V - 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.

Pension uprating

The Consumer Prices Index is the Government’s preferred measure for the indexation of benefits and tax credits. The full rate of the basic and new State Pensions must be increased each year by at least the rise in earnings. The “triple lock” is a government commitment to increase the full rates of the basic and new State Pensions by the highest of: average weekly earnings; prices; or 2.5%. Additional elements of the basic and new State Pensions will continue to be uprated by the growth in prices. These include State Earnings Related Pension Scheme (SERPS), State Second Pension (S2P), increments for deferral, Graduated Retirement Benefit and new State Pension protected payments.

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.

For the purposes of the 2020/21 uprating, earnings growth (+3.9%) was the highest of the three triple lock benchmarks, meaning that:

the New State Pension (for those reaching State Pension age on or after 6 April 2016) is £175.20 per week in 2020/21 (up from £168.60 in 2019/20)
the Basic State Pension (the core amount in the old State Pension system) is £134.25 per week in 2020/21 (up from £129.20 in 2019/20).

The Pension Credit Guarantee is required to increase at least in line with earnings. In 2020/21 it also rose by 3.9%.

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.

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. For someone with no National Insurance record prior to 6 April 2016, 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, which take someone’s previous National Insurance contributions into account and mean that people could receive less or more than the full rate, depending on their National Insurance record.

V -7. Duration of Benefit

Article 30. C102 and ECSS

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

Once eligible, the new State Pension is payable for the rest of the person’s life.

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;

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

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.

Corresponding Northern Ireland legislation: the Social Security Contributions and Benefits (Northern Ireland) Act 1992 – section 113.

V - 9. Right of complaint and appeal

See under Part XIII-2

V - 10. Financing and Administration

See under Part XIII-3

Financing principle: contributions and state guarantee.

Part VI. Employment Injury Benefit

The United Kingdom (UK) is unable to accept Part VI of the European Code of Social Security 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.

List of applicable legislation

Great Britain

The Pneumoconiosis etc. (Workers’ Compensation) Act 1979

Part 5 SSCA 1992

Part 4 Child Maintenance and Other Payments Act 2008

Mesothelioma Act 2014

The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1989 SI 1985/967

The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 SI 1988/668

The Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations 2008 SI 2008/1595

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 SI 2008/1963

The Welfare Reform Act 2012 – Part 3 – Industrial Injuries Benefit

The Diffuse Mesothelioma Payment Scheme Regulations 2014 SI 2014/916

The Diffuse Mesothelioma Payment Scheme (Levy) Regulations 2014 SI 2014/2904

Northern Ireland

Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979

Part 5 Social Security Contributions and Benefits (Northern Ireland) Act 1992

Mesothelioma, etc., Act (Northern Ireland) 2008

The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 SR 1986 No. 179

The Pneumoconiosis, etc., (Workers' Compensation) (Payment of Claims) Regulations (Northern Ireland) 1988 SR 1988 No. 242

The Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations (Northern Ireland) 2008 SR 2008 No. 353

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008 SR 2008 No. 354

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. 62

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

http://www.legislation.gov.uk/nisr/2017/45/pdfs/nisr_20170045_en.pdf

http://www.legislation.gov.uk/nisr/2017/68/pdfs/nisr_20170068_en.pdf

http://www.legislation.gov.uk/nisr/2017/186/contents

2018

2017 Conditions and

Amounts) (Amendment) Regulations (Northern Ireland) 2018

http://www.legislation.gov.uk/nisr/2018/55/pdfs/nisr_20180055_en.pdf

http://www.legislation.gov.uk/nisr/2018/59/contents

Amounts) (Amendment No. 2) Regulations (Northern Ireland)

2018

http://www.legislation.gov.uk/nisr/2018/168/contents

(Northern Ireland) http://www.legislation.gov.uk/nisr/2018/151/contents/made

Conditions and Amounts) (Amendment) Regulations (Northern Ireland) http://www.legislation.gov.uk/nisr/2019/47/pdfs/nisr_20190047_en.pdf

(Northern Ireland)

2019

http://www.legislation.gov.uk/nisr/2019/57/contents/made

https://www.legislation.gov.uk/uksi/2019/1241/made

2020 https://www.legislation.gov.uk/uksi/2020/244/contents/made

https://www.legislation.gov.uk/nisr/2020/36/contents/made

VI - 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.

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.

§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.

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).

Outline of the UK IIDB scheme

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 for Work 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.

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.

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

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.

There has been no change since the last report.

VI – 4. Benefits in cash

Article 5. 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.

Article 7. C17

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.

Cash benefits paid due to employment injury

Permanent disability:

Industrial injuries disablement benefit (social insurance):If the insured is assessed with a 100% disability, £182.00 a week (as of April 2020) is paid from the 15th week after the work-related accident occurred or the occupational disease began[19].

Partial disability: The benefit varies from £36.40 a week (as of April 2020) for an assessed degree of disability of 20% to £163.80 a week (as of April 2020) for an assessed degree of disability of 90% if aged 18 or older[20].

Constant-attendance allowance: If the insured requires the constant attendance of others to perform daily functions,£145.60, £109.20, £72.80 or £36.40 a week is paid as of April 2020 depending on attendance needs[21].

Death:

Bereavement Support Payment (social insurance): A lump sum of £2,500 plus £100 a month is paid for up to 18 months; £3,500 plus £350 a month is paid for up to 18 months if the widow(er) receives or is entitled to receive child benefit or is pregnant.

Widowed Parent's allowance*: Up to £119.90 a week (£121.95 a week as of April 2020) is paid to a widowed parent entitled to child benefitfor at least one dependent child.

Bereavement Allowance is no longer in operation.

Guardian's allowance:£17.60 a week (£17.90 a week as of April 2020) is paid for each child.

* This benefit is not available to new claimants after April 2017.

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	2015/2016 (£)	2016/2017(£)	2017/2018 (£)	2018/2019 (£)	2019/2020 (£)	2020/2021 (£)
Disablement 100%	168.00	168.00	169.70	174.80	179.00	182.00
Disablement 20%	33.60	33.60	33.94	34.96	35.80	36.40
Reduced Earnings Allowance* (maximum rate)	67.20	67.20	69.90	69.90	71.60	72.80
Retirement Allowance (maximum)	16.80	16.80	17.48	17.48	17.90	18.20
Constant Attendance Allowance (maximum)	134.40	134.40	139.80	139.80	143.20	145.60
Exceptionally Severe Disablement Allowance	67.20	67.20	69.90	69.90	71.60	72.80

*Reduced Earnings Allowance is not payable in respect of accidents or diseases arising on or after 1 October 1990.

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

1. Injured workmen shall be entitled to the supply and normal renewal, by the employer or insurer, 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.

Supply and renewal of artificial limbs and surgical appliances

The NHS will supply the appropriate prosthetic device to meet the clinical needs of the patient regardless as to the reason for amputation.

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

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.

Financial support for individuals unable to work due to sickness or incapacity for employment is provided for all employees either through Occupational Sick Pay or Statutory Sick Pay. More details on Statutory Sick Pay can be found here.

Universal Credit or Employment and Support Allowance is available for those who require additional financial support or for those who do not qualify for Occupational or Statutory Sick Pay. Further information on these benefits is contained elsewhere in this report.

Statutory Sick Pay is subject to 3 waiting days. Industrial Injuries Disablement Benefit may also become payable for accidents 90 days from the date the accident occurred. This period is to allow for the possibility that the condition of the individual will improve, and to understand the full impact of the accident on the claimant’s disablement. There is no similar period for industrial diseases.

Compensation is paid by central government with the exception of Occupational and Statutory Sick Pay which are paid by employers.

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.

For the Industrial Injuries Scheme, eligibility requires that at the time of the accident or disease exposure, the individual must have been engaged in employed earners employment, i.e. they should have been an employee at the time of accident/exposure. There is no requirement for the employer to be solvent at the time of a claim to the Industrial Injuries Scheme. Claims are paid on a no fault basis so employer liability need not be proven. Awards are paid for the duration of the disablement which could be anything that the healthcare professional deems appropriate; including life awards.

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.

The total amount of Industrial Injuries Benefits Annually Managed Expenditure for the financial year ending each March (GB £ million, nominal terms) was as follows[22]:

2015

2016

2017

2018

2019

2020

908

892

861

840

838

835
(forecast)

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 increased to three regional centres, covering the whole of Great Britain.

The cost of Industrial Injuries benefits (IIB) in Northern Ireland for the financial years ending March were as follows: (in £GB thousands):

2014	2015	2016	2017	2018	2019	2020 (prov)
29,748	30,067	29,982	29,419	29,291	29,886	30,347

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	*

* Since 2016 IIB is administered along with Employment and Support Allowance and separate specific administration costs for IIB are not identifiable.

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 Ireland is administered by the Department for Communities.

ILO Convention 19

Separate, but corresponding, schemes of Social Security are operated in Great Britain and Northern Ireland. Reciprocal arrangements between the two ensure that the schemes effectively operate as a single system. For ease of reference the legislation introduced during the reference period and of relevance to this Convention is listed in the attached Annex A. Corresponding legislation has effect in Northern Ireland and is likewise listed. Benefit levels and dates of commencement are maintained in parity with Great Britain and all rates quoted therefore apply equally.

The complete law on Social Security, as it currently applies in Great Britain, including copies of the text of Acts, Regulations and Orders can be view at the Government’s website^{^[23]}. Statutory Instruments (SIs) can be traced by their year of publication and SI Number quoted, via the same website. 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 in Northern Ireland website^{^[24]}.

The following regulations 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). Otherwise the position remains as previously described.

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2019

https://www.legislation.gov.uk/uksi/2019/1241/made

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2020

https://www.legislation.gov.uk/uksi/2020/244/contents/made

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2020

https://www.legislation.gov.uk/nisr/2020/36/contents/made

The above mentioned legislation is administered by Department for Work and Pensions (GB) and the Department for Communities (NI).

Part VII. Family Benefit

The United Kingdom has accepted the obligations resulting from Part VII of C102 and Part VII of the 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

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.

Her Majesty’s Revenue and Customs (HMRC) is the Department responsible for Child Benefit and non-Universal Credit related tax credits.

Child Benefit is generally payable to all persons who have responsibility for a child, regardless of means. Child Benefit 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.

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 2 entitled A Guide to Child Tax Credit and Working Tax Credit.

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 £6,420 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 41 pence for every pound of income over the threshold.

Universal Credit has been successfully rolled out across the whole of the UK by the Department for Work and Pensions in Great Britain, and Department for Communities in Northern Ireland. From 1 February 2019, HMRC has not accepted any new claims for tax credits unless an exception applies.

Where a claim to Universal Credit is made by a tax credits recipient, their tax credits award is ended. Tax credits customers under state pension age will continue to move to UC if they have a relevant change of circumstances.

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.

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.

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].

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 (figures in ‘000s)
2015/16	7,417
2016/17	7,396
2017/18	7,377
2018/19	7,326

Note: UK totals include foreign nationals and not known.

The number of families receiving Child Tax Credit in the UK for the year 2018/19 was 3.3 million, comprising some 6.1 million children.

The Child and Working Tax Credits statistics: finalised annual awards - 2018 to 2019 statistics can be found by following the link below:

https://www.gov.uk/government/statistics/child-and-working-tax-credits-statistics-finalised-annual-awards-2018-to-2019

See Part III of this report for figures on Universal Credit (UC).

