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




Part VI. Employment Injury Benefit

Category

Information available

Information missing / questions raised by the CEACR

VI-1. Contingencies and regulatory framework

Art.1 C12, Art.1 C17 Art.1(1) C42

VI-2. Persons Protected

Art.2 C17

VI-3. Definition of Occupational diseases

Art.2 C42

VI-4. Benefits in cash

Art.5,7 C17, Art.1(2) C42

VI-5. Benefits in kind

Art.9,  Art.10(1) C17

VI-6. Waiting period

Art.6 C17

VI-7. Insolvency of employer

Art.11 C17

VI-8. Financing and Administration

Art.8, 10(2) C17

List of applicable legislation

United Kingdom

The Pneumoconiosis etc. (Workers’ Compensation) Act 1979

Part 5 SSCA 1992

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 Diffuse Mesothelioma Payment Scheme Regulations 2014 SI 2014/916

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

2011

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

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

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

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

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

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

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

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

2012

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

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

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

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

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

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

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

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

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

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

2013

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

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

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

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

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

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

2014

·            The Diffuse Mesothelioma Payment Scheme Regulations 2014 SI No 916

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

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

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

·            Mesothelioma Act 2014 SI c.1

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

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

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

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

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

2015

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

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

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

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

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

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

2016

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

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

http://www.legislation.gov.uk/uksi/2017/442/pdfs/uksi_20170442_en.pdf

http://www.legislation.gov.uk/uksi/2018/316/pdfs/uksi_20180316_en.pdf

2019

(Workers’ Compensation) (Payment of Claims) (Amendment) Regulations http://www.legislation.gov.uk/uksi/2019/412/pdfs/uksi_20190412_en.pdf2019.http://www.legislation.gov.uk/uksi/2019/369/pdfs/uksi_20190369_en.pdf

Northern Ireland

2011

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

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

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

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

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

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

2012

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

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

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

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

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

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

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

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

2013

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

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

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

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

2014

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

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

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

2017

The Social Security (Industrial Injuries) (Prescribed Diseases)

(Amendment) Regulations (Northern Ireland) 2017 S.R. No. 45

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

The Mesothelioma Lump Sum Payments (Conditions and

Amounts) (Amendment) Regulations (Northern Ireland) 2017

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

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) (No. 2) Regulations (Northern Ireland) 2017 (revoked)

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

2018

The Mesothelioma Lump Sum Payments (2017 Conditions and

Amounts) (Amendment) Regulations (Northern Ireland) 2018

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

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2018 (revoked)

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

The Mesothelioma Lump Sum Payments (Conditions and

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

2018

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

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2018

http://www.legislation.gov.uk/nisr/2018/151/contents/made

2019

The Mesothelioma Lump Sum Payments (2018 Conditions and

Amounts) (Amendment) Regulations (Northern Ireland) 2019

http://www.legislation.gov.uk/nisr/2019/47/pdfs/nisr_20190047_en.pdf

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2019

http://www.legislation.gov.uk/nisr/2019/57/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).

Information from the website www.gov.uk:

Outline of the UK IIDB scheme[1]

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

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 Industrial Injuries 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.

Conclusions of the CEACR concerning the application of the Convention No 42: Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)pending

The Committee would like the Government to provide complementary information on the manner in which the burden of proof is regulated in such cases and asks the Government to keep it informed of any developments as regards the manner in which the national legislation compensates the diseases listed in the Schedule to the Convention, in particular in respect of diseases caused by certain halogen derivatives of hydrocarbons of the aliphatic series which are not included in the list of occupational diseases.

UK response:

The Social Security Contributions & Benefits Act 1992 (the Act) allows UK Government ministers to prescribe a disease for the purposes of entitlement to IIDB if they are satisfied that it ought to be treated as a risk of  a person’s occupation  and that such a link with the nature of the employment can be established or presumed with “reasonable certainty”. In this context “reasonable certainty” means “more likely than not” that the disease is due to the nature of the person’s employment.

The Act also provides a power for presuming that that a disease prescribed under the Act is presumed to be due to the nature of a person’s employment.   This is referred to as the ‘presumption’. Further powers exist which allow Departmental Decisions Makers to rebut a claim if evidence exists that a disablement was not caused by an occupation. These two subjects are discussed in more detail in Command Paper Cm8880 “Industrial diseases: presumption that a disease is due to the nature of employment”, and Command Paper Cm9030 “Presumption that a disease is due to the nature of employment: the role of rebuttal in claims assessment. Regulation 4 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (as amended) makes further provision about the presumption and rebuttal presumption.

The government is guided on the case for prescribing diseases by scientific advice from the Industrial Injuries Advisory Council (IIAC). As the independent advisors to ministers on such matters, IIAC consider all available evidence, when considering the case for prescription. The normal test required for them to recommend prescription of a disease, is that epidemiological evidence that work in a prescribed job, or with a prescribed occupational exposure, increases the risk of developing the disease by a factor of two or more.  

Should IIAC consider evidence for the prescription of diseases caused by certain halogen derivatives of hydrocarbons of the aliphatic series, which are not already included in the list of prescribed diseases. Their findings can be found at: https://www.gov.uk/government/collections/position-papers-industrial-injuries-advisory-council.

The following text was included in the UK’s 2018 Consolidated Report:

Report 2016-C42:

Response to the points raised in the Committee of Experts’ Observation and Direct Request (2013/102th Session)

Where claims are made for injuries or diseases in cases of accidental exposure the claimant must show on the balance of probabilities that an accident occurred.

Recommendations of the Industrial Injuries Advisory Council are available at the following website along with other review updates.

https://www.gov.uk/government/collections/position-papers-industrial-injuries-advisory-council

Information from the website www.gov.uk:

Presumption that a disease is due to the nature of employment: the role of rebuttal in claims assessment[2]

As highlighted in Cm 8880 (‘Presumption that a disease is due to the nature of employment: coverage and time rules’, 2014), presumption is an essential feature of the Industrial Injuries Disablement Benefit Scheme, which underpins its administrative efficiency. In brief, it allows decision-makers to presume that a claimant’s disease is due to occupation. The related prescription schedule[3] sets out the circumstances in which this is supported scientifically, on the balance of probabilities. The intention is to spare claimants the burden of gathering evidence to demonstrate occupational causation, especially where this could be slow, costly and difficult. Importantly, also, the provisions streamline the Scheme’s administration, allowing it to be run in a simple, cost-efficient, consistent manner.

A feature of the presumption regulation on which this report focuses is that decision-makers have the power to rebut (refuse) a claim if proof is said to exist that the disease was not caused by a claimant’s work. This provision allows flexibility to reject claims where it would clearly be wrong to pay benefit – for example, those involving trivial exposures. On the other hand, rebuttal risks sacrificing some of the gains in administrative efficiency and simplification that presumption offers. Importantly, also, rebuttal can be challenging to apply correctly.

This last concern arises particularly in respect of diseases which, when occupationally caused, are clinically indistinguishable from the same disease caused by factors outside work. Attribution to work in a claimant with both occupational and non-occupational risk factors rests then on an assessment of causal probabilities, rather than on clinical judgement, and may be liable to errors in causal reasoning.

Medical assessors … may attempt difficult judgements about causal probabilities in circumstances where the requisite epidemiological expertise is not available and would be wholly inefficient to provide. A concern, central to the Council’s thinking on the matter, is that for diseases of the “no-one can tell” type, there is a danger that decisions may not always be grounded firmly in the science. As well as duplicating the work of the Council, rebuttal carries the potential to overturn evidence gathered, sifted and evaluated systematically for its causal probabilities.

Although claimants frequently have access to the valuable advice of a specialist medical consultant and a trained disability analyst will give medical advice, it should be stressed that for such diseases the required skills to address the ‘causation’ question are primarily epidemiological and statistical, rather than clinical.

The Council has considered whether the power of rebuttal should be removed or legally limited for diseases where contrary proof would be hard to muster reliably. However, various policy-related and legal arguments weigh against regulatory amendment. Instead, the Council proposes to strengthen guidance on how rebuttal should be applied within the Scheme. … The idea, effectively, of operating two schedules of prescribed diseases, one in which presumption that the disease is due to the nature of employment would follow directly from the prescription, and another that would allow further evidence gathering as necessary by the decision maker, has advantages. Although enacted only through guidance, it would raise awareness of the problem and would enable a clearer separation between diseases where rebuttal can be more safely applied and those where it should rarely be. For diseases whose causal attribution is particularly challenging, the task of answering the ‘causation’ question would also be simplified, and evaluation of the merits or otherwise of benefit award would be strengthened in all but rare and unusual circumstances.

Broadly speaking, diseases for which the causation question should ordinarily follow directly from the terms of prescription include: 1) the majority of the cancers covered by the Scheme; 2) conditions that develop gradually, like occupational deafness (Prescribed Disease (PD) A10), osteoarthritis of hip and knee (PD A13, PD A14), and chronic obstructive pulmonary disease (PD D12), all of which were prescribed with strong supporting epidemiological and population-based evidence; 3) the asbestosrelated diseases (e.g. diffuse pleural thickening (PD D9), mesothelioma (PD D3)); and 4) disorders that are specific to occupation (e.g. pneumoconiosis (PD D1), byssinosis (PD D2) and chronic beryllium disease (PD C17)). For occupational asthma (PD D7), occupational allergic rhinitis (PD D4), and hand-arm vibration syndrome (PD A11) presumption should also be automatic in the sense that the terms by which these diseases are defined within the Scheme require that they can and should only be diagnosed when they are occupationally caused.

This policy report does not recommend a change in regulation. Through it, however, the Council wishes to draw to the attention of decision makers, medical advisors, policy advisors and other stakeholders, the challenge in applying rebuttal robustly. Very often, accepting the schedule as written will offer a fairer, more consistent and appropriate basis for deciding whether a disease is due to the nature of employment, with the added potential of being resource-sparing and simpler to enact.

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

ISSA Database

·         Permanent disability:

Industrial injuries disablement benefit (social insurance):If the insured is assessed with a 100% disability, £179.00169.70 a week (as of April 2019)174.80179.0080 a week as of April April 201982018) is paid from the 15th week after the work-related accident occurred or the occupational disease began.

Partial disability: The benefit varies from £35.80333.94 a week (as of April 2019)(£34.9635.8096 a week as of April April 201982018) for an assessed degree of disability of 20% to £161.10152.73 a week (as of April 2019) (£157.32161.1032 a week as of AprilApril 20198April 2018) for an assessed degree of disability of 90% if aged 18 or older.

Constant-attendance allowance: If the insured requires the constant attendance of others to perform daily functions, £135.80, £101.85, £67.90, or £33.95 a week is paid depending on attendance needs (£139.80143.20, £107.404, £104.85, £71.6069.90, or £354.8034.95 a week as of April 201982018).

·         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 family child benefits.

Widowed Parent's allowance*: Up to £117.10 a week (£113119.70 90 a week (as of April 20172019) is paid to a widowed parent receiving child benefits for at least one dependent child.

Bereavement allowance*: The amount varies with the survivor's age when widowed or when the widowed parent's allowance ends: up to £113119.970 a week (April 20197) is paid if aged 55 or older; a percentage of the full rate if aged 45 to 54. The allowance is paid for up to 52 weeks after the death.

Bereavement payment: A lump sum of £2,000 (April 2017) is paid immediately to the surviving spouse or civil partner.

Guardian's allowance:£17.20 a week (£176.670 a week (as of April 20197) is paid for each child.

* These benefits are 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 (£)2012/2013

(£)GB

2016/20172013/2014 (£)

2017/20182014/2015 (£)

2018/2015/20162019 (£)

2019/2020

2016/2017(£)

Disablement                100%

168.00158.10

168.00161.60

169.70166.00

174.80168.00

179168.00

Disablement 20%

31.6233.60

32.3233.60

33.9420

33.6034.96

33.6035.80

Reduced Earnings Allowance* (maximum rate)

67.2063.24

64.6467.20

69.9066.40

67.2069.90

67.2071.60

Retirement Allowance               

16.8015.81

16.8016

17.4816.60

17.4816.80

17.90    16.80

Constant Attendance Allowance (maximum)

126.60134.40

134129.40

139132.80

134.40139.80

143.20134.40

Exceptionally Severe Disablement Allowance

63.3067.20

64.7067.20

69.9066.40

67.2069.90

71.6067.20

*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

FR/C17: please state:

(a) the conditions applying to the supply and renewal of such artificial limbs and surgical appliances as are recognised to be necessary for injured workers.