2019 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 – 2018/19
						Thousands and £Millions
	2009-10	2010-11	2011-12	2012-13	2013-14	2014-15	2015-16	2016-17	2017-18	2018-19
	2009-10	2010-11	2011-12	2012-13	2013-14	2014-15	2015-16	2016-17	2017-18	2018-19
Families	5,767	5,764	5,130	4,110	4,016	3,921	3,804	3,646	3,443	3,017
Children	10,225	10,226	9,128	7,705	7,587	7,459	7,299	7,070	6,718	6,092

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 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.

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 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 and providing 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. It is also available to workers from the EU, EEA and Switzerland.

VII - 4. Types of Benefit

Article 42. C102 and ECSS

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).

The Child Tax Credit annual rates for the period of this Report.

Child Tax Credit	From April 2015	From April 2016	From April 2017	From April 2018	From 2019	From 2020
Family element[25]	545	545	545	545	545	545

Child element[26]	2,750	2,780	2,780	2,780	2,780	2,830
Disabled child element[27]	3,100	3,140	3,175	3,275	3,355	3,415
Severely disabled child element[28]	1,255	1,275	1,290	1,325	1,360	1,385
Income thresholds and withdrawal rates
First income threshold	6,420	6,420	6,420	6,420	6,420	6,530
First withdrawal rate (per cent)	341	341	41	41	41	41

Second withdrawal rate (per cent)	4
First threshold for those entitled to CTC only	16,0105	16,105	16,105	16,105	16,105	16,385
Income increase disregard	5,000	2,500	2,5000	2,500	2,500	2,500
Income disregard	5,000	2,500	2,500	2,500	2,500	2,500

Child Benefit weekly rates for the period of this Report

From	Child Benefit
April 2012	£20.30 eldest child
April 2012	£13.40 each other child
April 2013	£20.30 eldest child
April 2013	£13.40 each other child
April 2017	£20.70 eldest child
	£13.70 each other child
April 2018	£20.70 eldest child
	£13.70 each other child
April 2019	£20.70 eldest child
	£13.70 each other child
April 2020	£21.05 eldest children
April 2020	£13.95 each other children

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.

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

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. In these cases, we would usually need to see evidence of expenditure towards the child’s upbringing.

Examples of contributions are:

· 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 are responsible for a child and:

· 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 cannot claim for a child who lives outside the EEA or Switzerland. There is 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 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

Article 44. C102 and Protocol to the ECSS

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.

2020

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 2014/15 to 2019/20 can be found on the right hand side of the HM Revenue and Customs receipts table. This figure covers both Working Tax credit (WTC) and CTC.

RF/C102:

A. Please furnish, under this Article, information in the form set out in Title I under Article 66.

B. Please furnish the total amount of cash benefits granted in respect of the persons protected, as shown under Article 41 above.

C. Please state to which of the subparagraphs of this Article recourse is had:

(a) if recourse is had to subparagraph (a) please furnish:

(i) the total number of children of all persons protected;

(ii) the total number of benefits in cash per cent of the wage of the ordinary adult male labourer (A) multiplied by the total number of children of the persons protected (C(a)(i)).

(b) If recourse is had to subparagraph (b), please furnish:

(i) The total number of children of all residents;

(ii) The total value of benefits in cash per cent of the wage of the ordinary adult male labourer (A) multiplied by the total number of all residents (C(b)(i))

Total UK child benefit expenditure in 2019-20 was £11.46bn. Based on a reference wage of £388.10 p/w, and taking ONS’ child population estimates of 13.41m UK children as a proxy, the amount the UK would need to spend in order to be in compliance with the Code is £4.06bn.

VII – 7. Duration of Benefit

Article 45. ECSS

Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.

Child Benefit is paid to those responsible for children (aged under 16) or qualifying young people.

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;

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

https://www.gov.uk/child-benefit-for-children-in-hospital-or-care

Child Benefit for children in hospital or care

Child Benefit payments might be affected if the 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 local councils, usually because the child has a mental or physical disability. This is different to ‘care’.

After 8 or 12 weeks

Usually, recipients are 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 the recipient is regularly spending money on them
for children in hospital abroad - if the recipient is back in the UK and regularly spending money on them.

The recipient’s money will only count if they are married or civil partnered and living together.

Child Benefit if the child lives with someone else

An individual will usually get Child Benefit for 8 weeks after the child goes to live with someone else (e.g. a friend or relative), if nobody else claims. It can continue for longer if the individual makes contributions to the child’s upkeep.

The Child Benefit Office will tell individuals if they get another claim for the child. They will help with decisions regarding who should claim if the individual cannot decide for themselves.

Contributions to upkeep

Payments could continue for more than 8 weeks if the individual contributes to the 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 the child with somewhere to live.

VII – 9. Right of complaint and appeal

See under Part XIII-2

VII - 10. Financing and Administration

See under Part XIII-3

Part VIII. Maternity benefit = not accepted

23^rd 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 a week 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

23^rd 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) has almost completed 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. More than 2 million claimants were receiving incapacity benefits before reassessment began and around 1.5 million people have now been reassessed, nearly all of those who required a reassessment.

Work Capability Assessment

The Government remains committed to ensuring that the Work Capability Assessment (WCA) is as fair and accurate as possible. The Government had a statutory commitment to independently review the WCA annually for the first five years of its operation. More than 100 recommendations were made, the vast majority of which the Government accepted.

The Government consulted on a specific model of WCA reform in the 2016 Improving Lives Green Paper, to separate decisions on the financial support an individual receives from requirements to engage with employment support. The consultation showed broad support for reform of the WCA but there was no consensus on what a reformed assessment should look like.

Therefore, the Government committed to reforming the WCA in “Improving Lives: The Future of Work, Health and Disability” Command Paper, and we are working with stakeholders to inform future changes.

Part X. Survivors’ benefit

The United Kingdom has accepted the obligations resulting from Part X of 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

Northern Ireland

· Social Security Contributions and Benefits (Northern Ireland) Act

1992

https://www.legislation.gov.uk/ukpga/1992/7/contents

· Pensions Act (Northern Ireland) 2015

https://www.legislation.gov.uk/nia/2015/5/contents

See under Part I. General Provisions. Articles 1-6.

X - 1. Regulatory framework

Article 59. C102M

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.

Basic principles

Compulsory social insurance scheme for the active population (employees and self-employed) financed by contributions providing lump sum Bereavement Payment, , and flat-rate Widowed Parent's Allowance.

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.

Types of benefits

Bereavement Support Payment (social insurance): A lump sum of £2,500 plus £100 a month is paid for up to 18 months; £3,500 plus £350 a month is paid for up to 18 months if the widow(er) is pregnant or is entitled to receive child benefit.

Widowed Parent's allowance*: Up to 121.95 a week as of April 2020 is paid to a widowed parent entitled to child benefitfor at least one dependent child.

Guardian's allowance:£17.60 a week (£17.90 a week as of April 2020) is paid for each child.

* This benefit is not available to new claimants after April 2017.

Legislative provisions

The provisions relating to Bereavement Benefits are to be found in Part II of the Social Security Contributions and Benefits Act 1992 as follows:

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;

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;

(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: sections 39A and 39C, for deaths occurring between 9 April 2001 and 5 April 2017. 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

(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 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

(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.

See under Part X-2

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.

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

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

£388.10

Title IV of RF/C102/ECSS (Article 66), according to which the standard beneficiary is a widow with two children.

· Amount of Survivors’ Benefit granted during the time basis

£121.95 (basic Widowed Parent’s Allowance)

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

£154.32

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

£276.27 / 71.2%Without Child Tax Credit £189.32 / 48.78%

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.

A childless woman employee may be eligible for benefits such as UC.

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

X – 5. Adjustment of benefits

§10 Article 65, §8 Article 66. C102

See under Part V-5

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.

To qualify for WPA the deceased spouse must satisfy both the 1^st and 2nd contribution conditions.

Condition 1

They must either:

have had one qualifying year since 6 April 1975 which is derived from the actual payment of Class 1, 2, or 3 NI contributions
or have paid 50 flat-rate contributions at any time before 6 April 1975.

Condition 2

For the standard basic rate (100 per cent) of WPA, the late spouse/civil partner must have had qualifying years for about 90 per cent of the years in their working life. If they had fewer qualifying years than the number needed for the standard basic rate a smaller basic rate will be paid, provided that the number of their qualifying years was at least a quarter of the number needed. Qualifying years for the 2^nd contribution condition can be made up of paid Class 1,2,3 or credits or a mixture of paid contributions and credits.

X - 7. Duration of Benefit

Article 64. C102

The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.

ISSA Database

Widowed parent's allowance (social insurance): 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).The allowance ceases upon remarriage or cohabitation.

X - 8. Suspension of Benefit

Article 69. C102

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;

(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.

Payment stops once the survivor is no longer eligible for Child Benefit, they reach State Pension age, or if they remarry, enter into a civil partnership or start cohabiting with another person.

If the recipient remarries they cannot re-qualify for benefit, even if they are subsequently divorced. A widow or widower who remarries and whose second spouse dies can only become entitled to benefit if the second spouse made sufficient National Insurance contributions; no account is taken of the first spouse’s contributions record.

Where a person lives with someone else as husband, wife or civil partner but is not legally married to them or not in a legal civil partnership, benefit is suspended but is reinstated if they stop cohabiting.

X – 9. Right of complaint and appeal

See under Part XIII-2

X - 10. Financing and Administration

See under Part XIII-3

Part XI. Standards to be complied with by periodical payments

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

For the purposes of Article 66 Code the reference wage is £388.10 per week, being the median gross weekly earning (excluding overtime) for full-time male employees who are classified as typical of unskilled labour selected in accordance with the provisions of the Article 66 (4)(b) and 66 (5). This figure is from the Annual Survey of Hours and Earnings (ASHE) 2019.[29]

The best match for this criterion is SOC 2010 Sub-Major Group 91 (Elementary Trade and Related Occupations).

The Office for National Statistics no longer provides data for the SOC 2010 Sub-Major Group 91 in conjunction with UK SIC (2007) Division 28 and updating the 2014-2015 figure according to earnings growth, as per previous reports, is not a reliable means of providing a reference wage going forward.

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.

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.

Residents who are not nationals have the same rights to benefits as national residents if they have indefinite leave to remain.

Public funds include a range of benefits that are given to people on a low income, as well as housing support. Public funds do not include benefits that are based on National Insurance contributions. National Insurance is paid in the same way as income tax and is based on earnings. Social assistance, family benefits and housing assistance are paid to those residents who have a right to reside that entitles them to those benefits and who are factually habitually resident in the UK.

Disability and carer benefits are non-contributory, non means-tested and paid out of general taxation. Entitlement to these benefits is not dependent on nationality; anyone, regardless of nationality can receive them as long as they satisfy relevant residence and presence tests and the disability and carer tests. For people who export the disability and carer benefits to another EEA state or Switzerland the residence tests are dis-applied.

Contributory Benefits

Equality of treatment is not subject to the existence of a bilateral or multilateral agreement providing for reciprocity. All individuals who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention are protected under the contributory social security scheme of the United Kingdom, provided they comply with the entitlement requirements as set out in national legislation. Entitlement to contributory benefits is not dependent on nationality; anyone, regardless of nationality, who has paid sufficient national insurance contributions can access these benefits.