(b) the conditions under which the supply and renewal of such artificial limbs and appliances are replaced by the award of additional compensation in cash.

(c) the supervisory measures to prevent abuses and to ensure that the additional compensation is utilised for the proper purposes.

The NHS will supply the appropriate prosthetic device to meet the clinical needs of the patient regardless as to the reason for amputation.  The UK does not have a system that takes the form implied by these Articles.

Cost-sharing for pharmaceutical products outside the hospital

Conclusions of the CEACR concerning the application of the Convention No 17: Observation (CEACR) - adopted 2011, published 101st ILC session (2012) pending concerning Article 9 of the Convention. Cost sharing for pharmaceutical products. 

Response [Report 2016-C17]

In respect of pharmaceutical products outside the hospital the position continues to be that, prescription charges and the costs of dental treatment are borne by recipients of industrial injuries benefits on the same basis as they are borne by people receiving other state benefits. Assistance may be available for example, because of receipt of a qualifying income-related benefit, because of specified conditions related to age or health.

http://www.nhs.uk/NHSEngland/Healthcosts/Pages/Prescriptioncosts.aspx

In respect of pharmaceutical products outside the hospital the position is that all Health Service prescriptions dispensed in Northern Ireland are free of charge for everyone.

https://www.nidirect.gov.uk/articles/help-with-health-costs

Conclusions of the CEACR concerning the application of the Convention No 17: Observation (CEACR) - adopted 2006, published 96th ILC session (2007) concerning Article 9 of the Convention. Cost sharing for pharmaceutical products. 

Response

The Government, in response, would reiterate points made in its previous reply to the Committee and continues to believe that the present provisions of the National Health Service Acts, in relation to pharmaceutical charges, is fair in targeting help to those who have greatest difficulties in paying. The Government is confident that victims of industrial injuries who fall within this group will be adequately covered by the provision of these Acts.

Government policy is that entitlement to free prescriptions is based on the principle that those who can afford to contribute should do so, while those who are likely to have difficulty in paying should be protected. The extensive exemption and charge remission arrangements are intended to ensure that no one need be deterred from obtaining any necessary medication on financial grounds.

The following patients do not pay a prescription charge:

·         Men and women aged 60 and over

·         Children under 16

·         Young people aged 16, 17 and 18 who are in full time education

·         Pregnant women and women who have had a child in the previous 12 months and who hold a valid exemption certificate

·         People who hold a valid exemption certificate for a War Disablement but only in respect of medication for the disablement

·         People suffering from certain medical conditions and who hold a valid exemption certificate

·         The patient or partner is receiving one of the following:

o   Income Support;

o   Pension Credit guarantee credit (for partners who are under 60); or

o   Income-based Jobseeker‘s Allowance;

o   Income-related Employment and Support Allowance;

o   Universal Credit (if certain criteria are met).

People who have to pay can seek help under the NHS Low Income Scheme, which provides income-related help with health costs. Entitlement is calculated by Help with Health Costs Section of the NHS Business Services Authority.

The extent of any help is based on a comparison between a person's income and requirements at the date a claim is received. No help is available if a person has “more than £16,000, or £2123,000 250 for people who live permanently in a care home."

Those on or below the £15,050 276 who receive Child Tax Credits or Working Tax Credit with a disability element will receive a NHS Tax Credit Exemption Certificate which entitles them to free NHS prescriptions and help with other NHS costs.

People who have to pay NHS prescription charges and do so regularly, or need a lot of prescription items could save money with a Prescription Prepayment Certificate (PPC). A four three monthly PPC or an annual certificate will save people money if they need more than 5 3 items in 4 3 months or 14 11 items in 12 months. A four three monthly English PPC costs £34.6529.10 (since April 2011) and an annual 12 month certificate costs £95.30104 (since 1 April 2009) from 1 April 2006.

As a result of these arrangements only 8.45.2% of items were paid for at the point of dispensing and 4.75.6% were dispensed to holders of a Prepayment Certificate.

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

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

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

VI - 6. Waiting period

Article 6. C17

In case of incapacity, compensation shall be paid no later than as from the fifth day after the accident, whether it be payable by the employer, the accident insurance institution, or the sickness insurance institution concerned.

RF/C17: please state:

(a) as from what day after the accident compensation is paid in the case of incapacity.

 (b) by whom the compensation is payable: the employer, on accident insurance institution or a sickness insurance institution.

UK response:

(a) 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.

(b) Compensation is paid by central government with the exception of Occupational and Statutory Sick Pay which are paid by employers.Answer; Firstly, Financial support for general incapacity for employment is provided  either through covered on Employment and Support Allowance which has SA as 7 waiting days, or through Universal Credit which. UC has zero waiting days.

Industrial Injuries accidents cCompensation, from Industrial Injuries Disablement Benefit requires  separate from ESA and UC, is at 90 waiting days from the date the accident occurred. There is no waiting days for Industrial diseases.

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.

RF/C17: please state what provisions of national laws or regulations ensure the payment of compensation to injured workmen or their defendants in the event of insolvency of the employer or ensure.

Answer; In the case of both active and insolvent employers we provide awards under 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, ie 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 This ithe Industrial Injuries Schemes predominantly the Industrial Injuries Disablement Benefit (IIDB). 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 expenditure for the financial year ending each March (GB£ million) was as follows:

2012

2013

2014

2015

2016

2017

2018

2019

888

(outturn)

905

901

908

8929

(forecastactual)

861

840

839

899

(forecast)

https://www.gov.uk/government/publications/benefit-expenditure-and-caseload-tables-2019 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/500456/outturn-and-forecast-autumn-statement-2015.xlsx [Source: Table 1a Row 34]

                                               

The combineddirect staffing cost and cost of medical services for IIDB for the year 20185/1962015/16 is estimated at £7.611 million. The costs of estates, IT support, central services and the administrative costs of actually paying the benefit are not available. Since the previous reporting period, there have been further developments on administration. During the reporting period the number of processing sites was reduced to two regional centres, covering the whole of Great Britain. In 2016 work started on developing an online claims process starting with accident claims with disease applications following later. The Industrial Injuries Computer System is still in operation but improvements have been to help with the management of workflow, the receipt and storage of documents by adding an electronic retention system and using scanning.

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

20142012

20152013

20162014

20172015

20162018

29,748357

29,49430,067

29,982748

30,06729,419

29,291982

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

2012

2013

2014

2015

2016

774

762

601

600

*


*
benefits now administered by Employment and Support Allowance and specific costs for IIB are not identifiable.

The Industrial Injuries Scheme in Great Britain is administered by the Department for Work and Pensions, through two dedicated regional Industrial Injuries Benefit delivery centres. The Industrial Injuries Scheme in Northern is administered by the Department for Communities.

UK REPORT ON ILO CONVENTION 019:

For the period 1 June 2016 to 30 June 2019 made by the Government of the United Kingdom of Great Britain and Northern Ireland, in accordance with Article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the:

EQUALITY OF TREATMENT (ACCIDENT COMPENSATION)

CONVENTION 1925 (No. 19)

ratification of which was registered on 6 October 1926

I

UNITED KINGDOM

1.    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.

2.    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[4].  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[5].

II

Articles 1 to 4

3.    The regulations set out in the Annex 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.

III

4.    The above mentioned legislation is administered by Department for Work and Pensions.

IV

5.    No such decisions have been given in the period of the report.

V

6.    The position remains as previously described.

VI

7.    Copies of this report have been sent to the Confederation of British Industry and the Trades Union Congress.


ANNEX A

LEGISLATION INTRODUCED DURING THE REFERENCE PERIOD OF THE REPORT

2011

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2011 SI No 1024  
http://www.legislation.gov.uk/uksi/2011/1024/made

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

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

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

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

The Workmen’s Compensation (Supplementation)(Amendment) Scheme

2011 SI No 868  

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

  

2012

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

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

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

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

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

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

The Workmen’s Compensation (Supplementation)(Amendment) Scheme

2012 SI No 833

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

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

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

2013

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

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

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

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

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

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

2014

The Diffuse Mesothelioma Payment Scheme Regulations 2014 SI No 916

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

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

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

Mesothelioma Act 2014 SI c.1

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

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

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

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

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

    

2015

The Social Security (Industrial Injuries) (Prescribed Diseases)

Amendment Regulations 2015 SI No 87

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

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

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

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

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

2016

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

http://www.legislation.gov.uk/uksi/2016/544/contents/made(equivalent regulations are due to be introduced in Northern Ireland in Autumn 2019 to support the development of online claims).

2017

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2017 (SI 2017 No 232)

http://www.legislation.gov.uk/uksi/2017/232/pdfs/uksi_20170232_en.pdf

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2017 SI No.437

http://www.legislation.gov.uk/uksi/2017/437/pdfs/uksi_20170437_en.pdf

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2017 SI No.442

http://www.legislation.gov.uk/uksi/2017/442/pdfs/uksi_20170442_en.pdf

2018

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2018 (SI 2018 No 769)

http://www.legislation.gov.uk/uksi/2018/769/pdfs/uksi_20180769_en.pdf

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2018 SI No.315

http://www.legislation.gov.uk/uksi/2018/315/pdfs/uksi_20180315_en.pdf

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2018 SI No.316

https://www.legislation.gov.uk/ukdsi/2018/9780111164235/pdfs/ukdsi_9780111164235_en.pdf

2019

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of

Claims) (Amendment) Regulations 2019. SI No.412

http://www.legislation.gov.uk/uksi/2019/412/pdfs/uksi_20190412_en.pdf

The Mesothelioma Lump Sum Payments (Conditions and

Amounts) (Amendment) Regulations 2019. SI No.369

http://www.legislation.gov.uk/uksi/2019/369/pdfs/uksi_20190369_en.pdf

Northern Ireland

2011

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

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

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

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

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

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

   

2012

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

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

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

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

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

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

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

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

2013

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

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

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

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

2014

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

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

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

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

2015

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

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

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

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

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

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

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

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

2016

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

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

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

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

2017

The Social Security (Industrial Injuries) (Prescribed Diseases)

(Amendment) Regulations (Northern Ireland) 2017 S.R. No. 45

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

The Mesothelioma Lump Sum Payments (Conditions and

Amounts) (Amendment) Regulations (Northern Ireland) 2017

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

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) (No. 2) Regulations (Northern Ireland) 2017 (revoked)

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

2018

The Mesothelioma Lump Sum Payments (2017 Conditions and

Amounts) (Amendment) Regulations (Northern Ireland) 2018

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

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2018 (revoked)

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

The Mesothelioma Lump Sum Payments (Conditions and

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

2018

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

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2018

http://www.legislation.gov.uk/nisr/2018/151/contents/made

2019

The Mesothelioma Lump Sum Payments (2018 Conditions and

Amounts) (Amendment) Regulations (Northern Ireland) 2019

http://www.legislation.gov.uk/nisr/2019/47/pdfs/nisr_20190047_en.pdf

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2019

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


Part VII. Family Benefit

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

Category

Information available

Information missing / questions raised by the CEACR

VII-1. Regulatory framework

Art.39 C102/ECSS

VII-2. Contingency covered

Art.40 C102/ECSS

VII-3. Persons Protected

Art.41 C102/ECSS*

VII-4. Types of Benefits

Art.42  C102/ECSS

VII-5. Qualifying period

Art.43  C102/ECSS

VII-6. Level and Calculation of Benefit

Art.44  C102/ECSS*

VII-7. Duration of Benefit

Art.45 C102/ECSS

VII-8. Suspension of Benefit

Art.69 C102, Art.68 ECSS

VII-9. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

VII-10. Financing and Administration

Art.71, 72 C102 

Art.70, 71 ECSS

* Please update statistical data, in accordance with the Report form for C102/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.

·         Child Benefit (CHB) is generally payable to all persons who have responsibility for a child, regardless of means. CHB 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 210.

In the Summer Budget 2015, the Government announced various measures to ensure the tax credit system is targeted at those who need it most. From 6 April 2016, if a claimant is entitled to Working Tax Credit, whether on its own or in addition to Child Tax Credit, and their family’s annual income is below £3850, they will get the maximum amount of all the elements that they qualify for. If income is over that threshold, the maximum amount will be reduced by 48 pence for every pound of income over the threshold.

Universal Credit has been successfully rolled out across the whole of the UK by DWP 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 are expected to completely close by the end of 2023. Tax credits customers under state pension age will continue to
move to UC if they have a relevant change of circumstances.

Reports and Researches

Government Actuary’s Report 2012/132019

The Report of the Government Actuary Actuary’s annual report on the potential impact on the Great Britain National Insurance Fund of the draft Social Security Benefits Up-rating Order 2013year’s orders for benefit and the draft Social Security (Contributions) (Re-rating) Order 2013 that were to introduce the 2013 annual rates of Contributions and Benefits as set out in Tables 1 and 2 above, and also the response in respect of the table of benefits set out in Part I B of this report above, can be viewed via the following link:contribution-related uprating.  

http://www.gad.gov.uk/Documents/Social%20Security/GAD_Report_2013.pdf

Research – HMRC Reports[6]

No 173: Tracking renewals advertising for Tax Credits (wave 23) – 2011.  This research covers Wave 23 of the Tax Credits communications tracking and evaluates the 2011 Renewals activity.

http://www.hmrc.gov.uk/research/report173.pdf

No 150: Views on eligibility for tax credits and Child Benefit and any stigma associated with claiming these. The aim of this report is to explore customers’ views about how levels of income should affect eligibility for tax credits and Child Benefit. This report is based on analysis of survey data collected as part of the Panel Study of Tax Credits and Child Benefit customers.

http://www.hmrc.gov.uk/research/report150.pdf

No 149: Risk factors of error in the tax credits process. The focus of this report is the risk factors of introducing errors in the tax credits process. This report presents findings from the 2009 Panel Study of Tax Credits and Child Benefit customers.

http://www.hmrc.gov.uk/research/report149.pdf

No 148: Tax credits renewals. This report focuses on people’s experiences with the renewals process of tax credits. It is based on analysis of survey data collected as part of the 2009 Panel Study of Tax Credits and Child Benefit Customers, an HMRC survey carried out by the National Centre for Social Research.

http://www.hmrc.gov.uk/research/report148.pdf

No 147: Experience of using childcare and claiming the childcare element of Working Tax Credit. This report presents research findings on the childcare element of Working Tax Credit. The material is mostly drawn from the 2009 Panel Study of Tax Credits and Child Benefit Customers and covers the use of childcare by recipients of tax credits, the take-up of the childcare element, recipients' experience of managing their childcare element claim and the risk factors of getting an incorrect entitlement to the childcare element.

http://www.hmrc.gov.uk/research/report147.pdf

No 146: Customers' experience of the Tax Credits Helpline. This report presents findings on tax credits recipients' experiences and views of the Tax Credits Helpline. It is based on analysis of survey data collected as part of the Panel Study of Tax Credits and Child Benefit Customers, an HMRC survey carried out by the National Centre for Social Research.

http://www.hmrc.gov.uk/research/report146.pdf

No 145: Financial support from tax credits at the beginning of the economic downturn in 2008-9. This report is focused on changes in the financial situation of tax credit recipients during the period between the beginning of the economic downturn of 2008 and summer 2009. It explores how tax credits recipients managed financially during this period and whether the economic downturn led to any changes in their behaviour. Findings are presented from the Panel Study of Tax credits and Child Benefit Customers, an HMRC survey carried out by the National Centre for Social Research.

http://www.hmrc.gov.uk/research/report145.pdf

No 144: Take-up of tax credits. Not all households who are eligible to claim tax credits actually claim them. This report draws on evidence from questions exploring why some eligible households do not claim tax credits asked on two omnibus surveys, and on the 2009 Panel Study of Tax Credits and Child Benefit Customers, an HMRC survey carried out by the National Centre for Social Research.

http://www.hmrc.gov.uk/research/report144.pdfNo 533: High Income Child Benefit Charge: awareness, understanding and decision making processes. Research exploring Child Benefit claimants’ understanding of the High Income Child Benefit Charge, benefits of claiming and reasons why some people don’t claim. HM Revenue and Customs (HMRC) commissioned this research to explore important questions arising from the introduction of the High Income Child Benefit Charge (HICBC), specifically for those liable to pay the charge, or alternatively opt out of receiving Child Benefit payments and for those who decided not to claim Child Benefit.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/806154/High_Income_Child_Benefit_Charge_Awareness_-_HMRC_research_report_533.pdf

No 470: Child Benefit Customer Survey. Research to explore the views and experiences of child benefit customers. The research also explored the importance of Child Benefit to customers and how they used the payments. This research was carried out by IFF Research in October and November 2016 and comprised 1,012 phone interviews with Child Benefit customers.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/806165/Child_Benefit_Customer_Survey_-_HMRC_research_report_470.pdf

No 525: Concept testing the migration of tax credits customers to Universal Credit. The aim of this research was to explore tax credits customers’ responses to an example of a ‘managed migration’ journey to Universal Credit. It tested their reactions and their understanding of what they may need to do - and if they understood the consequences of inaction.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/792448/Concept_testing_the_migration_of_tax_credits_customers_to_Universal_Credit.pdf

No 526: The transition from tax credits to universal credit: qualitative and quantitative research with claimants. This research evaluated the experience of customers who had stopped getting tax credits and ‘naturally’ migrated to Universal Credit (because of a change in their circumstances). The aim was to understand - and therefore improve on - their experience. The research had 2 elements: a quantitative phone survey, and a qualitative face-to-face study. It was conducted jointly with the Department for Work and Pensions.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/792426/The_transition_from_tax_credits_to_Universal_Credit_-qualitative_and_quantitative_research_with_claimants.pdf

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:

UKUKUKUK (figures in ‘000s)

2011/122015/16

7,920417

2012/132016/17

7,550396

20132017/182013/14

7,461377

2014/152018/19

7,416326

NNoteote: UK totals include foreign and not known.

The number of families receiving Child Tax Credit in the UK for the year 2014/152016/17 was 7.43.6million, comprising some 12.87.07million children.

The Child and Working Tax Credits statistics: finalised annual awards - 2016 to 2017 statistics can be found by following the link below:

https://www.gov.uk/government/statistics/child-and-working-tax-credits-statistics-finalised-annual-awards-2016-to-2017

Number of children in families receiving the Child Tax Credit at 1 December 2010 (last published[7]) was 10.144 million.See Part III of this report for figures on Universal Credit (UC).

2018 additional information on Child Tax Credits and Child Benefit

Average number of families in receipt of CTC and children for whom CTC is being claimed for CTC 2009/10 - 2016/17

  Thousands and £Millions

2009-10

2010-11

2011-12

2012-13

2013-14

2014-15

2015-16

2016-17

Families

      5,767

      5,764

      5,130

      4,109

      4,015

      3,921

      3,804

3,646

Children

    10,225

    10,226

      9,128

      7,705

      7,587

      7,459

      7,299

7,070

The relatively significant drop in numbers occurs around 2012/13. This is a result of the removal of the second income threshold in 2012/13.

Prior to this policy change, the basic element of CTC (£545) was protected so long as household income did not exceed the second income threshold, which for most claimants was £40,000. Once household income exceeded £40,000, then the CTC basic element was tapered away at a rate of 0.41p for every pound earned over this amount. Once this second income threshold was removed, the basic element was no longer protected and tapered away once all other elements were removed. This primarily affected households that were only claiming the basic element of CTC and had relatively higher household incomes.

The Child Benefit (CHB)

·         Generally, entitlement to CHB does not arise for people whose presence in the UK is subject to immigration control, but protection is given to those recognised as refugees, those with settled status (whose leave to enter or remain in the UK is not subject to any limitation) or with discretionary or humanitarian leave to enter or remain in the UK, or who are within the scope of European Community’s Social Security co-ordination regulations Regulation (EEC) 1408/71 and 574/72, by virtue of Regulation (EC) 859/2003 or who are covered by a relevant bilateral social security agreement with another country. Entitlement can arise also for nationals of other states party to the European Convention on Social and Medical Assistance (ETS No 14) and the European Social Charter of 1961 (ETS No 36) who are lawfully present in the UK.

The Child Tax Credit (CTC)

·         Access to CTC can be gained for those who are lawfully working in the UK and a national of a State that has concluded an agreement under Article 310 of the Treaty of Amsterdam amending the Treaty of the EU. In 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.

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 rates for the period of this Report.

Child Tax Credit

From

rom    April 

20122015

From

 April 2013

2016

From April 20142017

From   rom April

2015 20182015

From

April

2016rom 20192016

Family element

545

545

545

545

545

Family element, baby addition[8]

Child element

2,555750

2,690780

2,720780

2,750780

2,780

Disabled child element

2,8003,100

2,9503,140

3,015175

3,100275

3,140355

Severely disabled child element

1,130255

1,190275

1,220290

1,255325

1,275360

Income thresholds and withdrawal rates

First income threshold

6,420

6,420

6,42016,105

6,42016,105

6,42016,105

First withdrawal rate (per cent)

37341

37341

3941

3941

3941

Second income threshold[9]

40,0004

Second withdrawal rate (per cent)

414

First threshold for those entitled to CTC only

15,860

6,010

15,86016,105

15,91016,105

16,010105

16,105

Income disregard[10]

105,000

10,00052,500

5,0002,500

5,0002,500

5,0002,500

Child Benefit rates for the period of this Report

From

Child Benefit

April 2012

£20.30 eldest child

£13.40 each other child

April 2013

£20.30 eldest child

£13.40 each other child

April 20142017

£20.5070 eldest child

£13.5570 each other child

April 201520182015

£20.70 eldest child

£13.70 each other child

April 20162019

£20.70 eldest child

£13.70 each other child

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

Official website of the UK government

Eligibility to Child Benefit

Only one person can get Child Benefit for a child.

You normally qualify for Child Benefit if you’re responsible for a child under 16 (or under 20 if they stay in approved education or training) and you live in the UK.

You’ll usually be responsible for a child if you live with them or you’re paying at least the same amount as Child Benefit (or the equivalent in kind) towards looking after them.

Contributions can include:

·         money

·         clothes

·         birthday and Christmas presents

·         food

·         pocket money

Eligibility to Child Tax Credit

You may be able to get Child Tax Credit if you have a child and:

·         you work in the UK

·         you have a right to reside in the UK

·         you pay National Insurance contributions here

·         your child lives in a country in the European Economic Area (EEA) or in Switzerland with your partner or someone else - and depends on you to support them

You usually can’t claim for a child who lives outside the EEA or Switzerland. There’s an exception if your partner is a Crown servant posted abroad.

You must have been living in the UK for 3 months before you’re eligible to claim Child Tax Credit if you moved to the UK on or after 1 July 2014 and don’t have a job. This doesn’t apply if you:

·         are a family member of someone who works or is self-employed

·            are Croatian and have a certificate to work, or are the family member of someone who has one

·         are a refugee

·         have been granted discretionary leave to enter or stay in the UK and you can get benefits

·         have been given leave to stay as a displaced person and you can get benefits

·         have been given to leave to stay and have applied for settlement as a victim of domestic violence

·         have been granted humanitarian protection

·         were made redundant in the UK (or your family member was) and you’re looking for a job or in training

·         were working in the UK before but temporarily can’t work because of your health or an accident

·         have been abroad for less than a year but usually live in the UK and were claiming Child Tax Credits before moving

·         have been abroad for less than a year but usually live in the UK and were in the UK for at least 3 months before moving

·         paid Class 1 or Class 2 National Insurance contributions while you were working abroad, and paid these in the 3 month period before returning to the UK.

VII - 6. Level and Calculation of Benefit

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.

2018

2019

HMRC produces figures for total expenditure on Tax Credit and Child Benefit in the “HMRC Tax Receipts and National Insurance Contributions for the UK”, which can be found at the following the link :

https://www.gov.uk/government/statistics/hmrc-tax-and-nics-receipts-for-the-uk

Expenditure data for tax credits and Child Benefit for the period 2013/142014/15 to 2016-172018/19 can be found on the right hand side of the HM Revenue and Customs receipts table 7. As you will identify, this. This figure covers both Working Tax credit (WTC) and CTC. The only statistic we have readily available for CTC is a figure on CTC “entitlement” which will not be the same as actual expenditure. I am trying to find out if I can get a CTC expenditure figure and timeline if that is possible but I doubt it will be in time for this report.

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 2018-19 was £11.55bn. Based on a reference wage of £383.44 p/w, and taking ONS’ child population estimates of 12.41m UK children as a proxy, the amount the UK would need to spend in order to be in compliance with the Code is £3.71bn.