Health

The measure of residence that the UK uses to determine entitlement to free NHS healthcare is known as ‘ordinary residence’. A non-UK national from the EU and EEA with ‘ordinary residence’ in the UK will be entitled to free NHS healthcare. Non-EEA nationals would be subject to immigration control and will need to also have the immigration status of indefinite leave to remain

Individuals who are not ordinarily resident in the UK may be required to pay for their care when they are in England.

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

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.

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.

Health

Complaint and redress – NHS: https://www.gov.uk/government/publications/the-nhs-constitution-for-england/how-do-i-give-feedback-or-make-a-complaint-about-an-nhs-service.

Benefits

The Welfare Reform Act of 2012, effective from April 2013, was introduced to ensure that more disputes involving Department for Work and Pensions (DWP) decisions could 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.

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 aim is to make sure that people understand the decision and to encourage people 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. 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.

DWP must return appeal responses to HMCTS within 28 calendar days in benefits cases, and within 42 calendar days in child maintenance cases.

Corresponding provision is made in the Northern Ireland Welfare Reform (NI) Order 2015.

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

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 SR 1999 No. 162

http://www.legislation.gov.uk/nisr/1999/162/contents/made

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 SR 2016 No. 221

http://www.legislation.gov.uk/nisr/2016/221/contents/made

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.

Northern Ireland

Mandatory Reconsiderations

Article 107 of the Welfare Reform (Northern Ireland) Order 2015 contains the power for mandatory reconsideration regulations.

XIII – 3. Financing and Administration

Article 71. C102, Article 70. ECSS

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).

Financing

For UK Government tax and National Insurance Contributions receipts, see: https://www.gov.uk/government/statistics/hmrc-tax-and-nics-receipts-for-the-uk.

For benefits expenditure, including a detailed breakdown of expenditure by benefit, see: https://www.gov.uk/government/publications/benefit-expenditure-and-caseload-tables-2020.

· RF/C102/ECSS: please state to which extent responsibility has been assumed by the Member for the provision of benefits.

· No changes. 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. See https://www.legislation.gov.uk/ukdsi/2020/9780111192634/contents

· 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 National Insurance contribution rates can be found here: https://www.gov.uk/government/publications/rates-and-allowances-national-insurance-contributions/rates-and-allowances-national-insurance-contributions.

Rates of income tax can be found here: https://www.gov.uk/income-tax-rates.

· 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 https://www.gov.uk/government/publications/report-to-parliament-on-the-2020-re-rating-and-up-rating-orders.

Administration

The Department of Health and Social Care (DHSC) supports ministers in leading the nation’s health and social care to help people live more independent, healthier lives for longer.

DHSC is a ministerial department, supported by 29 agencies and public bodies.

The Department for Work and Pensions (DWP) is responsible for welfare, pensions and child maintenance policy. As the UK’s biggest public service department it administers the State Pension and a range of working age, disability and ill health benefits to around 20 million claimants and customers.

DWP is a ministerial department, supported by 15 agencies and public bodies.

Her Majesty’s Revenue and Customs(HMRC) is the Department responsible for Child Benefit and non-Universal Credit related tax credits.

Annex 1. Policies devolved to Scotland

MEDICAL BENEFITS

https://www.scot.nhs.uk/about-nhs-scotland/

HEALTHCARE IN SCOTLAND

Our aim in Scotland is to provide high quality healthcare services that focus on prevention, early intervention and supported self-care management. This means people will be treated and stay at home where possible, and when a hospital admission is required, they will be seen and discharged as swiftly as it is safe to do so.

Scotland is comprised of 14 territorial Health Boards covering all regions of Scotland, with eight national boards which provide specific support such as education, improvement and ambulance services. In addition, through the Public Bodies (Joint Working) (Scotland) Act 2014, there are 31 Integration Authorities (more detail on those below).

Health and Social Delivery Plan

The Health and Social Care Delivery Plan was published on 19 December 2016. It provides a single delivery framework for health and social care improvement across Scotland.

It presents actions that the Scottish Government and local health and care services will take to further improve the health and care of our population. Including the commitment that by the end of this Parliament at least half of frontline spending will be in our community health services, by shifting resources into the community to deliver more services closer to home.

The five-year plan brings together all the key change programmes in Scotland:

health and social care integration;

the National Clinical Strategy;

population health improvement; and

NHS Board Reform.

In support of the Delivery Plan, the Health and Social Care Medium Term Financial Framework, published on 4 October 2018, sets out five areas of activity to reform, improve and achieve better value from health and social care services, to ensure continued delivery of a financially balanced and sustainable Health and Social Care system.

In 2019/20 we are investing £392 million to support reform and improve patient outcomes. This includes £155 million for Primary Care, £146 million for the Waiting Times Improvement Plan, £18 million to support implementation of the major trauma networks and £12 million to support the continued investment in the £100 million cancer strategy. This will also include £61 million towards increasing the workforce by an extra 800 workers, for transformation of children’s mental health services.

Health and Social Care Integration in Scotland

The way in which health and social care services are planned and delivered across Scotland changed when the Public Bodies (Joint Working) (Scotland) Act 2014 came into effect on 1 April 2016. Under the 2014 Act, Health Boards and Local Authorities must set up an Integration Authority to plan, provide and monitor all adult social care, primary and community healthcare, and some specific hospital services, such as accident and emergency, and general medicine.

The 2014 Act also allows Health Boards and Local Authorities to delegate certain other services, such as children's health and social care services and criminal justice social work, to Integration Authorities. The Act sets out principles for improving peoples’ wellbeing and sets the national health and wellbeing outcomes which apply across all integrated health and social care services.

We have integrated health and social care so that we can ensure people have access to the services and support they need, so that their care feels seamless to them, and so that they experience good outcomes and high standards of care and support. We are also looking to the future: integration requires services to be redesigned and improved, with a strong focus on prevention, quality and sustainability, so that we can continue to maintain our focus on reforming and improving people’s experience of care.

A review of progress with integration was undertaken by the Ministerial Strategic Group for Health and Community Care (MSG) and published in February 2019. The review highlighted findings from a recent national audit report on integration, which outlined that integration can work within the current legislative framework and is already working well in some places, but there are significant barriers to delivering integration. Extensive work is underway to deliver the review’s 25 practical proposals, which set a challenging and ambitious agenda for Integration Authorities, NHS Boards and Local Authorities, working with key partners, including the third and independent sectors to increase the pace and effectiveness of integration by March 2020.

Further information about health and social care integration is available on the Scottish Government Health and Social Care Integration page (www.gov.scot) and the Health and Social Care Scotland website (www.hscscotland.scot).

Primary Care

General Practice

The 2018 GP contract came into force on 1 April 2018. The contract is governed by regulations:

http://www.legislation.gov.uk/ssi/2018/67/contents/made

http://www.legislation.gov.uk/ssi/2018/66/contents/made

The contract helps to improve patient access to GP Services, improve population health, including mental health, and mitigate health inequalities. It enhances the GP role to make the profession an increasing attractive career choice for new and existing GPs. It reduces the risks of becoming a GP Partner, increases the stability of General Practice funding, provides increased transparency on workforce and activity data, improves practice sustainability and improves practice infrastructure.

The team of healthcare professionals working in general practice such as practice nurses, physiotherapists and pharmacists is being expanded. This means that people who need to see a doctor will get more time for consultation and that other patients get better access to the right specialist support quickly.

Other Contractors

NHS dental examinations are free in Scotland.

The criteria for exemption from NHS dental charges is the same across the UK. However, for those who are required to pay; in Scotland a patient will pay 80% of the cost of their NHS dental treatment up to a maximum of £384 per course of treatment

NHS eye examinations are free in Scotland to anyone ordinarily resident in the UK or who is in one of the categories for exemption from NHS charges set out in the NHS (Charges to Overseas Visitors) (Scotland) Regulations 1989. This ensures there is no financial barrier for such people accessing eye care in the community.

Optical vouchers to help with the cost of purchasing spectacles or contact lenses are available to eligible people, including:

children aged under 16; people aged under 19 and in qualifying full-time education; people who require complex lenses; people (and their partner) receiving Income-related Employment and Support Allowance (ESA), Income Support, Income-based Jobseeker’s Allowance (JSA) paid on its own or with contribution-based JSA, Pension Credit Guarantee Credit paid on its own or with Savings Credit, Universal Credit and meeting qualifying conditions; people who are entitled to, or named on, a valid NHS Tax Credit exemption certificate; people who are on a low income and named on a valid HC2 (full help) or HC3 (partial help) certificate.

Prescription charges were abolished in Scotland in 2011.

Access to Medicines

The Scottish Medicines Consortium (SMC) is the national consortium who provide advice on the clinical and cost-effectiveness of all new medicines and newly licensed indications for NHS Scotland. It provides advice to the 14 Health Boards in Scotland. The equivalent in England is the National Institute for Health and Care Excellence (NICE). NICE do not currently consider all new medicines or newly licensed indications, although they are looking to extend this to all new medicines.

In Scotland, the SMC use a single technology appraisal (STA) system which assesses a single technology for a single indication. NICE use the single technology appraisal process too but also may use the Multiple Technology Appraisal (MTA) which normally covers more than one technology, or one technology for more than one indication.

Both the SMC and NICE use Quality Adjusted Life Years (QALY) to measure health outcomes when assessing new medicines, however whilst the SMC has no threshold when considering new medicines, NICE sets a threshold of £20,000-£30,000 where medicines within this value are more likely to be accepted for use in NHS England. The SMC has a range of flexibilities (called modifiers) that they can use to inform their decision making.

Whilst the SMC considers only medicines, NICE also considers medical devices and diagnostic tests. In Scotland the Scottish Health technology Group consider devices.

Once guidance is published, it is a mandatory requirement for NHS organisations in England and Wales to provide funding for medicines and treatment recommended by NICE. The advice published by the SMC to the 14 Health Boards is advisory. However, NHS Boards are expected to reach a decision within 90 days of being informed of the SMC recommendation (the recommendation is confidential for the first 30 days) and publish their decision.

The SMC also have introduced a new ultra-orphan pathway for medicines used to treat very rare conditions. NICE use a highly specialised technology assessment process which has an QALY threshold of around £100,000. The SMC do not have a threshold for ultra-orphan medicines. NICE also has a QALY threshold of £50,000 for end of life medicines. The SMC again doesn’t have a threshold.

As is the case in England and Wales, there are individual routes to access medicines not available on the NHS in Scotland on a case-by-case basis but the processes differ.

Maternity Services in Scotland

Maternity services in relation to midwifery provision is as for the Consolidated report in that Midwifery and Health visitors are bound by NMC regulation that applies to the four countries. While policy varied the provision by the midwifery and health visiting professionals is governed by the same regulation.

Legislation addressing discrimination that is Scotland specific: Breast Feeding Act

An Act of the Scottish Parliament to make it an offence to prevent or stop a person in charge of a child who is otherwise permitted to be in a public place or licensed premises from feeding milk to that child in that place or on those premises; to make provision in relation to the promotion of breastfeeding; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 18th November 2004 and received Royal Assent on 18th January 2005

Best Start Grant (covered in the ESSILO contribution)

In addition, this is linked to the Best Start Foods. Best Start Foods (BSF) will provide weekly payments worth £4.25 to eligible families where the mother is pregnant and/or has children aged under three. These payments will be pre-loaded on to a smartcard every four weeks and can be used to purchase a range of healthy foods. To qualify, families must have been awarded at least one of the qualifying benefits. it will replace the UK Government's Healthy Start Vouchers scheme.