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;

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

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

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

Official website of the UK Governmenthttps://www.gov.uk/child-benefit-for-children-in-hospital-or-care

Child Benefit for children in hospital or care

Your Child Benefit payments might be affected if your the child goes into:

Residential care is accommodation paid for by your local councils, usually because your the child has a mental or physical disability. It’s This is different from to ‘care’.

After 8 or 12 weeks

Usually, recipients are noyou’re no longer entitled to Child Benefit after the time limit. There are exceptions to this rule, for example:

Your partnerThe recipient’s money will only count if you’re they are married or civil partnered and living together.

Child Benefit if your the child lives with someone else

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

The Child Benefit Office will tell you individuals if they get another claim for your the child. They’ll They will help you with decide decisions regarding who should claim if you the individual can’t cannot decide for yourselfthemselves.

Contributions to upkeep

You Payments could continue to get payments for more than 8 weeks if you the individual contributes to your 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 your the child with somewhere to live.

High Income Child Benefit tax charge

You may have to pay a tax charge if you or your partner have an individual income over £50,000.

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

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

Laws and regulations do exist to provide benefit cover for pregnancy. Protection is provided under a compulsory scheme, in addition employers may operate a contractual maternity pay scheme.

Laws and Regulations introduced during the reporting period

The Shared Parental Leave Regulations 2015 SI No 3050

http://www.legislation.gov.uk/uksi/2014/3050/contents/made

The National Insurance Contributions Act 2015

http://www.legislation.gov.uk/ukpga/2015/5/contents

Scope

All pregnant working women earning on average at least £30 or more aweek are eligible for maternity benefits.

State MA (Maternity Allowance)

MA is financed from employer and employee contributions to the National Insurance Fund.

a) Rates during the reporting period are as follows (£):

                                                                           2013/14   2014/15   2015/16

MA (Standard Rate)                                  £136.78      £138.18     £139.58

Note: The rate of MA is based on a woman’s average weekly earnings. MA is paid at the lower of a standard rate or 90% of the woman’s average earnings.

SMP

SMP is earnings related for the first six weeks and set at 90% of average weekly earnings with no upper limit.

Week 7 onwards                                           2013/14    2014/15    2015/16

Standard weekly rate                                  £136.78       £138.18      £139.58

b) Other resources are not taken into account.

c) Levels of benefit are reviewed annually as part of the uprating process.

The Shared Parental Pay (General) Regulations (SI 2014/3050) and the Shared Parental Leave Regulations (SI 2014/3051) came into force on 1 December 2014 for babies whose expected week of birth begins on or after 5 April 2015 and those children placed for adoption on or after 5 April 2015. The regulations implement the scheme provided for by Part 7 of the Children and Families Act 2014.

Employees (mothers, fathers, partners and adopters) may be able to receive Shared Parental Leave and Statutory Shared Parental Pay if they have had a baby or adopted a child.

The Maternity Allowance (Curtailment) Regulations 2014 and the Statutory Maternity Pay and Statutory Adoption Pay (Curtailment) Regulations 2014 also came into force on 1 December 2014 as part of the Shared Parental Leave and Pay scheme. They enable a mother or primary adopter to end their entitlement to MA, SMP or Statutory Adoption Pay early in order to opt into the Shared Parental Leave and Pay.

The National Insurance Contributions Act 2015, made amendments to sections 35A and 35B of the Social Security Contributions and Benefits Act 1992, which relate to MA, to reflect changes to the way that Class 2 National Insurance Contributions (NICs) are assessed and collected as of 6 April 2015. Class 2 NICs are relevant in determining the rate of MA paid to self-employed women and in determining whether women who assist in the business of their self-employed spouse or civil partner are eligible for MA. The changes to the Social Security Contributions and Benefits Act 1992 were made in order to maintain access to MA for these groups following changes to the way liability for Class 2 NICs is assessed and the payments are collected.

The Social Security (Maternity Allowance) (Earnings) (Amendment) Regulations 2015 came into force on 6 April 2015. The changes affect women with an expected week of confinement beginning on or after 12 July 2015. The purpose of these regulations (alongside amendments to the provisions in the Social Security Contributions and Benefits Act 1992 mentioned above) is to

safeguard the position of self-employed women who, in consequence of the reforms to assessment and collection of Class 2 NICs might otherwise have been unable to access to MA.

The UK has made considerable improvements to the scope and level of maternity benefits over the past few years, extending coverage to as many working women as is considered possible. This is of particular importance for working women on low pay, with earnings below the Lower Earnings Limit and, therefore, unable to qualify for SMP. The UK’s maternity benefits provisions cover more or less all gainfully occupied working women, including part-time and low earning women, as all women earning £30 a week or more are covered.

In the past, before the improvements were introduced, protection tended to be weighted in favour of the higher earning woman. Consequently, as the benefit is now related directly to the woman’s past earnings, and not to the average wage of a standard beneficiary, it is difficult to conclude that all recipients of the benefit would receive an amount that would be compliant with the replacement level suggested by the Code.

Part IX. Invalidity benefit = not accepted

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

Protection is provided under a compulsory insurance scheme.

Laws and Regulations introduced during the reporting period

Welfare Reform and Work Act 2016

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

1. Scope

The position on scope of persons covered remains as previously described.

2. Conditions for entitlement to benefit

As the UK’s previous Report explained, the contingencies of Part III and IX of the Code are now covered by Employment and Support Allowance (ESA). ESA replaced Incapacity Benefit (IB) and Income Support (IS), paid on grounds of incapacity, for new claimants from 27 October 2008. All existing IB and IS claims are to be reassessed for ESA.

Following the introduction of Universal Credit (UC), ESA Regulations 2013 replaced the ESA Regulations 2008, effectively removing all references to income-related ESA, and re-introducing ESA as a contributory benefit only.

Once UC is fully introduced, income-related ESA will be absorbed into UC and ESA will exist separately as a contributory benefit only.

Employment and Support Allowance (ESA(C)) - update

Incapacity Benefit Reassessment

The Department for Work and Pensions (DWP) is continuinghas 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.and it is now expected that more than 1.5 million people will go through the reassessment process. Therefore this exercise will take longer to complete than originally forecast.

Work Capability Assessment

The Government remains committed to continuously improvingensuring that the Work Capability Assessment (WCA) to ensure that it is as fair and accurate as possible. As part of this process, tThe Government has 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.

Category

Information available

Information missing / questions raised by the CEACR

X-1. Regulatory framework

Art.59 C102

X-2. Contingency covered

Art.60 C102

X-3. Persons Protected

Art.61 C102*

X-4. Level and Calculation of Benefit

  Art.62 C102*

X-5. Adjustment of Benefit

Art.65(10) C102

Art.66 (8) C102*

X-6. Qualifying period

Art.63 C102

X-7. Duration of Benefit

Art.64 C102

X-8. Suspension of Benefit

Art.69 C102

X-9. Right of complaint and appeal

Art.70 C102

X-10. Financing and Administration

Art.71*,72 C102

* Please update statistical data, in accordance with the Report form for C102/ECSS

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. C102MC102

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

Database of the MISSOC:

Basic principles

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

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

ISSA Database

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.

Widowed Parent's allowance*: Up to £117.10 a week (£119.90 a week as of April 2019) is paid to a widowed parent receiving child benefits for at least one dependent child.

Bereavement allowance*: The amount varies with the survivor's age when widowed or when the widowed parent's allowance ends: up to £119.90 a week (April 2019) is paid if aged 55 or older; a percentage of the full rate if aged 45 to 54. The allowance is paid for up to 52 weeks after the death.

Guardian's allowance:£17.20 a week (£17.60 a week as of April 2019) is paid for each child.

* These benefits are not available to new claimants after April 2017.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 family benefits.

The allowance does not cease upon remarriage or cohabitation.

Widowed parent's allowance (social insurance): Up to £113.70119.90 a week (£117.10 a week as of April 2018) is paid. 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.

Bereavement allowance (social insurance): The amount varies with the survivor's age when widowed or when the widowed parent's allowance ends, and with the deceased's number of contributions: up to £112.55119.90 a week (April 2016) if aged 55 or older; a percentage of the full rate if aged 45 to 54. The allowance is paid for up to 52 weeks after the death.

The allowance ceases upon remarriage or cohabitation.

Bereavement payment (social insurance): A lump sum of £2,000 (April 2017) is paid.

Guardian's allowance (noncontributory): £16.70 a week (£17.20 a week as of April 2018) is paid for each eligible child.

Legislative provisions

The provisions relating to Bereavement Benefits are to be found in Part II of the Social Security Contributions and Benefits Act 1992[11]  as follows:

Bereavement Payment: section 36. See also Schedule 3 para 4 for the contribution conditions;

Section 36

(1)A person whose spouse [or civil partner] dies on or after the appointed day shall be entitled to a bereavement payment if:

(a)  either that person was under pensionable age at the time when the spouse [or civil partner] died or the spouse [or civil partner] was then not entitled to a category A retirement pension under section 44 below; and

(b) the spouse [or civil partner] satisfied the contribution condition for a bereavement payment specified in Schedule 3, Part I, paragraph 4.

(2) A bereavement payment shall not be payable to a person if:

(a) that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse’s or civil partner’s death, or

(b) that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse’s or civil partner’s death.

(3) In this section “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.

Schedule 3 para 4

 (1) The contribution condition for a bereavement payment is that:

(a) the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and

(b) the earnings factor derived as mentioned in sub-paragraph (2) below must be not less than that year’s lower earnings limit multiplied by 25.

(2) The earnings factor referred to in paragraph (b) of sub-paragraph (1) above is that which is derived:

(a) if the year in question is 1987-88 or any subsequent year, from so much of the contributor’s earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions, or

(b) if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.

(3) For the purposes of this condition a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.

Widowed mother’s allowance [widowed parent’s allowance, bereavement allowance,] and widow’s pension; retirement pensions (Categories A and B)

• Widowed Mother’s Allowance and Widow’s Pension: See sections 36A to 39, which apply only to cases where the death occurred before 9 April 2001;

Section 36A

 (1) Sections 37 to 39 and section 40 below apply only in cases where a woman’s husband has died before the appointed day, and section 41 below applies only in cases where a man’s wife has died before that day.

(2) Sections 39A to 39C below apply in cases where a person’s spouse [or civil partner] dies on or after the appointed day, but section 39A also applies (in accordance with subsection (1)(b) of that section) in cases where a man’s wife has died before that day.

(3) In this section, and in sections 39A and 39B below, “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.

Section 37

(1) A woman who has been widowed shall be entitled to a widowed mother’s allowance at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widowed mother’s allowance specified in Schedule 3, Part I, paragraph 5 and either:

(a) the woman is entitled to child benefit in respect of a child [or qualifying young person] falling within subsection (2) below; or

(b) the woman is pregnant by her late husband; or

(c) if the woman and her late husband were residing together immediately before the time of his death, the woman is pregnant as the result of being artificially inseminated before that time with the semen of some person other than her husband, or as the result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(2) A child [or qualifying young person] falls within this subsection if one of the conditions specified in section [77(5)] below is for the time being satisfied with respect to the child [or qualifying young person] and the child [or qualifying young person] is either:

(a) a son or daughter of the woman and her late husband; or

(b) a child [or qualifying young person] in respect of whom her late husband was immediately before his death entitled to child benefit; or

(c) if the woman and her late husband were residing together immediately before his death, a child [or qualifying young person] in respect of whom she was then entitled to child benefit.

(3) The widow shall not be entitled to the allowance for any period after she remarries [or forms a civil partnership], but, subject to that, she shall continue to be entitled to it for any period throughout which she satisfies the requirements of subsection (1)(a),(b) or (c) above.

(4) A widowed mother’s allowance shall not be payable:

(a) for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act;

(b)  for any period during which she and a man to whom she is not married are living together as husband and wife [or

(c) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

Section 38

(1) A woman who has been widowed shall be entitled to a widow’s pension at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widow’s pension specified in Schedule 3, Part I, paragraph 5 and either:

(a)  she was, at the husband’s death, over the age of 45 but under the age of 65; or

(b) she ceased to be entitled to a widowed mother’s allowance at a time when she was over the age of 45 but under the age of 65.

(2) The widow shall not be entitled to the pension for any period after she remarries [or forms a civil partnership], but, subject to that, she shall continue to be entitled to it until she attains [pensionable age].

(3) A widow’s pension shall not be payable:

(a) for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act;

(b) for any period for which she is entitled to a widowed mother’s allowance;

 (c) for any period during which she and a man to whom she is not married are living together as husband and wife, [or

(d) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

(4) In the case of a widow whose late husband died before 11th April 1988 and who either:

(a)     was over the age of 40 but under the age of 55 at the time of her husband’s death; or

(b)     is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance, subsection (1) above shall have effect as if for “45” there were substituted “40”.

Section 39

(1) The weekly rate of

 (a)  a widowed mother’s allowance, widow’s pension.

(b)  a widow’s pension,

shall be determined in accordance with the provisions of [6,7sections 44 to [45B]] below as they apply in the case of a Category a retirement pension, but subject, in particular, to the following provisions of this section and section [146] below.

(2) In the application of [2,3sections 44 to [45B]] below by virtue of subsection (1) above:

(a) where the woman’s husband was over pensionable age when he died, references in those sections to the pensioner shall be taken as references to the husband, and

(b) where the husband was under pensionable age when he died, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the husband and the tax year in which he dried.

(3) […]

(4) Where a widow’s pension is payable to a woman who was under the age of 55 at the time when the applicable qualifying condition was fulfilled, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which her age at that time was less than 55 (any fraction of a year begin counted as a year).

(5) For the purposes of subsection (4) above, the time when the applicable qualifying condition was fulfilled is the time when the woman’s late husband died or, as the case may be, the time when she ceased to be entitled to a widowed mother’s allowance.

(6) In the case of a widow whose later husband died before 11th April 1988 and who either:

(a)  was over the age of 40 but under the age of 55 at the time of her husband’s death; or

(b) is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance, subsection (4) above shall have effect as if for “55” there were substituted “50”, in both places where it occurs.

Widowed Parent’s Allowance and Bereavement Allowance: sections 39A to and 39C, for deaths occurring on or afterbetween 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

(c) the surviving civil partner is a woman who:

(i) was residing together with the deceased civil partner immediately before the time of the death, and

(ii) is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(3) A child [or qualifying young person] falls within this subsection if one of the conditions specified in sections [77(5)] below is for the time being satisfied with respect to the child [or qualifying young person] and the child [or qualifying young person] is either:

(a) a son or daughter of the surviving spouse [or civil partner] and the deceased spouse [or civil partner]; or

(b) a child [or qualifying young person] in respect of whom the deceased spouse [or civil partner] was immediately before his or her death entitled to child benefit; or

(c) if the surviving spouse [or civil partner] and the deceased spouse [or civil partner] were residing together immediately before his or her death, a child [or qualifying young person] in respect of whom the surviving spouse [or civil partner] was then entitled to child benefit.

(4) The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it for any period throughout which she or he:

(a) satisfied the requirements for subsection (2)(a) or (b) above; and

(b) is under pensionable age.

(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he:

(a) satisfies the requirements of subsection (2)(a) or (b) above; and

(b) is under pensionable age.

(5) A widowed parent’s allowance shall not be payable:

(a) for any period falling before the day on which the surviving spouse’s [or civil partner’s] entitlement is to be regarded as commencing by virtue of section 5(1)(k) of the Administration Act;

(b) for any period during which the surviving spouse [or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife [or

(c)  for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

Section 39B

(1) This section applies where a person whose spouse [or civil partner] dies on or after the appointed day is over the age of 45 but under pensionable age at the spouse’s [or civil partner’s] death.

(2) The surviving spouse [or civil partner] shall be entitled to a bereavement allowance at the rate determined in accordance with section 39C below if the deceased spouse [or civil partner] satisfied the contribution conditions for a bereavement allowance specified in Schedule 3, Part I, paragraph 5.

(3) A bereavement allowance shall be payable for not more than 52 weeks beginning with the date of the spouse’s [or civil partner’s] death or (if later) the day on which the surviving spouse’s [or civil partner’s] entitlement is to be regarded as commencing by virtue of section 5 (1)(k) of the Administration Act.

(4) The surviving spouse shall not be entitled to the allowance for any period after she or he remarries [or forms a civil partnership], but, subject to that, the surviving spouse shall continue to be entitled to it until:

(a) she or he attains pensionable age, or

(b) the period of 52 weeks mentioned in subsection (3) above expires, whichever happens first.

 (4A)The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it until:

(a) she or he attains pensionable age, or

(b) the period of 52 weeks mentioned in subsection (3) above expires, whichever happens first.

(5) The allowance shall not be payable:

(a) for any period which the surviving spouse [or civil partner] is entitled to a widowed parent’s allowance;

(b) for any period during which the surviving spouse [or civil partner] and a person of the opposite sex to whom she or he is not married are living together as husband and wife or

(c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

See also S.I. 2001/1085 at page 3.8391 for modifications relating to inherited SERPS from 6.10.02.

Section 39C

(1) The weekly rate of a widowed parent’s allowance shall be determined in accordance with the provisions of section 44 to [45AA] [and Schedule 4A] below as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section [46] below.

(2) The weekly rate of a bereavement allowance shall be determined in accordance with the provisions of section 44 below as they apply in the case of a Category A retirement pension so far as consisting only of the basic pension referred to in subsection

(3)(a) of that section, but subject, in particular, to the following provisions of this section.

(3) In the application of sections 44 to [45AA] [and Schedule 4A] or (as the case may be) section 44 below by virtue of subsection (1) or (2) above:

(a) where the deceased spouse [or civil partner] was over pensionable age at his or her death, references in those [provisions] to the pensioner shall be taken as references to the deceased spouse [or civil partner], and

(b) where the deceased spouse [or civil partner] was under pensionable age at his or her death, references in those [provisions] to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the deceased spouse [or civil partner]and the tax year in which he or she died.

(4) Where a widowed parent’s allowance is payable to a person whose spouse [or civil partner] dies after [5th October 2002], the additional pension falling to be calculated under sections 44 to [45AA] [and Schedule 4A] below by virtue of subsection (1) above shall be one half of the amount which it would be apart from this

subsection.

(5) Where a bereavement allowance is payable to a person who was under the age of 55 at the time of the spouse’s [or civil partner’s] death, the weekly rate of the allowance shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which that person’s age at that time was less than 55 (any fraction of a year being counted as a year).

X - 3. Persons protected

§1(c) Article 1 C102

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

Article 61. C102

The persons protected shall comprise:

(a) the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees; or

(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.

Question C (ii)

TITLE II (Article 76)

     A.    Number of economically active persons protected -

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

     ii.     Under special schemes         nil

             TOTAL                                   30,527,000

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

    

     C.    Percentage A/B 46.89%

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

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

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.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017) – pending

Social Security (Minimum Standards) Convention, 1952 (No. 102)

Part X (Survivors’ benefit), Article 62 (Calculation of the level of benefit). The Committee notes that, according to the data given in the report on Convention No. 102, the weekly rate of widow’s benefit together with Child Benefit but excluding CTC will provide a replacement rate of 36.18 per cent, which is below the minimum level of 40 per cent guaranteed by the Convention. Referring to its comments under Article 16 above, the Committee concludes that the United Kingdom does not fulfil its obligations under Part X of the Convention as regards the guaranteed level of the survivors’ benefit.

Please provide a reply to the CEACR’s conclusion.

The Government would respectfully submit that the 36.18% replacement level achieved, based on the minimum reduced basic rate of benefit payable (25%), should be considered in light of the provision of Article 63(3) of the Convention whereby the 40% level fixed by the Convention can be reduced by a further ten points in cases where only the minimum qualifying conditions are satisfied. The Government is of the view that the 40% replacement level was not intended to, and should not apply in all cases irrespective of the qualifying conditions.

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

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

£371.70

Title IV of RF/C102/ECSS (Article 66), according to which the standard beneficiary is a widow with two children. (2015/16 rates)

·         Amount of Survivors’ Benefit granted during the time basis

£112.55 (basic Widowed Parent’s Allowance)

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

£151.90

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

£151.90

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

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

50.51%

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

·         Amount of benefit granted during the time basis.

£112.55

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


31%

Table 2

Widow’s Benefits Average Weekly amount of benefit by age of claimant

Age of claimant

Total

Unknown age

18-24

25-29

30-34

35-39

40-44

45-49

50-54

55-59

60-64

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Type of WA

83.4883.15

.

.

.

.

..109.03

109.29130.56

56.7183.07

70.0977.85

84.3886.75

85.6181.28

Total

WP not age related

142.81136.12

.

.

.

.

...

...

...

...

152.07147.82

140.98131.06

WP age related

77.8674.94

.

.

.

.

...

...

47.4652.54

68.9669.53

80.3380.47

78.8673.65

WMA with dependants

136.13145.85

.

.

.

.

..112.09

109.29132.58

141.66140.99

150.39154.81

151.63156.01

77.78141.05

WMA without dependants

44.4260.69

.

.

.

.

...

..92.90

..66.45

70.6655.77

41.7751.33

...

Unknown

.

.

.

.

.

.

.

.

.

.

.

Table 3

Bereavement Benefits Average Weekly amount of benefit by age of claimant

Age of claimant

Total

Unknown age

18-24

25-29

30-34

35-39

40-44

45-49

50-54

55-59

60-64

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Average weekly
amount of benefit

Type of BA

112.44104.32

.

92.67102.05

102.77102.01

104.30101.50

106.61103.15

108.27107.92

112.89103.03

115.67103.08

117.24106.92

117.41102.42

Total

BA not age related

66.59102.04

.

...

...

...

...

...

...

...

..103.01

66.59101.13

BA age related

58.6872.74

.

...

...

...

...

...

..45.53

..79.50

69.2395.37

...

WPA with dependants

112.51110.63

.

92.67100.70

103.14102.06

104.30101.54

106.66103.23

108.29107.98

112.94111.63

115.73114.45

117.39116.13

117.87113.28

WPA without dependants

72.8076.05

.

...

...

..91.46

..76.16

87.8866.34

68.2683.93

83.7269.84

76.4567.88

54.89.

Unknown

.

.

.

.

.

.

.

.

.

.

.

DEFINITIONS AND CONVENTIONS: "-" Nil or Negligible; "." Not applicable; Caseload figures are rounded to the nearest ten; Some additional disclosure control has also been applied. Average amounts are shown as pounds per week and rounded to the nearest penny. Totals may not sum due to rounding.
SOURCE: DWP , Data and Analytics, Technology - Work and Pensions Longitudinal Study.
STATE PENSION AGE: The age at which men and women reach State Pension age is gradually increasing. Under current legislation, State Pension age for women will equalise with State Pension age for men at 65 in 2018. Both men's and women's State Pension age will increase from 65 to 66 between December 2018 and October 2020. The Pensions Bill 2013-14 contains provision for a State Pension age of 67 to be reached by 2028. For more information see

 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207966/espa.pdf.
Notes:
Average weekly amount of benefit The amount of Bereavement Allowance (BA) is affected by the introduction in April 2003 of Child Tax Credit. From that date there were no new child dependency increases (CDIs) awarded to BA claimants, although existing CDIs were transitionally protected.
Type of BAThe category 'WPA with dependants' will include clients getting paid at the personal rate only due to the introduction of Child Tax Credits in April 2003. To obtain figures for those who still receive Child Dependency Increases, under the transitional protection arrangements, use the 'type of dependant' option.

X – 5. Adjustment of benefits

§10 Article 65, §8 Article 66. C102

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

TITLE VI (Article 65)

Period under review            

(closest published figures) 

Cost of living index (RPI) (*)

Index of earnings (**)

A. March 2011                      

100              

100

B. March 2015

112.6           

107.5

C. A/B per cent

88.8%         

93.0%

(*)  Retail Price Index (RPI) All items

(**)  Annual Survey of Hours and Earnings

Over the period of the report, weekly rates of bereavement benefits changed as follows:

Table 1

April 2011

April 2015*

Increase %

Widowed Mothers/Parent’s  Allowance

100.7

112.55

11.8

Widow's Pension

100.7

112.55

11.8

Average amounts of benefits in payment at the beginning of the reporting period and latest available figures are set out in Tables 2 and 3 below.

X - 6. Qualifying period

§1(f) Article 1 C102

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

Article 63. C102

1. The benefit specified in Article 62 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

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

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

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

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

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

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

5. In order that a childless widow presumed to be incapable of self-support may be entitled to a survivor's benefit, a minimum duration of the marriage may be required.