DUTIES TO PROVIDE MATERNITY CARE IN SCOTLAND

In Scotland, the National Health Service (Scotland) Act 1978 Act applies. The relevant sections are sections 38 and 38A. Section 38 places a duty on the Scottish Ministers to make arrangements to such extent as they consider necessary for the care (including in particular dental and medical care) of expectant mothers and nursing mothers and of young children. Section 38A was introduced in 2005 and places Ministers under a duty to make arrangements, to such extent as they consider necessary to meet all reasonable requirements, for the purpose of supporting and encouraging the breastfeeding of children by their mothers.

Health care is delivered by the territorial Health Boards in Scotland which are established by Ministers under section 2 of the 1978 Act. Article 4 of the Functions of Health Boards (Scotland) Order 1991 specifies the health functions which Boards are to carry out (functions flow from Ministers to Boards). Article 4(e) and (ea) include the duties at sections 38 and 38A of the 1978 Act (article 4(eb) includes also the function in section 38A(2) regarding the dissemination of information about breastfeeding).

Regulation of midwifery and maternity services, employment rights etc.

The regulation of groups of healthcare professionals (excluding those newly created since the Scotland Act 1998) is reserved to Westminster. The Nurses, Midwives and Health Visitors Act 1997 makes provision for the regulation of the relevant professions.

Employment law is also reserved and the subject matter of the Employment Rights Act 1996 is specifically reserved. That Act extends to Scotland as well as England and Wales.

Patient charges

In Scotland the relevant regulations are the National Health Service (Charges to Overseas Visitors) Regulations 1989. Medical treatment, including hospital treatment, is provided by Health Boards on the NHS in Scotland by virtue of the Functions of Health Boards (S) Order 1991. Section 36 of the 1978 Act places Ministers under a duty to provide (to such extent as they consider necessary to meet all reasonable requirements) accommodation, specifically hospital accommodation and premises other than hospitals at which facilities are available for any of the services provided under the 1978 Act and medical, nursing and other services whether in such accommodation or premises or in the home of the patient or elsewhere.

Boards are required to provide health services (as specified in the 1991 Order) to persons who are ordinarily resident in the Health Board area and to persons who reside ordinarily outside the UK but who are in the HB area. For A&E services Boards must provide/ secure the provision of A&E for all persons in the Board area.

Healthcare charges, including charges for maternity services apply to overseas visitors, who are not included in the exempt services or persons listed in the Scottish overseas visitors charging regulations, or where they are not covered by reciprocal healthcare arrangements (both with the EEA and other parts of the world).

However, Scottish policy is that because of the severe health risks associated with conditions such as eclampsia and pre-eclampsia, maternity services, even in early pregnancy, should always be considered to be immediately necessary treatment and must not be withheld if the woman is unable to pay in advance. No woman must ever be denied, or have delayed, maternity services due to charging issues.

Mental Health

Scotland’s main source of mental health law, the Mental Health (Care and Treatment) (Scotland) Act 2003 is a complex and comprehensive piece of legislation. Its overarching approach is to ensure that the law and practice relating to mental health should be driven by a set of principles, particularly minimum interference in individual liberty and the maximum involvement of service users in any treatment.

SOCIAL SECURITY

2020 Update

Full responsibility for disability benefits for people living in Scotland transferred to Scottish Ministers on 1 April 2020 in line with existing legislation. It had been agreed that The Department for Work and Pensions (DWP) would continue to deliver Disability Living Allowance, Personal Independence Payment, Attendance Allowance, Severe Disablement Allowance and Industrial Injuries Disablement Benefit on behalf of the Scottish Government under Agency Agreements. This is under the same rules as for people living in England and Wales on an interim basis while the replacement Scottish benefits are introduced.

This is similar to how the Scottish Government has continued to deliver Carer’s Allowance in Scotland since September 2018.

On 1 April, the Scottish Cabinet Secretary for Social Security and Older People, Shirley-Anne Somerville, announced that the introduction of replacement disability benefits in Scotland were being paused given the impact of the Coronavirus COVID-19 outbreak. DWP will continue to make payments to Scottish customers as usual, ensuring financial continuity for them under the same terms as customers in England and Wales.

DWP and Social Security Scotland are working closely together to ensure the delay does not impact customers and to support the safe and secure transfer of customers to Social Security Scotland in due course.

The Social Security (Scotland) Act 2018

Competence for the administration of eleven UK social security benefits, approximately 15 per cent of the UK’s total social security spending, was devolved to Scottish Ministers by the Scotland Act 2016. The Social Security (Scotland) Act 2018 (‘the Act’), received Royal Assent on 1 June 2018 and is the statutory framework under which regulations for each devolved form of assistance will be made. The Act also confers a power on Scottish Ministers to ‘top up’ benefits reserved to the UK.

The Act details eight ‘Social Security Principles’, including recognition of the human right to social security and respect for the dignity of individuals. It placed a duty on Scottish Ministers to produce the Social Security Charter, and established an independent scrutiny body named the Scottish Commission on Social Security.

Novel forms of Scottish assistance and devolved replacements for UK benefits are being phased in gradually, with the Scottish Government taking over responsibility for delivering payments from DWP on a benefit-by-benefit basis, with an emphasis on a safe and secure transition from DWP to Social Security Scotland.

The Act is available at www.legislation.gov.uk/asp/2018/9/contents/enacted. In this document references to ‘the Act’ mean the Social Security (Scotland) Act 2018.

The Social Security Charter

S15 of the Act (www.legislation.gov.uk/asp/2018/9/section/15/enacted) places a duty on Scottish Ministers to produce a Social Security Charter which sets out what should be expected from the Scottish Ministers in developing policy and exercising the functions conferred on them by the Act, and from the individuals who apply for and receive assistance from the Scottish social security system. S15(3) states that the Charter is to reflect the Social Security Principles contained in the Act.

The Charter is intended to act as a bridge between the high-level principles detailed in the Act and the day-to-day delivery of devolved social security in Scotland. The purpose of the Charter is to explain in clear terms what the Scottish system of social security will do to give practical effect to the Social Security Principles.

In accordance with the duty placed on Scottish Ministers by s16 of the Act (www.legislation.gov.uk/asp/2018/9/section/16/enacted), the Charter was co-produced with a group of individuals with lived experience of the UK social security system. A core group of 30 people with lived experience of social security, drawn from a wider group of 2,400 individuals carefully balanced to reflect a broad range of experiences who fed into policy development through a series of ‘experience panels’, participated in the charter’s design and development.

There are strong accountability provisions relating to the Charter in the Act. The charter and subsequent reviews must be approved by the Scottish Parliament. Both the Scottish Ministers and an independent scrutiny body, the Scottish Commission on Social Security (SCoSS), must each report regularly to the Scottish Parliament on the Scottish social security system’s performance against the Charter. Organisations will be able to submit evidence to SCoSS for investigation where they believe the system is frequently falling short of the expectations set by the Charter.

A new core group, including some of the people who participated in first core group on the Charter’s development, is currently working with the Scottish Government to produce a measurement framework for use in assessing whether the Scottish social security system is in fact delivering on the commitments expressed in the Charter.

A copy of the Charter is available at www.gov.scot/publications/charter/.

Social Security Scotland

Social Security Scotland is a new executive agency of the Scottish Government, set up to ensure that Scottish social security payments are managed correctly and fairly. The way these payments are administered is directed by the Principles in the Act and the commitments in the Social Security Charter.

The Agency’s first priority is to ensure the safe and secure transition of all devolved benefits to the 1.4 million people who may be relying on this support currently. In May 2018, it was estimated that from 2021/22 the value of the payments made by Social Security Scotland would be in the region of £3.5 billion per year. The interim Corporate Plan (available at www.socialsecurity.gov.scot/what-we-do/corporate-publications/corporate-plan) sets out the agency’s strategic objectives.

Headquartered in Dundee, the agency also has a base in Glasgow, and staff recruitment and identification of additional operational locations is currently ongoing. As of 31 March 2019, the agency employed a total of 404 staff: 232 in Dundee and 152 in Glasgow, with a further 20 staff employed in the local delivery of services. As of the end of June 2018 it is currently delivering the Carer’s Allowance Supplement, the Best Start Grant Pregnancy and Baby Payment, Best Start Grant Early Years Payment and Best Start Grant School Age Payment, with the Young Carer’s Grant and Funeral Expense Payment scheduled for delivery in autumn 2018.

More information is available at www.socialsecurity.gov.scot/.

Redeterminations, appeals and complaints

Any determination made by Social Security Scotland can be challenged, with or without further evidence, and the challenge will be considered independently and afresh by a dedicated team separate from the original case manager in a process known as re-determination. If an applicant is still dissatisfied with the outcome of the re-determination, an appeal can be made to the independent First-tier Tribunal for Scotland. A new specialist Social Security Chamber has been created in the Scottish Tribunals system for the purpose of hearing these appeals.

Provisions relating to re-determinations appear in ss41-45 of the Act (www.legislation.gov.uk/asp/2018/9/part/2/chapter/3/crossheading/redetermination-by-the-scottish-ministers/enacted). The timescales for re-determinations are set out in regulations relative to the form of assistance in question. For Best Start Grant and Funeral Support Payment, an individual has 31 calendar days to request a re-determination and Social Security Scotland has 16 working days to carry it out.

Ss46-49 (www.legislation.gov.uk/asp/2018/9/part/2/chapter/3/crossheading/appeal-against-the-scottish-ministers-determination/enacted) provide a right for an individual to appeal to the Tribunal if they are dissatisfied with a re-determination, or if the re-determination has not been carried out within the prescribed timescales. An individual has 31 calendar days from the date they are notified about the outcome of a re-determination to make an appeal. If an individual makes an appeal after the 31 days, Social Security Scotland will forward on the appeal and relevant information to the Tribunal within 7 days, which will then decide whether to accept the late request.

The Scottish Government has committed to providing Short-term Assistance (STA) where Social Security Scotland has made a decision to reduce or stop an on-going entitlement and that decision is subject to a request for re-determination or an appeal. Short-term assistance will in effect maintain the amount paid to an individual at its original level until that individual’s re-determination rights and appeal rights to the First-Tier Tribunal for Scotland have been exhausted. The policy intention is to ensure that an individual is not discouraged from challenging a decision or from accessing administrative justice by having to manage, for a period, with a reduced income. Short-term Assistance has no equivalent in the DWP system.

As a public body in Scotland, Social Security Scotland’s complaints process complies with the Scottish Public Services Ombudsman’s (SPSO) complaints handling procedure. The SPSO procedure requires a 2-stage internal complaints process that aims to resolve complaints at the first point of contact if possible. A client can choose to provide their details or make the complaint anonymously.

Carers Allowance Supplement

The Carer’s Allowance Supplement (CAS) is a payment made twice annually to individuals identified by the Department for Work and Pensions (DWP) as living in Scotland and in receipt of the DWP benefit Carer’s Allowance (CA). CAS was introduced in September 2018, increasing the level of CA in Scotland by 13 per cent.