Bereavement Payment

Schedule 3 para 4. Social Security Contributions and Benefits Act 1992

 (1) The contribution condition for a bereavement payment is that:

(a) the contributor concerned must in respect of any one relevant year have actually paid contributions of a relevant class; and

(b) the earnings factor derived as mentioned in sub-paragraph (2) below must be not less than that year’s lower earnings limit multiplied by 25.

(2) The earnings factor referred to in paragraph (b) of sub-paragraph (1) above is that which is derived:

(a) if the year in question is 1987-88 or any subsequent year, from so much of the contributor’s earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions, or

(b) if the year in question is an earlier year, from the contributions referred to in paragraph (a) of that sub-paragraph.

(3) For the purposes of this condition a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age.

Widowed mother’s allowance [widowed parent’s allowance, bereavement allowance,] and widow’s pension; retirement pensions (Categories A and B)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017) - pending

Social Security (Minimum Standards) Convention, 1952 (No. 102)

Part X (Survivors’ benefit), Articles 63 (Qualifying period) and 69 (Suspension of benefit). Please indicate how these provisions are applied in national law and practice.

Please provide a reply to the CEACR’s conclusion.

To qualify for WPA the deceased spouse must satisfy both the 1st 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 2nd 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.

Bereavement allowance (social insurance):  The allowance is paid for up to 52 weeks after the death. 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;

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

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

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

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

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

 (j) in the case of survivors' benefit, as long as the widow is living with a man as his wife.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017) - pending

Social Security (Minimum Standards) Convention, 1952 (No. 102)

Part X (Survivors’ benefit), Articles 63 (Qualifying period) and 69 (Suspension of benefit). Please indicate how these provisions are applied in national law and practice.

Please provide a reply to the CEACR’s conclusion.

UK response:

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.

RF/C102/ECSS: please indicate, with reference to Article 69 and more particularly to subparagraph (J), the provisions, if any, for the suspension of the survivors’ benefit under the scheme or schemes concerned.

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 £38371.4470 per week, being the median gross weekly earning (excluding overtime) for full-time male employees who are classified as unskilled labourers in the manufacture of machinery other than electrical machinery (SOC 91 and SIC 28), Annual Survey of Hours and Earnings (ASHE) 2014-2015[12].

Article 66 (4) refers to ISIC Rev 4, Division 28 (Manufacture of Machinery and Equipment N.E.C). ISIC Rev 4 and UK SIC (2007) are identical at the two divisional level. In addition, Division 28 excludes manufacture of electrical machinery, and therefore meets the requirement specified. The requirement also states “a person deemed typical of unskilled labour”. The best match for this criterion is SOC 2010 Sub-Major Group 91 (Elementary Trade and Related Occupations). So, from a Classifications point of view, using SOC 2010 Sub-Major Group 91 in conjunction with UK SIC (2007) Division 28, in the Government’s view, provide the closest possible match to the requirement specified.


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.

UK response:

A. Residents who are not nationals have the same rights as national residents, as stipulated in this Article.

B. 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 disapplied.

C. 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.

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.

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.

The Social Security Act, 1988 (http://www.dwp.gov.uk/docs/a1-3001.pdf ) had introduced a comprehensive reform of decision making and appeals procedures and the position subsequently remained more or less the same until recent reforms were introduced by the Welfare Reform Act of 2012, effective from April 2013. The current reforms will streamline and simplify procedures with a view to early internal resolution and to reducing the need for disputes to go to tribunals for decision.

Appeals process changes for all DWP benefits and child maintenance cases

The appeals process is changing so that more disputes involving Department for Work and Pensions (DWP) decisions can be resolved without the need for referral to Her Majesty’s Courts and Tribunals Service (HMCTS).  DWP is committed to preventing disputes, reducing the escalation of disputes, resolving disputes and learning from disputes.  From April 2013, DWP began to introduce these changes, which were part of the Welfare Reform Act 2012.

DWP will reconsider all decisions before an appeal. If someone disputes a decision, they will need to ask DWP to reconsider the decision before they can appeal to HMCTS. This is known as “mandatory reconsideration”. The change aims to make sure that people understand the decision and encourages them to provide additional evidence earlier in the process. Resolving disputes without the need for an appeal should also help ensure that people receive the right decision earlier in the process.

Appeals are to be made directly to HMCTS. This change means that, after DWP has reconsidered a decision, if someone still disputes the decision and wishes to appeal, they must send their appeal directly to HMCTS. This is known as “direct lodgement”. It brings the process for Social Security and child maintenance appeals into line with other major tribunal jurisdictions handled by HMCTS.

Time limits for DWP to return responses to HMCTS are being introduced. DWP has agreed to the request of the Tribunal Procedure Committee to introduce time limits for DWP to return appeal responses to HMCTS, and undertaken to provide an appeal response within 28 calendar days in benefits cases, and within 42 calendar days in child maintenance cases.

DWP introduced all three changes for Personal Independence Payment and Universal Credit in April 2013. For all other DWP benefits and child maintenance cases, mandatory reconsideration, direct lodgement and time limits will be introduced towards the end of October 2013, and DWP will begin to report against the time limits from October 2014.

(Corresponding provision is made in the Northern Ireland legislation.)

 

Rights to obtain information and advice

Legal provisions

In relation to benefit awards, a claimant or their legally appointed representative can seek information or advice at any time. There is no legal basis for this right; it arises from their entitlement to benefit.  Any other third party can seek information, but there are strict data protection principles in place which restrict what, if anything can be disclosed about a claimant.

In Northern Ireland, a person who makes a claim under the Welfare Reform (NI) Order 2015 has a legal right to advice and assistance which is available free of charge. Article 138 of that Order refers.

Practical procedures        

Claimants can attend an office, telephone, write or use electronic media.

Leaflet GL24 “If you think your decision is wrong”, April 2013 edition, gives current guidance and advice on reconsideration of decisions and appeal rights and also includes an appeal form for cases arising before October 2013 under existing procedures.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/191806/GL24_042013_WEB.PDF

Advice on appealing against a decision made on or after 28 October 2013 will be set out in the claimant’s notification of the decision made on the benefit claim.

Legislation

The Tribunals, Courts and Enforcement Act 2007; http://www.legislation.gov.uk/ukpga/2007/15/contents

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008; http://www.legislation.gov.uk/uksi/2008/2685/contents/made

The Tribunal Procedure (Upper Tribunal) Rules 2008; http://www.justice.gov.uk/downloads/tribunals/general/upper-tribs-rules.pdf

The Social Security and Child Support (Decisions and Appeals) Regulations 1999; http://www.legislation.gov.uk/uksi/1999/991/contents/made

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013. http://www.legislation.gov.uk/uksi/2013/381/contents/made

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

Practical procedures

Under the current provisions, claimants are able to request a reconsideration of decisions and appeal to the First-tier Tier Tribunal (application being made to the DWP and not Her Majesty’s Courts and Tribunals Service, which administers appeal hearings), with further appeals to the Upper Tribunal, Court of Appeal, Supreme Court and EUCJ / ECHR.

New provisions, from April 2013 for Personal Independence Payment and Universal Credit (and from October 2013 for all other benefits) mean that an appeal can only be lodged after a claimant has gone through the reconsideration process, that is, a claimant must first ask the Secretary of State to look again at his decision with a view to revising it.  This is known as “mandatory reconsideration”. Following such reconsideration, if the claimant still disagrees with the decision, there is a right to an independent tribunal. To exercise that right, the claimant will make the appeal directly to Her Majesty’s Courts and Tribunals Service (HMCTS). HMCTS will request an explanation of the decision from the DWP – for benefit appeals this ‘response’ should be provided within 28 days (this time limit is new).  The appeal will then be heard. As now, if the claimant disagrees with the tribunal’s decision he can seek leave to appeal to the Upper Tribunal (on a point of law only).

With regard to letting claimants know about the above, they are informed in their initial decision notification how to dispute the decision, that is ask for a reconsideration or a mandatory reconsideration; they are also told how to how to appeal - under the new decision making process this information is included in the notice telling them about the outcome of their mandatory reconsideration request. They are given further information as their appeal progresses.

The respective Tribunals inform appellants about what to do should they disagree with the Tribunal’s decision.

Right to be represented and assisted before relevant courts and tribunals, including access to funding

From 1 April 2013 the Legal Aid, Sentencing and Punishment of Offenders Act 2012 http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted removed most welfare benefits cases from the scope of legal aid for appeal to the First-tier Tribunal (it should be noted that before the change it was only available at the advice stage and not for representation at the hearing). However, it has been retained for advice on welfare benefit appeals to the Upper Tribunal, and advice and legal representation for onward appeals to the Court of Appeal and Supreme Court.

Under rule 11 of The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, claimants can appoint a person to represent them before a First-tier Tribunal; similar provision is made in rule 11 of The Tribunal Procedure (Upper Tribunal) Rules 2008.

Practical procedures

The Government’s Gov.UK website sets out clear and concise instructions on to how to apply for legal aid. https://www.gov.uk/legal-aid/overview

Right to be able to challenge malpractices by social security administration before competent inspection and supervisory bodies and to request their intervention

The Department has a formal complaints procedure both for complaints and expressions of dissatisfaction with DWP policy, administration or members of staff.

DWP does its utmost to ensure that where possible all such complaints are resolved in house.  Each of the DWP’s five customer serving business units has its complaints procedures, with a commitment to respond within two weeks by either accepting the complaint, with details of what is being done to put matters right, or, if not accepted, giving reasons why. If not satisfied, the complaining customer can request a review by a more senior staff member.  DWP has an online complaints service mechanism for these purposes.

The Independent Case Examiner (ICE) was introduced in April 1997 to investigate complaints of maladministration against the Child Support Agency. Since April 2007, the ICE has also investigated complaints of maladministration against all customer facing businesses within the Department. The ICE can be approached directly by the customer, once internal complaints procedures have been exhausted. The ICE cannot, however, consider matters of law or government policy. The department will act upon recommendations made by ICE, unless there are exceptional reasons why they can not be implemented.

If the Independent Examiner does not resolve the matter satisfactorily, redress can be sought through the Parliamentary and Health Service Ombudsman. Judicial Review is also available.

Northern Ireland

Mandatory Reconsiderations

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

The Northern Ireland Welfare Reform Bill will, subject to agreement, include a corresponding clause relating to mandatory reconsiderations.

XIII – 3. Financing and Administration

Article 71. C102, Article 70. ECSS

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

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

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

Article 72. C102, Article 71. ECSS

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

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

Financing(Article 71. C102, Article 70. ECSS)

Estimated outturn figures (GB£ million) for the year 2015-2016.

Part to which ratification applies

Expenditure on the protection of employees, their wives and children (A)

Insurance contributions borne by the employees protected (B)

II

138,700 (a)

£8,662 (b)

III

4,441 (contributions based Employment & Support Allowance)

IV

341 (contributions based Job Seekers Allowance)

V

70,973 (Retirement Pension – Basic Pension and Graduated Benefit)

18,119 (Retirement Pension - Additional Pension)

128 (Christmas Bonus – this is a single tax-free payment available for people who get one of the qualifying benefits in the qualifying week)

TOTAL     (excluding II)

£94,002m

£37,645 (c)

(Source: Government Actuary Report on the Social Security Benefits Up-rating Order 2016[13] unless otherwise stated).

Expenditure on Part VII Family Benefits and Tax Credits is met wholly from general taxation.

NOTES:

(a) See Her Majesty’s Treasury entitled ‘Public Expenditure Statistical Analyses 2015-16’, page 70, table 4.2[14].

(b) The National Health Service is financed mainly through general taxation with a small element coming from National Insurance Contributions (NICs) paid by workers (£8.662mil ) and employers (£12.429 mil) – see Appendix 4 Government Actuary Report). All other expenditure figures are taken from table 4.2 (page 14) in this report.

(c) Does not include NHS Contribution listed against II (b) above. It is not possible to break this figure down according to benefit, except for Part II. Employee’s contributions to the National Insurance Fund also help meet the cost of maternity benefits, Guardian’s Allowance and Redundancy Payments.

Percentage B/A 40.0%, but see Note (c) above.

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

The continuing equalisation of women’s and men’s State Pension age slightly reduced the number of people entitled to old age benefit in 2015/16.