CAS put an extra £442 into the pockets of 83,000 carers in 2018/19, increasing the level of CA (£64.60 per week) to the same level as Jobseeker’s Allowance (£73.10 per week). The payment is intended as an interim measure until the Scottish Government assumes full responsibility for delivering Carers Allowance, which is one of the eleven UK benefits being devolved. An agency agreement is in place under which DWP identifies eligible individuals for payment on behalf of Social Security Scotland, which makes the payments to those eligible individuals. CAS is paid as a lump sum amounting to six months’ payments on a qualifying date within a six month period. Qualifying dates for the duration of the agency agreement with DWP are 16 April and 15 October 2018, 15 April 2019 and 14 October 2019.

The Scottish Government has committed to increasing the value of CAS in line with inflation each year – an increase of 2.4 per cent from 2018/19 to 2019/20.

The legislative basis for CAS is s81 of the Social Security (Scotland) Act (available at www.legislation.gov.uk/asp/2018/9/section/81/enacted).

Best Start Grant

The Best Start Grant (BSG) is one of a range of measures aimed at giving children the best start in life and offers financial support to families on certain benefits and tax credits. The BSG is one of the actions in the Scottish Government’s Tackling Child Poverty Delivery Plan, Every Child, Every Chance.

Scottish Fiscal Commission projections published on 30 May 2019 (www.fiscalcommission.scot/media/1499/scotlands-economic-and-fiscal-forecasts-may-2019.pdf) show that the BSG package will provide support to 40,000 to 50,000 families in 2019-20, backed by investment of around £21 million. The extra money will help decrease financial pressures on the household, which can have negative effects on maternal health, mental health, parenting skills and family relationships.

Split into 3 payments, the BSG provides support during key transition points in a child’s early years. The Pregnancy and Baby Payment replaces the DWP benefit Sure Start Maternity Grant in Scotland. It opened for applications on 10 December 2018 and helps with expenses in pregnancy or of having a new child. It provides £600 for a first child and £300 for second and subsequent children, lessening the financial burden on lower income families expecting or with a new child. The application window is between the 24th week of pregnancy and 6 months after birth. The payment also provides support for people who have had a still birth. Regulations are available at www.legislation.gov.uk/ssi/2018/370/contents/made, with amending regulations available at www.legislation.gov.uk/sdsi/2019/9780111040539.

The Early Learning Payment opened for applications on 29 April 2019 and provides £250 per child to support child development, for example travel costs, changes of clothes for messy play, trips out and toys for home learning. The long application window, from 2-3½, captures the 2 common ages for starting nursery. There is no requirement to take up a place at nursery to qualify for a payment.

The School Age Payment opened for applications on 3 June 2019 and provides £250 per child to help with the costs of preparing for school. Eligibility for the School Age Payment is based on the child’s age and relates to when a child is first old enough to start school, which is usually between the ages of 4.5 and 5.5. It is not a condition of the grant that a child starts school in order to receive a payment.

The amending regulations which introduced the Early Learning and School Age Payments are available at www.legislation.gov.uk/sdsi/2019/9780111040546.

Young Carer Grant

The Young Carer Grant (YCG) is a new form of assistance. It will help eligible young carers with a payment of £305.10, which can be applied for annually, to help them access life opportunities that are the norm for many other young people. The grant is available to young carers who provide care to a person(s) normally paid a qualifying disability benefit, care for an average of 16 hours a week and to those who do not qualify for Carer’s Allowance.

Young carers are able to combine the number of hours spent providing care for up to three people in order to meet the 16 hours eligibility criteria. The grant is available to all eligible young carers aged 16-18, regardless of their educational or employment status. The Scottish Government intends that the Grant help young carers to look after their own health and wellbeing, improve their quality of life and reduce any negative impact of caring, participate fully in society and, if they choose, engage in training, education and employment opportunities, as well as social and leisure, and have an increased sense of control and empowerment over their lives.

The YCG regulations, made under s28 of the Act, were laid in the Scottish Parliament on 21 June 2019 and are available at www.legislation.gov.uk/sdsi/2019/9780111042496/contents.

Funeral Support Payment

The policy objective of the Funeral Support Payment (FSP), which will replace the DWP benefit known as the Funeral Expenses Payment in autumn 2019, is to provide a one off payment to support people on low income benefits by providing a contribution towards the cost of a funeral. The Scottish Government recognises the impact of rising funeral costs on families on low incomes and the long term effect this can have on their finances, and on how they experience grief. FSP is intended to help improve the outcomes for families or friends of the deceased by alleviating the burden of debt they may face when paying for a funeral.

An individual living in Scotland, or that individual’s partner, who has accepted responsibility for the costs of the funeral of an individual who lived in the UK, may qualify for FSP. Either the individual or their partner must be in receipt of one of a number of qualifying benefits to be eligible. FSP has three elements: an uncapped payment for burial or cremation and associated costs, a payment for travel costs incurred, and a flat-rate payment of £700 (or £120 if the deceased person had an existing funeral plan) for other costs incurred in connection with the funeral.

Draft FSP regulations made under s34 of the Act (www.legislation.gov.uk/sdsi/2019/9780111040461/contents) were laid in the Scottish Parliament on 18 January 2019.

Future plans

Policy development is currently ongoing for the social security powers which have been devolved to Scottish Ministers, and the remaining forms of assistance are planned for introduction in Scotland over the coming years. As such, detailed dates for the launch of the remaining forms of assistance have yet to be finalised.

RESEARCH / EVALUATION

Experience Panels

Scotland's social security system is being shaped by people with direct experience of the current benefits system through the use of Experience Panels. The volunteer Experience Panels were set up for four years in 2017. More than 2,400 volunteers from across Scotland have signed up to participate in the process. Experience Panels participate in research on a range of topics, such as the design of individual forms of assistance or Social Security Scotland’s approach to operational delivery.

Reports on the research already carried out with Experience Panels are available at www.gov.scot/publications/social-security-experience-panels-index-of-publications/. The research plan for 2019/20 is available at www.gov.scot/publications/social-security-experience-panels-research-plan-2019-2020/.

Evaluations

Information on evaluation of policy impact of devolved benefits can be found here: https://www.gov.scot/publications/evaluating-policy-impact-devolved-benefits/

OTHER

Universal Credit Scottish Choices

Sections 29 and 30 of the Scotland Act 2016 allow Scottish Ministers to introduce flexibilities in relation to Universal Credit (UC) with regard to the person to whom, and the time when, UC is to be paid, and to vary the amount of housing costs paid to people in receipt of UC. Since 4 October 2017, people in Scotland have had the choice to receive their UC award either monthly or twice monthly and to have the housing costs in their UC award paid directly to their landlord in both the privately and socially rented sectors. These are known as the UC Scottish choices.

The Department for Work and Pensions (DWP) delivers the UC Scottish choices on behalf of the Scottish Government. The UC Scottish choices give people more choice and control over UC payments, as well as helping safeguard tenancies and preventing the build-up of rent arrears. The Scottish Government has committed to abolish the bedroom tax at source within the UC system. On 19 September 2017 it was announced that the Scottish and UK Governments had agreed a solution to abolish the bedroom tax in UC, in a way which would not be limited by any interaction with the benefit cap. Those affected will receive one UC payment that includes both the main UC award, and the additional Scottish Government funding.

The Scottish Government also intends to introduce split payments of UC to give everyone access to an independent income and to promote equality in the welfare system, and is currently actively working with the DWP to develop options for how this could be delivered.

FAIR START SCOTLAND

In April 2019, following the devolution of contracted employment support from the UK government to Scotland, a new Scottish employability service commenced. Fair Start Scotland aims to support a minimum of 38,000 people, who want help to find and stay in work and for whom work is a reasonable objective.

We are investing up to £96 million over five years (Providing an additional £20 million in each year of this Parliament – and almost trebling the funding allocated by the UK Government through Department of Work and Pensions) to ensure that devolved employment services are funded appropriately and that every eligible person who could benefit from Fair Start Scotland is able to do so.

We have established a distinctly Scottish employability service, creating a strong platform for future services, focussing support on those further from the labour market for whom work is a realistic prospect. It aims to support people to achieve their full potential and deliver Scottish Government priorities on halving the disability employment gap, sustainable economic growth, fair work and social justice.

We are delivering a high quality service that maximises delivery of real and sustained job outcomes to targeted individuals, treating them with fairness, dignity and respect. The wholly voluntary service, meaning that participants are not at risk of benefit sanctions if they leave early or choose not to join - is consistent across Scotland but delivered locally, utilising private, public and third sector capabilities. It offers both 12 – 18 months pre-employability support followed by in-work support, recognising that we need to allow enough time for enough people to achieve outcomes.

Annex 2: Responses to requests for further information

Parts III (Sickness benefit) and IV (Unemployment benefit), Articles 15 and 21 of the Code. Persons protected. Rolling out the UC. In its previous request, the Committee requested the Government to provide information on the protection available in case of sickness under Parts III and IV of the Code for persons not covered by the UC. The Committee notes the Government’s indication that UC is currently being phased in on the United Kingdom territory and that it is foreseen to be fully implemented by the end of 2023. The Government further indicates that the persons who are not yet entitled to claim UC or who are already in receipt of one of the former income-based benefits (“legacy” benefits) may claim or continue to receive one of those benefits. The Government also points out that no one who is moved to UC will have a lower level of entitlement to UC than had been the total level of their entitlement to their existing benefits at the point that they move. The Committee takes due note of this information and requests the Government to continue providing information on the implementation of the UC and on the number of residents protected under the UC.

UK Response

Timetable for the move to UC (from legacy benefits):

Regulations to commence the move to UC of existing benefit claimants who have had no change in circumstances came into force in July 2019. Initially we will be conducting a pilot of up to 10,000 claimants that will be moved to UC. The pilot began in Harrogate on 24^th July 2019. Due to the Covid-19 pandemic the pilot was temporarily suspended and the UK Government is currently assessing when it will recommence. The Government will report on its findings to Parliament and bring forward legislation for the wider roll out of managed migration. Before the Covid-19 pandemic it had been announced that the move to UC of all existing claimants will be completed by September 2024. The Government is also assessing the impact of suspending the pilot on the date of completion.

The UK Government has given a commitment that no eligible claimant who is moved to UC as part of the managed migration process will have a lower level of entitlement to UC than had been the total level of their entitlement to their existing benefits at the point that they move. Where necessary we will provide transitional protection as part of the UC award to ensure that this is the case.

Households on Universal Credit

January 2020 (r)	February 2020 (r)	March 2020 (p)	April 2020 (p)	May 2020 (p)
2453716	2574512	2698419	3756624	4239779

R=Revised P=Provisional

The significant increase reflects the large volume of new UC claims due to the COVID 19 pandemic.