·         RF/C102/ECSS: please indicate the principal changes that have been made during the period covered by the reports as regards benefit:

Benefits have been increased annually as provided for in the Social Security Benefits Up-rating Orders

·         RF/C102/ECSS: please indicate the principal changes that have been made during the period covered by the reports as regards rates of contribution:

Full details of the rates of benefits provided from the National Insurance Fund are shown in Appendix 1 of the Government Actuary’s Up-rating Report 2016[15].

·         RF/C102/ECSS: please state whether the necessary actuarial studies and calculations concerning the financial equilibrium are made periodically. Where this has not already been done, please forward the results of any such studies and calculations.

Please see Government Actuary’s Report 2014/159.

The Report of the Government Actuary on the potential impact on the National Insurance Fund of the draft Social Security Benefits Up-rating Order 20194 and the draft Social Security (Contributions) (Re-rating) Order 2014 2019 that were to introduce the 2014 2019 annual rates of Contributions and Benefits as set out in Tables 1 and 2 above, and also the response in respect of the table of benefits set out in Part I B of this report above, can be viewed via the following link:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/771441/CCS207_CCS1218213668-001_GA_Uprating_Report_2019_Web.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/275294/36532_GAD_Report_Web_Accessible.pdf

Financing - United Kingdom

(a)      Changes made during the reference period.

From April 2015 2019 the employee and employer’s percentage rates of National Insurance contributions (NICs) were unchanged from the previous tax year. For employees the rate remained at 12% on earnings above the primary threshold up to the upper earnings limit (UEL). It also remained at 13.8% for employers above the secondary threshold. In addition, NICs remains payable at 2% on earnings above the upper earnings limit by employees. For employees all limits andand the weekly/monthly monetary thresholds applicable to each of the percentage rate bands has increased each tax year in line with inflation, with the exception of UEL, which was has increased from £892 per week in 2018/19 to  £962  per week in 2019/20 by £10 to £815 per week to align with the point at which the higher rate of income tax becomes payable. The Upper Accrual Point remains frozen at a weekly level of £770, the same as when it was introduced on 6 April 2009. With regard to the self-employed, for 2019/20, the rate of Class 4 NICs remains at 9% on profits between the Lower and Upper Profits Limit (UPL) and 2% on profits over the UPL. In addition, the Class 4 NICs is payable above UPL at a rate of 2%. The Lower Profits Limit was increased in line with inflation from £8424 per year in 2018/19 to  £8632 per year for 2019/20. The UPL increased from £46,350 per year in 2018/19 to £50,000 a year in 2019/20.by £104 to £8060 per year. Flat rate Class 2 contributions, which secure access to benefits, were increased from £2.95 in 2018/19 per week to to £3.00 per week in 2019/20by £0.05 to £2.80 per week. For the non-employed, the flat rate of Class 3 contributions was increased from £14.65 per week in 2018/19 to £15 per week in 2019/20.by £0.20 per week to £14.10 per week.

From April 2015, employer National Insurance contributions (NICs) are abolished for under 21 year olds on earnings up to the upper secondary threshold (£815 a week in 2015-16). The abolition of employer NICs for under 21s will lower the cost of their employment considerably. For example, it will become over £500 cheaper to employ an under 21 year old earning £12,000 a year, and over £1,000 cheaper to employ an under 21 year old earning £16,000 a year. Employers of around 1.8 million young people aged between 16 and 21 will benefit from the abolition of their NICs liabilities, by about £332 per employee on average.

Tables on earnings-related contribution rates

Table 1 - 2018/2019

WEEKLY EARNINGS

                EMPLOYEE

                EMPLOYER

                STANDARD

                REDUCED

Employees aged under 21 and Apprentices aged under 25

Employees aged 21 or  over

and Apprentices aged 25 or over

Nil - £116

Nil

Nil

Nil

NIL

£116.01 - £162

0%

0%

0%

0%

£162.01 – £892

12% of that part of earnings which exceeds £162 but does not exceed

£892

5.85% of earnings between £162 and £892

0% of earnings between  £162 and £892 £

13.8% of all earnings which exceed £162

Above £892

2% of that part of earnings which exceed £892

2% of that part of earnings which exceed £892

_________________

13.8% of all earnings which exceed £892               

Table 1 - 2014/2015 not contracted –out

WEEKLY EARNINGS

                EMPLOYEE

                EMPLOYER

                STANDARD

                REDUCED

Nil - £111

Nil

Nil

Nil

£111.01 - £153

0%

0%

0%

£153.01 – £805

12% of that part of earnings which exceeds £153 but does not exceed

£805

5.85% of earnings between £153 and £805

13.8% of all earnings which exceed £153

Above £805

2% of that part of earnings which exceed £805

2% of that part of earnings which exceed £805

                 

Table 2 - 2014/2015 contracted-out

Employers pay standard rate contributions at the not-contracted-out rate on earnings over £770, which is the new weekly Upper Accrual Point

WEEKLY EARNINGS

                EMPLOYEE[1]

                EMPLOYER*

STANDARD

                REDUCED

Nil - £111

Nil

Nil

Nil

£101101 – £153

0%

0%

0%

£153.01  – £770

10.4% of that part of earnings which exceeds £153 but does not exceed £770

5.85% of earnings between £153.01  and £805

10.1% on earnings between £153.01  and £770

£770.01 to £805

12% of that part of earnings which exceeds £770 but does not exceed £805

13.8% on all earnings which exceed £ 770

Above £805

2% of that part of earnings which exceed £805

2% of that part of earnings which exceed £805

* Rates only apply to Contracted-out Salary Related Occupational Pension Schemes.  A different structure and rate applies to Contracted-Out Money Purchase Schemes.

(b)      Changes implemented for the 20195/2016 2020 tax year

April 2015 2019 uprating increases

Table 1 - 2019/2020

WEEKLY EARNINGS

                EMPLOYEE

                EMPLOYER

                STANDARD

                REDUCED

Employees aged under 21 and Apprentices aged under 25

Employees aged 21 or over and Apprentices aged 25 or over

Nil - £118

Nil

Nil

Nil

NIL

£118.01 - £166

0%

0%

0%

0%

£166.01 – £962

12% of that part of earnings which exceeds £166 but does not exceed

£962

5.85% of earnings between £166 and 962

0% of earnings between  £166 and £962

13.8% of all earnings which exceed £166

Above £962

2% of that part of earnings which exceed £962

2% of that part of earnings which exceed £962

______________________

13.8% of all earnings which exceed £962       

Table 1 - 2014/2015 not contracted –out

WEEKLY EARNINGS

                EMPLOYEE

                EMPLOYER

                STANDARD

                REDUCED

Nil - £112

Nil

Nil

Nil

£112.01 - £155

0%

0%

0%

£155.01 – £815

12% of that part of earnings which exceeds £155 but does not exceed

£815

5.85% of earnings between £155 and £815

13.8% of all earnings which exceed £155

Above £815

2% of that part of earnings which exceed £815

2% of that part of earnings which exceed £815

                 

Table 2 - 2014/2015 contracted-out

Employers pay standard rate contributions at the not-contracted-out rate on earnings over £770, which is the weekly Upper Accrual Point

WEEKLY EARNINGS

                EMPLOYEE[1]

                EMPLOYER*

STANDARD

                REDUCED

Nil - £112

Nil

Nil

Nil

£112.01 – £155

0%

0%

0%

£155.01  – £770

10.4% of that part of earnings which exceeds £155 but does not exceed £770

5.85% of earnings between £155.01  and £815

10.1% on earnings between £155.01  and £770

£770.01 to £815

12% of that part of earnings which exceeds £770 but does not exceed £815

13.8% on all earnings which exceed £ 770

Above £815

2% of that part of earnings which exceed £815

2% of that part of earnings which exceed £815

* Rates only apply to Contracted-out Salary Related Occupational Pension Schemes.  A different structure and rate applies to Contracted-Out Money Purchase Schemes.

(c) Research (including evaluation), completed or initiated

Research and statistics commissioned by, or relevant to, Her Majesty’s Revenue and Customs may be found here:

http://www.hmrc.gov.uk/thelibrary/research.htm

Northern Ireland

DFC welfare changes briefing and evaluation framework –

https://www.communities-ni.gov.uk/topics/welfare-changes-briefing

https://www.communities-ni.gov.uk/topics/welfare-changes-briefing

DFC Statistical Report published 26 June 2019 on UC statistics - https://www.communities-ni.gov.uk/articles/universal-credit-statistics

Administration

Restructuring of the Department for Work and Pensions

The content included in this section was included as part of the 2018 Consolidated Report, and has not been edited or updated in the creation of the 2019 Consolidated Report.

From 3rd October 2011 the day-to-day operations of Jobcentre Plus and the Pension, Disability and Carers Service were brought under the leadership of a single Chief Operating Officer, as part of the overall restructuring of the Department for Work and Pensions (DWP) with a view to making it more efficient and streamlining its management. Jobcentre Plus and the Pension, Disability and Carers Service no longer have formal executive agency status.

The DWP also established a stronger Departmental Board, chaired by the Secretary of State with a strong team of non-executives led by Ian Cheshire (Group Chief Executive of Kingfisher plc). The changes reflect a single, smaller, Executive Team for the whole Department, led by the Permanent Secretary and including the new Chief Operating Officer.

These changes do not affect the way help and support services are provided to the public. Services under the brands of Jobcentre Plus, Pension Service, and Disability and Carers Service continue to be delivered to jobseekers, benefit claimants and pensioners as before, ahead of the introduction of Universal Credit in 2013. Ministerial accountability remains unaffected by the changes.

Research

The complete range of DWP research completed and planned can be viewed at:

http://research.dwp.gov.uk/asd/asd5/rrs-index.asp

                                                                                              


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

The content included in this Annex was included as part of the 2018 Consolidated Report, and has not been edited or updated in the creation of the 2019 Consolidated Report.

a)      Health at Work - an independent review of sickness absence

In February 2011, the Department for Work and Pensions and the Department for Business, Innovation and Skills commissioned a review of sickness absence in Great Britain.  The independent Review, undertaken by Dame Carol Black and David Frost, was published on 21 November 2011 - “Health at Work - an independent review of sickness absence[16]

The key purpose of the Review was to make recommendations to help people who can work to stay attached to the labour market through periods of ill health, whilst ensuring those too sick to work receive support quickly. The key recommendations are:

·      a State-funded Independent Assessment Service to help employers manage absence and support employees back to work sooner. It would complement the GP role in sickness certification by assessing an individual’s functional ability for work at the four-week stage of sickness absence, and provide advice on how an employee can be helped to return to work;

·      that expenditure by employers on medical treatments or vocational rehabilitation should attract tax relief, where it assists basic-rate taxpayers. Currently this expenditure is treated as a benefit-in-kind, and tax and National Insurance are both levied as if it were part of the employee’s pay;

·      the abolition of the Percentage Threshold Scheme (PTS), which currently costs Government £50m a year to reimburse part of the sick pay costs of firms, predominantly smaller ones, whose sickness absence bill goes above a certain proportion of their National Insurance costs. Evidence suggests that much of the three-year record-keeping requirement under Statutory Sick Pay can be related to PTS. The review also recommended that this associated administrative burden should be scrapped;

·      the introduction of a new job-brokering service, free for those experiencing long-term absences of 20 weeks or more. The reviewers suggest that employers and individuals could access it earlier, for a charge; and that the service should be aimed at those people who could return to work but, for whatever reason, need a change of employer;

·      that public sector employers should address sickness absence in the public sector, making use of the Independent Assessment Service and the job brokering service where appropriate. The reviewers believe public sector employers could save significant sums of money if the worst performing emulated the best. The review also recommended that Government should review occupational sick pay policy in the public sector. The Review covered the private and public sectors, and all recommendations apply to both sectors; and

·      the abolition of the 13-week Employment and Support Allowance (ESA) assessment phase, which precedes the Work Capability Assessment (WCA). Claimants would go onto ESA only if they qualify after the WCA. This would be supported by other changes within Jobcentre Plus to make sure the right people are directed to the correct benefit.

The Government plans to publish a response in November 2012, after taking time to consider the Review’s findings and recommendations, which have raised complex issues and will require further and detailed consideration to address feasibility, costs, benefits and wider consequences.

The Government’s response

As explained in the previous report, in November 2011, the then Government welcomed the findings of Health at Work - an independent review of sickness absence in Great Britain by Dame Carol Black and David Frost CBE.

The review produced recommendations calling for a number of improvements including:

The lack of access to occupational health advice was identified as one of the obstacles to people returning to work, especially within Small-medium enterprises (SMEs). ‘Fit for Work’ will complement existing occupational health services and fill the gap in support where this exists.