Parts III (Sickness benefit) and IV (Unemployment benefit) in conjunction with Article 68 of the Code. Suspension of benefit. (i) Claimant Commitment. In its previous conclusions, the Committee noted that in accordance with the Claimant Commitment, if either adult in a couple did not meet the requirement of Claimant Commitment, the entitlement of the other claimant also ended. The Committee recalled that the Code did not allow withdrawal of sickness or unemployment benefits to which a person protected otherwise would be entitled, for the reason that his or her partner did not comply with certain rules. The Committee notes from the information provided by the Government that a couple living in the same household makes a joint claim for UC and that each member of a couple has his or her own Claimant Commitment, being an equal claimant and therefore, jointly and individually liable. The Government further points out that acceptance of the Claimant Commitment is a legal condition of entitlement for UC for the full household. Thus, the Government specifies, in a household with two adult claimants, where one of the claimants does not accept his or her Claimant Commitment, this may result in the household (both adults) not being eligible for UC. The Committee also observes that section 3(3) of the Universal Credit Regulations of 2013, lists a number of cases in which a person who is a member of a couple may make a claim as a single person, for example, if the person is not in the United Kingdom, under 18 years or a prisoner. The Committee recalls that the Code does not allow the suspension of the benefit for causes other than those mentioned in Article 68 of the Code and that failure by another person to accomplish certain formalities should not deprive a person protected to his or her own right to sickness or unemployment benefit when he/she meets the qualifying conditions set forth in Part III or IV of the Code, respectively.

The Committee thus requests the Government to indicate whether it is possible, in other cases than those specified in section 3(3) of the Universal Credit Regulation of 2013, for a person to make an individual claim despite living in the same household as his/her partner.

UK Response

There are no other cases, other than those specified in section 3(3) of the Universal Credit Regulation of 2013, for a person to make an individual claim for UC when living in the same household as his/her partner.

Individuals may be eligible for contributory Employment and Support Allowance or contribution-based Jobseeker’s Allowance in their own right, as long as they satisfy the contribution-based conditions – (which include having previously paid sufficient National Insurance contributions of the relevant category) - and the other entitlement criteria. These benefits are personal benefits. They are affected neither by the capital of the claimant or his/her partner (if any), nor by the level of any partner’s earnings; and the claimant’s partner (if any) is not required to sign a Claimant Commitment.

Statutory Sick Pay is a statutory payment that employers are required to pay all eligible employees. It is paid to an individual by the employer with their salary. It is not affected by his/her partner’s circumstances and there is no requirement to accept a “claimant commitment”.

(iii) Work-related requirements in case of unemployment. In its previous conclusions, the Committee noted that the requirements to take up a job of a similar nature, or level of remuneration, to that of the previous work is applied for no more than three months beginning with the date of claim and only if the Secretary of State is satisfied that the claimant will have reasonable prospects of obtaining paid work in spite of such limitations (section 97 of the Universal Credit Regulations of 2013 and section 95 of the Universal Credit Regulations (Northern Ireland) 2016). The Committee requested the Government to ensure that, in practice, persons protected were not requested to accept unsuitable employment during the initial period of unemployment protected by Article 24 of the Code. The Committee notes the indication by the Government that under section 97(4), (5) and (6) of the Universal Credit Regulations of 2013 and section 95(4), (5) and (6) of the Universal Credit Regulations (Northern Ireland) of 2016, restrictions on the type of work and the salary may be permitted where claimants have: (1) a strong and sustained work history in a specific occupation; (2) a health condition which may prevent them undertaking certain work or in certain locations. The period during which such restrictions are applied (“permitted period”) is up to three months at the discretion of a work coach who tests claimants’ prospects of finding this type of work. The Committee notes the explanations provided by the Government in this regard, specifying that the permitted period is at the discretion of a work coach, as in some circumstances an inflexible approach (limiting the work of a similar nature or level of remuneration to the previous work) could hinder an individual’s ability to find work and damage future employment prospects by creating a longer spell of unemployment. The Committee further notes that if a claimant fails to comply with work-related requirements for no good reason, the amount of UC benefit is to be reduced for a certain period, in accordance with sections 26 and 27 of the Welfare Reform Act of 2012, however there is still underlying entitlement to UC benefit. Noting that, according to the information provided by the Government, UC is a means-tested benefit, the Committee recalls that Articles 20 and 24(1)(b), in conjunction with Article 68 of the Code provide protection against the suspension of unemployment benefit or the reduction of such benefit below the minimum level set out in its Article 22 (and the Schedule to Part XI), in case of refusal from the beneficiary to take up unsuitable employment, at least during the first 26 weeks of benefit payment.

In light of the above, the Committee requests the Government to provide information on the amount and duration of the reduction applied to the benefit in case of refusal by a claimant to take up unsuitable employment, i.e. employment which does not match the criteria set out in section 94 of the Universal Credit Regulations of 2013 and section 95 of the Universal Credit Regulations (Northern Ireland) of 2016. The Committee also requests the Government to consider withholding such sanctions during the first 26 weeks of benefit payment and to provide information of the measures taken or envisaged to this effect.

UK Response

Claimants are not sanctioned for refusing to take up unsuitable employment.

According to article 20, the person must be protected from the contingency of not being able to find suitable employment. Regulation 97(4) provides an opportunity for the claimant to exercise preferences between different forms/types of potentially suitable employment. However, that does not mean anything outside of regulation 97(4) is unsuitable employment. A claimant is only expected to look for and apply for work that they can reasonably do regardless of the length of their claim. As an in and out of work benefit, UC also encourages in-work progression and so claimants are always encouraged to make use of their skills and experience and seek better-paid work throughout their claim. Therefore, a minimum period to look for suitable employment is not strictly relevant because a claimant will always be asked to look for suitable employment and will only be sanctioned if they fail to look for or apply for vacancies that they have agreed are reasonable in their particular circumstances.

Where a claimant believes that they have been asked to apply to, or take up, unsuitable employment and they refuse to do this for this reason, a Decision Maker will take into account the claimant’s explanation of why they think this is unsuitable employment, together with the claimant’s circumstances and the specifics of the employment opportunity and will make a decision about whether the claimant had good reason for refusing the employment opportunity, in which case a sanction will not be applied.

For claimants in the intensive regime, if they fail to apply or accept paid work that is reasonable and suitable in the claimant’s individual circumstances without good reason, they may be subject to a higher level sanction.

For claimants aged 18 and over, higher-level sanctions will be for a fixed duration of either:

• 91 days if there has been no previous higher-level failure in 365 days prior to the current failure date.

• 182 days if there has been a 91 or 182 day, higher-level sanction imposed in the 365 days prior to, but not within 14 days, of the current failure date.

For eligible claimants aged 16-17, each higher-level sanction will be for a fixed duration of either:

• 14 days if there has been no previous higher-level failure in 365 days prior to the current failure date.

• 28 days if there has been a 14 or 28 day, higher-level sanction imposed in the 365 days prior to, but not within 14 days, of the current failure date.

Sanctions amounts are calculated with reference to the Standard Allowance and it will depend on the claimant’s current circumstances, such as what conditionality group they are in, their age and whether they are single or part of a joint claim. The following table shows the percentage of Standard Allowance that is reduced with regards to these factors.

No Work Related Requirements: A claimant cannot be referred for, or have a sanction applied, if they are in No Work Related Requirements (NWRR) conditionality group, including those who are in that group because they are Working Enough. This is because they are not subject to any work-related requirements. However, if a claimant was subject to a sanction whilst in one of the other conditionality groups and reports a change of circumstances which moves them into NWRR, the sanction will follow them and their benefit will continue to be reduced.

The claimant continues to receive other elements of their UC award they are entitled to, which may cover childcare and housing amongst other things.

In UC, sanctions (reductions in benefit) are as a result of claimants, without good reason, failing to complete reasonable requirements, so in effect sanctions would be “withheld” by not setting requirements. There are protections in place to ensure that requirements set are reasonable, as these are framed in conditionality legislation, agreed in discussion between the work coach and claimant, accepted by the claimant in a tailored commitment, and if a claimant fails to comply, the requirement is reviewed for reasonableness alongside any good reason defence.

(d) Article 69 of the Code. Right to complain and appeal. In its previous conclusions, the Committee requested the Government to provide statistical data on the number of reconsiderations and appeals lodged by the UC claimants and of initial decisions which have been overturned as a result of reconsiderations and appeals. The Committee notes the Government’s indication that there are no obstacles to anyone on UC exercising their right to complain and appeal. The Committee further notes that the recourses available to claimants take the form as a first step of a mandatory reconsideration, which in a second stage can be appealed to courts or tribunals. With respect to mandatory reconsideration, the Government indicates that whilst statistics on it are not currently publically available, the DWP has committed to publish data as a part of the Department’s annual report. With respect to appeals, the Government indicates that in 2017–18, there were 6,308 UC appeals received by Her Majesty’s Courts and Tribunals Service, with the overturn rate of 48 per cent whereas in 2018–19, there were 11,684 UC appeals received, with an overturn rate of 58 per cent. The Government points out that it does not have figures on how many of these were represented but it is unlikely that it was the majority. The Government also points out that £1.6 billion was spent on legal aid and that it is committed to ensure that help continues to be available in the future. In addition, it indicates that the Ministry of Justice has committed to pilot the reintroduction of face-to-face early legal advice in an aspect of social welfare. In particular, this pilot will be evaluating the impact of early legal advice in promoting the early resolution of problems. The Committee takes note of this information and invites the Government to provide information on the outcome of the pilot evaluation, notably with respect to its impact on the provision of UC benefits.

UK response

The pilot has not taken place.

The February 2019 Legal Support Action Plan set out public commitments to trial different methods of legal support and evaluate their effectiveness, including piloting the reintroduction of early legal advice in an aspect of social welfare. Work continued to deliver these pilots up until the advent of the Covid-19 pandemic, which meant it was no longer appropriate or practical to continue with the majority of that work – particularly areas involving a face-to-face element.

Up until Covid-19, we had been working closely with other government departments and external stakeholders who then began responding to the Covid-19 crisis, and it would have been inappropriate to pressure them further. The issues covered by the pilot (social welfare) are still relevant, not least as we have recently seen a significant increase in those applying for benefits. However, we will need to review whether in light of the change of legal needs and more urgent pressure on the legal and advice sector, whether the previous objectives of the early legal advice pilot go far enough to address concerns.

Discussions on how the pilot could be adapted in light of the impact of Covid-19 are ongoing. As of now, no decision has been taken yet on its future shape as our focus has been on providing emergency support to the advice sector, as outlined below.

In May, the Ministry of Justice announced it is providing £5.4m in grant funding for not-for-profit providers of specialist legal advice. The funding is being directed at addressing immediate cashflow issues, enabling providers in the advice sector to avert closure and continue to provide important advice services throughout the pandemic and its aftermath, including in the area of social welfare law.

This funding is enabling some organisations to invest in the relevant technology they need to enable them to deliver their services remotely. This includes computers, smartphones, and all relevant software. Some recipients are also using it to expand their operations to meet growing legal need caused by Covid-19.

The monitoring and evaluation we are conducting on this grant funding will contribute to our understanding of how the pandemic has affected demand for social welfare related advice. This will also help us to develop our longer-term approach to addressing this legal need.

It also requests the Government to continue supplying data on the number of mandatory reconsiderations and appeals lodged by the UC claimants with the number of initial decisions which have been overturned as a result of mandatory reconsiderations and appeals.

UK response

With respect to mandatory reconsideration, in in 2019/2020 DWP made 161,200 decisions. With respect to appeals, in 2019-20 there were 23,450 appeals received, with an overturn rate of 64 per cent.

(e) Articles 70(3) and 71(2) of the Code. General responsibility of a State for due provision of benefits and proper administration. (i) Delay for first payment to be made. In its previous conclusions, the Committee requested the Government to clarify whether there is any waiting period for sickness and unemployment benefits set out in the national legislation and its duration. The Committee notes the Government’s indication that waiting period for the entitlement to UC benefits was abolished from 14 February 2018. With respect to the time required to process UC claims and to make the first payment to new claimants the Committee notes that claimants receive their first payment five weeks after the point of claim, as an assessment period of a calendar month is needed to calculate entitlement, followed by one week of payment processing. During this period, claimants can apply for advance payments corresponding to up to 100 per cent of the total expected monthly award, which can be paid back over a period of up to 12 months, and up to 16 months from October 2021. The Committee further notes the indication by the Government that the offer of an advance is subject to checks to make sure that the claimant can afford the repayments and that around 60 per cent of new claimants eligible to UC receive such advance.

The Committee requests the Government to indicate whether the UC benefit is paid retroactively from the day the claim is made, in respect of the five weeks comprising the assessment period and payment processing during which advances are provided. While noting that the UC is at the inception stage, the Committee hopes that the Government will consider reducing the five-week delay for payment of the UC benefit as soon as possible with a view to avoid hardship for the persons protected who are essentially persons with small means.

UK Response

All claimants are entitled to Universal Credit from the first day they claim, as we have removed the 7 days some had to wait prior to 14 February 2018. Claimants can also apply to get a Universal Credit payment to cover up to 1 month before they started their claim - this is called 'backdating'. The claimant (or both claimants if a couple) need a good reason for not claiming earlier. Payments are made retroactively.

We continue to pay Housing Benefit and other DWP legacy benefits for two weeks when people move to Universal Credit.

(ii) Digital service. In its previous conclusions, the Committee requested the Government to explain the measures envisaged to improve digital assistance for UC claimants and beneficiaries. The Committee notes, as indicated by the Government and on the Government’s website that all UC claimants have to have an online UC account to manage their claims and that the UC “live service” is no longer available for new claims (https://www.gov.uk/guidance/universal-credit-full-service-and-live-service). The Committee further notes the indication by the Government that the organization Citizens Advice (England and Wales) and Citizens Advice Scotland is mandated and funded by the Government to deliver new “Help to Claim” support to claimants making a new UC claim on a test basis for 12 months since April 2019. As further specified by the Government, “Help to Claim” offers tailored, practical support to help people make a UC claim up to receiving their first full correct payment on time and is available online, through web-chat, through a Freephone number and face to face through local Citizens Advice services. While noting the availability of support to claimants to use online facilities, the Committee observes that full digital service may limit the effective access of certain persons to UC benefit, due, in particular to the costs associated with the use of the Internet and the purchase of a computer and other information and communications technology equipment. The Committee further observes that persons who are not computer literate or who have a disability or a sickness which makes the use of a computer difficult may also be prevented from making a claim or accomplishing the required formalities for entitlement to the benefit.

Recalling that, in accordance with Article 70(3) of the Code, the State bears the general responsibility for the due provision of the benefits and shall take all measures required for this purpose, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the persons protected who do not have access to a computer or the internet, as well as those who are not able to use it, can effectively access UC. The Committee also requests the Government to provide information on the outcome of the “Help to Claim” support.

UK Response

The main route to access Universal Credit is through digital channels. We actively encourage people to use the service in a digital manner in every instance, but we understand there are circumstances in which this may not be possible.

All Jobcentres across the country have computers and free Wi-Fi, and staff are available to support customers who need help with making their claim digitally and applying for jobs online. This provides access to digital channels in every Jobcentre for claimants to use when they do not have access at home.

A freephone telephone helpline and face to face support are also available for claimants to make and manage a Universal Credit claim.

Help to claim

The latest validated management information shows that Citizens Advice (England and Wales) and Citizens Advice Scotland have supported over 250,000 people through Help to Claim for the period from 1 April 2019 to 31 March 2020. Within this period, over 8 in 10 people who received support rated Help to Claim” as easy” or “very easy” to use, and 9 in 10 people would recommend it.

From 1 April 2020 DWP agreed to provide a second year of grant funding to Citizens Advice and Citizens Advice Scotland to continue to deliver Help to Claim support for a further 12 months up to 31/03/21.

Citizens Advice and Citizens Advice Scotland have responded to the challenge of the Covid-19 pandemic and continue to provide vital support to enable people to successfully make their claims to Universal Credit and prepare for their first payment.

Part V (Old-age benefit), Article 26(2) of the Code. Increased pensionable age. In its previous conclusions, the Committee requested the Government to provide data on the employment, unemployment and economic activity of classes of workers over 65 years of age engaged in skilled and unskilled manual labour, as well as data on the life expectancy and the healthy life expectancy of people aged 65 and over. The Committee takes note of the information provided by the Government on Healthy Life Expectancy, Disability-Free Life Expectancy and employment rate of elderly persons as well as the Government’s indication that it has a number of research projects in the pipeline that are relevant to this question. The Committee further notes that the next review of the State Pension age beyond 65 years is scheduled for 2023 at the latest.

Recalling that Article 26(2) of the Code authorizes an increase of the retirement age beyond age 65 subject to the condition 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, the Committee requests the Government to provide statistical data and calculations to such effect. The Committee also requests the Government to inform it on the outcome of the review of the State Pension age.

UK Response

Increasing State Pension age (SPa)

The age at which men and women in the UK can claim State Pension is currently gradually increasing from 65 to 66. By October 2020, all those born after 6^th October 1954 will be entitled to claim State Pension at age 66.

SPa is legislated to gradually increase to 67 between April 2026 and March 2028 and to increase to 68 between April 2044 and March 2046[30].

The UK’s Office for National Statistics (ONS) publishes population projections for the UK by individual year of age. The latest projections are based upon the UK population in mid-2018[31].

ONS estimate that there are 41.9m people aged 16 to 64, 0.7m aged 65, and 11.9m aged 66 or greater in the UK in July 2020. The SPa was still increasing from 65 to 66 in July 2020 so some 65 year olds would have been above SPa. DWP estimates that around 10% of people aged 65 in July 2020 would be above SPa. This leads to an estimate of 42.5m people aged between 16 and SPa and 11.9m people over SPa.

So we estimate that the number of people aged over SPa in 2020 is approximately 28.1% of the number of people over 15 years of age and under SPa.

The chart below shows how the estimate varies each year through to 2070 under the legislated SPa timetable and under the proposals outlined in the 2017 review.

State Pension age reviews

The UK Government is committed in legislation[32] to conduct a review of State Pension age every six years.

The purpose of the review is to ensure that the State Pension system protects current pensioners, is affordable, sustainable and fair to future tax payers. It is informed by two independent reports from:

· the Government Actuary, using the latest life expectancy projections to determine whether the Government’s specification of the proportion of adult life that on average a person might expect to spend in retirement is met and if not, proposing ways in which the rules may be changed;

· a panel of one or more persons that consider factors that the Secretary of State specifies are relevant to the Review.

The last government review was published in July 2017. It can be found at https://www.gov.uk/government/publications/state-pension-age-review-final-report. An independent report on other specified factors undertaken by John Cridland (https://www.gov.uk/government/publications/state-pension-age-independent-review-final-report) that informed the Government review, recommended that future increases should be appropriately spaced; and increasing the State Pension age from 67 to 68 in 2037–39, seven years earlier than its currently legislated date of 2044–46.

The Government agreed that future increases should be appropriately spaced and committed to undertake a further review before legislating to bring forward the rise in State Pension age to 68, to enable consideration of the latest life expectancy projections. The statutory deadline for the publication of the next government review is 2023.

Article 28, in conjunction with Part XI (Standards to be complied with by periodical payments) of the Code. Replacement rate of old-age benefit. In its previous request, the Committee requested the Government to calculate the replacement rate of the new State Pension (nSP). The Committee notes the Government’s indication that the Pensions Act of 2014 introduced the nSP for people reaching state pensionable age on or after 6 April 2016. The Government further indicates that the full rate of the nSP is based on 35 qualifying years of National Insurance contributions or credits and does not recognize dependants. Transitional arrangements are in place for those who have qualifying years before 6 April 2016, which take someone’s previous National Insurance contributions into account and mean that people could receive less or more than the full rate, depending on their National Insurance record. The Committee notes that the replacement rate of the nSP attains 76.4 per cent for a standard beneficiary of a man and a wife both of pensionable age, who have 30 qualifying years each and did not make National Insurance contributions or get National Insurance credits before 6 April 2016. The Committee further notes the Government’s indication that it is not currently appropriate to prorate the nSP and that data provided on the replacement rate is used to illustrate how the nSP calculation will work in the future using current rates. The Committee also notes that the calculation of the replacement rate are based on the assumption that each member in a couple has completed 30 qualifying years. In this regard, the Government explains that the United Kingdom National Insurance system awards qualifying years for appropriate work, self-employment and other forms of contributions to the United Kingdom society (for example, caring for children, caring for dependent relatives including those with sickness and infirmity, seeking work or unable to work due to health conditions). The Government further points out that where there are two individuals in a household, the nSP system design ensures that each of them can build full entitlement over their working life, whether from work, credits from caring duties and other sources, or a combination of the two. In this regard, the Committee recalls that Part V of the Code does not set out a qualifying period for a dependent spouse based on periods of employment or different forms of contribution, which means that entitlements based on such periods cannot be taken into account for the calculation of the benefit under the Code. The Committee further observes that, according to the information provided by the Government, in the case of a household comprised of one individual, the replacement rate of the old-age pension is 36.7 per cent, which does not attain the 40 per cent replacement rate required by Article 28 in conjunction with Article 65 and the Schedule to Part XI of the Code. The Committee notes however the Government’s indication that couples above state pensionable age with a low income may be entitled to Pension Credit: if their income falls below a minimum amount, which was £248.80 a week for couples in 2018–19, then it will be topped-up to a standard minimum amount.

The Committee therefore requests the Government to provide calculations on the basis of the Pension Credit, in accordance with Article 67 of the Code. The Committee further requests the Government to provide information on the annual increase of Pension Credit as compared to the increase of the cost-of-living index and the index of earnings.

UK Response

As noted in the report, Pension Credit is a non-contributory, income-related benefit that can provide a minimum weekly income for pensioner households of £173.75 for a single person or £265.20 for a couple (at 2020/21 rates) by topping up their other income (if any) to those levels. These minima (referred to as the “standard minimum guarantee” or SMG) can be increased to include additional amounts for specified circumstances, including where the person is severely disabled, is providing care for a severely disabled person, or is responsible for a dependent child or young person in full-time education or training.

Most forms of income, including State and private pension income, are deducted in full when calculating an award of Pension Credit. Some forms of income are however either fully disregarded (such as other benefits intended to meet the additional costs of disability) or disregarded in part. There is no upper limit on the amount of capital a person may have, but an income is assumed from capital at the weekly rate of £1 for every £500 above £10,000.

Pension Credit is, like other income-related benefits, assessed on a household basis, which means that members of a couple (married or unmarried) may not claim separately and the resources (income and capital) of both partners are taken into account in the assessment. There is therefore no set amount of Pension Credit that may be awarded, as it will vary according to individual circumstances.

“Replacement rate” calculation – based on 2019 report figures and reference wage

Based on the worked example from the 2019 report of a person receiving £140.87 per week State Pension in 2018 and assuming they have no other income, a single pensioner may be entitled to £22.13 per week Pension Credit, topping their income up to the Standard Minimum Guarantee of £163.00 per week (at 2018/19 rates). This would therefore provide, in combination with the State Pension, a replacement rate of 42.5%, thus meeting the Code’s requirements.

A couple with State Pension income of £140.87 per week could be entitled to Pension Credit of £107.93 to top up their income to £248.80, providing a replacement rate, with the State Pension, of 64.9%.

If they were severely disabled and / or had caring responsibilities, they may also be entitled to a disability / carer premium in Pension Credit, receipt of which would take them even further beyond the 40% specified by the requirements of the Code.

Pension Credit uprating

The Standard Minimum Guarantee (SMG) element of Pension Credit must be increased annually at least in line with the growth in average earnings (as is the case for the full rate of the basic and new State Pension - cf. “Pensions Uprating” in Part V – 5). As the State Pension is taken fully into account in the calculation of Pension Credit, where the State Pension is increased by more than earnings under the “triple lock” policy, the SMG is generally increased by the cash equivalent of the increase in the basic State Pension if this is greater than the minimum increase required by law.

Other elements of Pension Credit, such as those payable in respect of severe disability or caring responsibilities, are increased annually in line with the cost of living as measured by the Consumer Price Index.

Annex 3 – supplementary information on the UK’s response to the Covid-19 pandemic

Health measures

The Department of Health and Social Care has been working day and night with the NHS and Public Health authorities to battle against COVID-19, delivering a government strategy designed at all times to protect our NHS and save lives. Our response has ensured that the NHS has been given all the support it needs to ensure everyone requiring treatment has received it, as well as providing protection to businesses and reassurance to workers.

The Government’s strategy, based at all times on scientific advice, has been to stay alert, control the virus, save lives, and avoid or minimise a second wave. Our strategies around controlled relaxations of national measures, local lockdowns and test and trace are all designed to manage that risk.

With NHS services under intense pressure as the virus spread, we ensured that we had as many beds available as possible to care for patients with severe respiratory problems during the COVID-19 pandemic. To enable this, every hospital in England suspended non-urgent elective operations to free up additional capacity needed to assist with the COVID-19 response.

Action to restore those non-Covid-19 services is ongoing, based on clinical urgency, with priority given to the longest waiting patients, specifically those breaching or at risk of breaching 52 weeks by the end of March 2021.

NHS England and Improvement published guidance, ‘Implementing phase 3 of the NHS response to the COVID-19 pandemic’ on 7 August, for restoring NHS services, protecting the most vulnerable from covid-19, and returning to near-normal levels of non-Covid health services, making full use of the capacity available in the “window of opportunity” between now and winter.

£3bn of additional funding was announced in July to support the NHS. This includes ensuring Nightingale hospital surge capacity is available during winter, that the NHS has ongoing access to additional independent sector capacity, and funding to support the safe discharge of patients from NHS hospitals.

The Government announced £300 million of additional capital funding for hospital upgrades to help ensure our NHS is prepared to cope with winter pressures and reduce the risks associated with further outbreaks of Covid. Trusts have prioritised funding for their urgent and emergency care services locally to provide improvements such as:

increased A&E capacity; additional clinical space, cubicles, waiting areas and priority admission units;
enhanced infection prevention and control measures;
enhanced same day emergency care and improvements to patient flow.

Social security measures

The UK’s primary focus throughout this health emergency has been to ensure that basic income protection is available to people affected by Covid-19.

The UK’s Chancellor of the Exchequer announced an unprecedented series of measures to support businesses and their employees to mitigate the impact of COVID-19. This included over £9.3billion of extra support through the welfare system.

A 1.7% benefit up-rating was implemented in April, ending the benefits freeze, and the state pension rose by 3.9%, as per the triple lock, reflecting last year’s substantial rise in average earnings in the UK.

The standard allowance in Universal Credit was temporarily increased by £86.67 per month for 12 months (equivalent to £20 per week) on top of the planned annual uprating. This additional increase means that claimants may be up to £1,040 better off, depending on their circumstances.

The UK increased the local housing allowance rates for Universal Credit and housing benefit claimants, so they now cover the lowest 30% of local rents; and the Government increased the national maximum caps, so claimants in inner and central London should also see an increase in their housing support payments. Furthermore, across England the Government had already increased the discretionary housing payment by an extra £40 million for this financial year.

From 17 March, the Government suspended all face-to-face assessments for sickness and disability benefits to protect vulnerable people (and assessment centre staff) from unnecessary risk of exposure to Covid-19. This will remain in place following a consideration of the latest public health guidance. The Department for Work and Pensions continues to complete paper based assessments where possible and has introduced telephone assessments.

To allow staff to be re-deployed to the front line, in April 2020 we suspended recovery of some Government debts such as Tax Credits, benefit overpayments and Social Fund Loans. Recovery is now being re-introduced gradually.

The Department for Work and Pensions launched two information websites on 27 April - Job Help and Employer Help - to provide jobseekers and employers with a range of guidance and advice including supporting decisions on identifying transferable skills, promoting opportunities of seeking alternative roles or working in different sectors of the economy and supporting staff. These sites also promote other GOV.UK provision such as the National Careers Service and the Department for Education’s online skills training initiative and the Skills Toolkit, which was launched in April 2020. Both sites link to ‘Find a Job’.

On 6 May, the Department launched the online ‘Apply for Pension Credit’ service. This supplemented the existing telephone and postal claim services to enable customers to claim Pension Credit with minimal delay while adhering to social distancing/shielding measures.

Call volumes to the UK’s Department for Work and Pensions have been extremely high, with more than 2.2 million calls in one day at the peak of the Covid 19 crisis. The Department turned it around with its “Don’t call us - we’ll call you” campaign. People making new claims for Universal Credit no longer need to call the Department as part of the process. A bolstered frontline team now proactively calls claimants when the Department needs to check any information provided as part of a claim. This has been successful in freeing up capacity and reducing the time that customers need to spend on the phone.

Employment and Support Allowance

We made changes to Employment and Support Allowance (ESA) in response to the COVID-19 outbreak. These included:

· Removing waiting days for ESA for claimants affected by Covid-19, so it will be payable from day one of the claim, subject to the claimant satisfying the normal conditions of entitlement.

· Treating all ESA claimants who satisfy the conditions of entitlement and are suffering from COVID-19 or who are required to self-isolate in line with government guidance or caring for a child (or qualifying young person) who falls into either of those categories, including vulnerable individuals who have been advised by the NHS to ‘shield’ because they are at high risk of severe illness, as having limited capability for work, without the requirement to provide a fit note or to undergo a Work Capability Assessment.

New Style ESA online

On 20 April, we launched the New Style ESA online portal which allows claims to be completed online. We have been receiving claims successfully since then and have seen an increase in applications. For those claimants or appointees who still require a telephony service, this remains available.

Statutory Sick Pay

We amended our legislation so that Statutory Sick Pay (SSP) is payable from day one – as opposed to day four – where an individual is sick or self-isolating due to coronavirus and meets all SSP eligibility conditions, including the requirement to self-isolate for at least four days in a row (including non-working days).

SSP is available to those who are required to self-isolate because they, or someone in their household, has symptoms of Covid-19, and are unable to work as a result. SSP eligibility conditions apply, including the requirement to self-isolate for at least four days in a row (including non-working days).

Statutory Sick Pay is also available to those who are self-isolating because they have been notified by the NHS or public health authorities that they have come into contact with someone who has Covid 19, and are unable to work as a result.

Measures to assist the self employed

The UK Government relaxed the minimum income floor so that the self-employed could access Universal Credit more readily.

Jobcentres

Jobcentres have remained open to support our most vulnerable claimants throughout this health emergency providing a service, in accordance with Public Health England and Devolved Government guidelines on social distancing, to vulnerable claimants unable to access our services through digital/telephony channels.

The Department for Work and Pensions is currently completing a programme of implementing safety measures across our Jobcentres, allowing us to extend our face to face service. We remain open for those who need us but will continue to minimise the requirement for customers to travel to our Jobcentres, conducting the majority of interactions digitally or by phone.

Conditionality

With the outbreak of Covid-19, the Government took the decision to suspend the requirement for face-to-face Jobcentre Plus appointments temporarily for all claimants in Universal Credit, New Style Job Seekers Allowance (JSA) and Employment and Support Allowance (ESA), old-style JSA and ESA, and Income Support. They continued to receive benefits as normal and they were not sanctioned for not taking part in appointments with Jobcentres.

A review has now taken place and, in line with other government decisions to ease lockdown measures, it has been agreed that a return to conditionality and expectations of work availability and work related activity for those who are able and expected to look for and prepare for work is appropriate.

As Covid-19 continues to impact both the actions of employers and employees and those looking and preparing for work, work related requirements set will be flexible and responsive to any on-going changes, including considering these where a claimant is unable to meet all of their commitments but have done all that they reasonably can.

[1] http://www.opsi.gov.uk/legislation/index.htm

[2]http://www.dwp.gov.uk/publications/specialist-guides/law-volumes/the-law-relating-to-social-security/

[3] https://www.communities-ni.gov.uk/topics/dsd-law-and-legislation/social-security-legislation

[4] http://www.dwp.gov.uk/docs/c-0031.pdf

[5] http://www.legislation.gov.uk/ukpga/2006/41/contents

[6] http://www.legislation.gov.uk/ukpga/2012/7/contents/enacted

[7] https://www.legislation.gov.uk/ukpga/2014/23/contents/enacted

[10] https://www.gov.uk/government/publications/the-nhs-constitution-for-england/the-nhs-constitution-for-england

[11] https://www.legislation.gov.uk/uksi/2020/289/contents

[12] https://www.legislation.gov.uk/uksi/2020/289/contents

[13] https://www.legislation.gov.uk/uksi/2020/102/contents/made

[14] https://www.legislation.gov.uk/uksi/2020/288/contents/made

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

[16] https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/datasets/occupation4digitsoc2010ashetable14

[17] https://www.nidirect.gov.uk/articles/access-work-practical-help-work

[18] https://www.gov.uk/government/publications/state-pension-age-review-final-report

[19] Benefit and pension rates 2020 to 2021 Link

[20] Benefit and pension rates 2020 to 2021 Link

[21] gov.uk Constant Attendance Allowance Link

[22] Benefit expenditure and caseload tables 2020 Link (Table 1a, Row 34)

[23] http://www.legislation.gov.uk/browse

[24] https://www.communities-ni.gov.uk/topics/dsd-law-and-legislation/social-security-legislation

[25] From 6^th April 2017, for families where the oldest child was born after 6^th April 2017 Family Element was not payable.

[26] From 6^th April 2017 the “two child limit” was introduced.

[27] The disabled child and severely disabled child are not separate elements. They are the same element paid at two rates.

[28] The disabled child and severely disabled child are not separate elements. They are the same element paid at two rates.

[29]https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/datasets/agegroupbyoccupation2digitsocashetable20

[30] A full timetable is published here: https://www.gov.uk/government/publications/state-pension-age-timetable

[31] ONS national population projections: https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationprojections/bulletins/nationalpopulationprojections/2018based

[32] Pensions Act 2014: https://www.legislation.gov.uk/ukpga/2014/19/contents