The advice element of the service is now live, providing free advice to anyone requiring work-related health advice, including employees, employers and GPs.

On 9 March 2015, GPs in Sheffield and Betsi Cadwaladr University Health Board area began referring eligible patients to a Fit for Work occupational health assessment. Fit for Work will be expanded across England and Wales over a period of months with GPs being able to refer nationwide by autumn 2015. All employers nationally will be able to refer from autumn 2015, once GP referrals have fully rolled out. For more information about roll-out in England and Wales, please see www.fitforwork.org

Employers in areas where GPs can refer will in future receive Return to Work Plans, which will provide recommendations and evidence of sickness, replacing the need for a fit note.

Fit for Work is being delivered in England and Wales by Health Management Ltd and in Scotland by the Scottish Government via NHS Scotland. In Scotland the service is called Fit for Work Scotland (www.FitforWorkScotland.scot)

Fit for Work Scotland assessment service went live on 30 January 2015 in three NHS Board areas, with Lanarkshire, Lothian and Tayside accepting referrals from GPs. Roll-out will extend to the remaining NHS Board areas in spring 2015, including functionality to allow employers to make referrals. For information on Fit for Work Scotland roll-out, please see www.fitforworkscotland.scot

b)      Statement of Fitness for Work[17] – “fit note”

Support for people with health conditions

The Government believes that it is important to support people with health conditions to return to appropriate work as soon as possible. There is strong evidence that long periods out of work are associated with poor mental and physical health, increased use of health services and poverty. The longer someone is off work, the lower their chances of getting back to work. Work has also been shown to have therapeutic value and is generally good for physical and mental health and well-being. On the other hand, staying off work can lead to long-term absence and job loss with the risk of isolation, loss of confidence, mental health issues, de-skilling and social exclusion.

The fit note enables doctors to provide more useful advice to their patients about the effects of their health condition and how they might be able to return to work while they recover.

The Statement of Fitness for Work was developed in partnership with employer, medical and employee representative groups based on the consultation “Reforming the Medical Statement”[18].

How fit notes are used

The fit note allows doctors to advise that patients "may be fit for work taking account of the following advice" or are "not fit for work".

Doctors can record details of the functional effects of their patient's condition – so individuals and employers can consider simple changes to the work environment or job role or other steps to help the employee return to work earlier.

The fit note also helps employers to support their employees back to work as soon as possible, so that they retain skills that are critical to business success.

Published guidance for the general public can be viewed via the following link:

http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_187161

From early July 2012, General Practitioners (GPs) will start using computer-completed fit notes. They will be printed on one side of A4 paper and will include the same information as handwritten fit notes.

Patients will still get handwritten fit notes from hospital doctors, GPs on home visits and GPs with older IT systems.

An evaluation of the Statement of Fitness for Work, Related Researches

RR 780 An evaluation of the Statement of Fitness for Work: qualitative research with General Practitioners - by Beth Fylan, Fiona Fylan and Lauren Caveney

November 2011

This report forms part of a programme of evaluation gathering evidence on the use of the Statement of Fitness for Work (fit note). On 6 April 2010, the Government implemented the fit note across England, Wales and Scotland with the aim of giving individuals and employers access to timely information about when and how sick individuals might return to work.

The research is based on 45 in-depth semi-structured interviews with General Practitioners (GPs) between February and May 2011. The report explores GPs’ views of the change in policy, how they prepared to use the fit note and use it during consultations with patients, and their views on their role in sickness certification.

http://research.dwp.gov.uk/asd/asd5/rports2011-2012/rrep780.pdf

RR 792 Evaluation of the Fit for Work Service pilots: first year report

edited by Jim Hillage - February 2012

Following Dame Carol Black’s 2008 review of the health of Britain’s working age population, 11 Fit for Work Service (FFWS) pilots were launched throughout Great Britain with the intention of testing different approaches to supporting people in the early stages of sickness absence working in small and medium-sized enterprises to get back to work as quickly as possible.

The Department for Work and Pensions (DWP), with the Department of Health (DH), commissioned a consortium involving the Institute for Employment Studies (IES), the Fit for Work Research Group at Liverpool University, the Social Policy Research Unit (SPRU) at the University of York, the National Institute of Economic and Social Research (NIESR), and GfK NOP, to evaluate the pilots. This report presents the findings from the first year of the evaluation.

http://research.dwp.gov.uk/asd/asd5/rports2011-2012/rrep792.pdf

RR 797 Evaluation of the Statement of Fitness for Work: Qualitative research with employers and employees - by Mumtaz Lalani, Pamela Meadows, Hilary Metcalf and Heather Rolfe April 2012

This report forms part of a programme of evaluation to gather evidence on the use of the Statement of Fitness for Work (fit note). On 6 April 2010 the Government implemented the fit note across Great Britain to help people who are off sick get back to work as quickly possible.

The study was based on qualitative research with a purposive sample of 54 employing organisations that had some experience of using the fit note. It explores the experiences and outcomes of the fit note from the perspectives of employers and employees to understand how these differ across businesses or organisations. The study involved interviews with employer representatives and employees conducted between March and July 2011.

http://research.dwp.gov.uk/asd/asd5/rports2011-2012/rrep797.pdf

Evaluation of the Statement of Fitness for Work (fit note): quantitative survey of fit notes (RR 841)

https://www.gov.uk/government/publications/evaluation-of-the-statement-of-fitness-for-work-fit-note-quantitative-survey-of-fit-notes-rr-841

Published: 25 June 2012

Summary: The Statement of Fitness for Work (known as a ‘fit note’) was introduced in April 2010 across England, Wales and Scotland, replacing the previous medical statement (known as a ‘sick note’). This was intended to help more people return to work from sickness absence as soon as they are able to. The fit note has the option to record that an individual ‘may be fit for work’ and to indicate basic adjustments or adaptations that could aid return to work.

As part of the fit note evaluation programme, the Department for Work and Pensions (DWP) commissioned the Institute for Employment Studies and the University of Liverpool to conduct a quantitative assessment of the fit note to strengthen the evidence base on sickness certification and sickness absence. To achieve this, 49 GP practices in five areas of Great Britain collected data for 12 months from 58,695 fit notes distributed to 25,000 patients. Data collection took place between October 2011 and January 2013.

This report presents the findings from the analysis of this fit note data. It explores the common characteristics of patients who are more likely to receive a fit note for a sickness absence and the types of advice provided. It looks at the characteristics of GPs issuing fit notes and the types of advice given about possible return to work. The report considers the factors associated with the type and length of sickness absence episodes involving one or more continuous fit notes. It also compares the role of the fit note in long-term sickness absence certification with that of the sick note.

A DWP research report to be published on the same day as this report concludes the fit note evaluation programme. The ”survey of employees” was conducted by the Office of National Statistics and looks at how helpful the fit note has been from the employee’s perspective and the interaction with their GP and employer.

A repeat survey on GPs’ attitudes towards health and work was published in April 2013. Many of the findings of the 2012 survey re-iterated those of the baseline survey conducted in 2010. Generally, GPs see themselves as having an important role in promoting the health benefits of work and fit notes increasingly help them to fulfil this role.

This research programme has informed our understanding of sickness absence and will help in the design of the new health and work assessment and advisory service (which will provide expert help to people on sickness absence). It has also contributed to the revised fit note guidance for GPs, employers and patients published in March 2013.

Series: Research reports from 2010 onwards

An evaluation of the Statement of Fitness for Work (fit note): Survey of employees (RR 840)

https://www.gov.uk/government/publications/an-evaluation-of-the-statement-of-fitness-for-work-fit-note-survey-of-employees-rr-840

Published: 1 June 2013

Summary:       The Government introduced the Statement of Fitness for Work or ‘fit note’ in April 2010, to replace the previous medical statement (known as the ‘sick note’). This was intended to help more people return to work from sickness absence as soon as they are able to. The fit note has the option to record that an individual ‘may be fit for work’ and to indicate basic adjustments or adaptations that could aid return to work.

As part of the fit note evaluation programme, the Department for Work and Pensions (DWP) commissioned the Office for National Statistics (ONS) to carry out the Fit Note Survey to examine individuals’ experience of and the perceived impact of the fit note. The survey ran for six months between January and June 2012, using a sample of 1,398 eligible adults who consented to be interviewed. The purpose of the survey was to build our knowledge on how the fit note has been used in practice since its introduction in 2010, to help strengthen the wider evidence base on sickness certification.

This report explores characteristics of the employed, their last period of sickness absence from work that was covered by a fit note. It looks at the characteristics of individuals most likely to receive a fit note, the discussion and advice given by GPs when issuing fit notes including whether work was discussed, the roles that employers played before and after being given a fit note and individuals’ perceptions of the fit note and perceived impact on their return to work.

A DWP research report to be published on the same day as this report concludes the fit note evaluation programme. The “quantitative survey of fit notes” was conducted by the Institute for Employment Studies and the University of Liverpool. 1 It looks at data from 58,695 fit notes distributed to 25,000 patients in 49 GP practices over a 12-month period between October 2011 and January 2013.

A repeat survey on GPs’ attitudes towards patients’ health and work was published in April 2013. Many of the findings of the 2012 survey re-iterated those of the baseline survey conducted in 2010. Generally, GPs see themselves as having an important role in promoting the health benefits of work and fit notes increasingly help them to fulfil this role ( Hann, M and Sibbald, B (2013). General Practitioners’ attitudes to patients’ health and work, 2010-2012.

This research programme has informed our understanding of sickness absence and will help in the design of the new health and work assessment and advisory service (which will provide expert help to people on sickness absence). It has also contributed to the revised fit note guidance for GPs, employers and patients published in March 2013.

Series: Research reports from 2010 onwards

Fit for Work: exploring future GP referrals (10 October 2014)

The aim of this study was to provide an estimate of the likely proportion of eligible employees that GPs would refer to FFW for assessment, to inform the project’s communication and engagement activity, identify the type of patients that GPs were most likely to refer and the factors affecting variation in GPs’ willingness to refer employees.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/362443/rr883-fit-for-work.pdf

Health and Wellbeing at work: Survey of Employees

This research helps us to understand health and work, what helps sickness absentees return to work and informs the Fit for Work strategy.

Key findings:

·         32% of employees had a health condition in the last 12 months, while 42% of employees had experienced at least one period of sickness absence.

·         Having a supportive employer and discussing health conditions at an early stage were associated with being less likely to have had more than two weeks off sick.

·         84% of employees thought that Fit for Work would be a useful service.

For the full report visit: https://www.gov.uk/government/publications/health-and-wellbeing-at-work-survey-of-employees

Fit for Work Service pilots 2010 to 2013: final evaluation report

This research evaluates the effectiveness of pilots to help employees return to work after a period of sickness absence.

Key findings:

·         Nearly all those using the pilot service had either a musculoskeletal condition or a common mental health condition.

·         72% of clients absent from work on entering the pilot service had returned to work by the time they had left.

·         Nine in ten clients were satisfied with the service they received, and around half thought the pilot service had helped them return to work sooner.

For the full report visit: https://www.gov.uk/government/publications/fit-for-work-service-pilots-2010-to-2013-final-evaluation-report

c)       Researches on ESA

Employment and Support Allowance Pilots

The Government is testing different approaches to supporting ESA claimants in the Work Related Activity Group (WRAG), with a prognosis of 18 months or more, to move closer to the labour market, to help the Department to understand what works for this claimant group.

The pilots will test the following three variants:

·         Health Care Professional (HCP) – work and health related focus;

·         Enhanced Jobcentre (JCP) Support – increased employment focus; and

·         Work Programme (WP) – flexible support model, determined by the provider.

The pilots will run from 25 November 2013 to 26 August 2016. Claimants will spend two years on the pilot following recruitment.

The overarching intent of the pilots is to test whether an increase in health and work related support for ESA WRAG claimants, with a prognosis of 18 months or more, can deliver better outcomes than the WP and the standard Jobcentre support. Success will be measured through improvements in health and/or perception of individual’s health and off flows into employment.

The evaluation will measure the outcomes of all three pilots. Evaluation methods will include qualitative and quantitative survey research with claimants, suppliers and JCP staff. This research will gather evidence on a wide range of topics including details of the support received, delivery challenges, claimant’s perceptions of their health conditions and perceptions of readiness to work.  The evaluation will also monitor the impact of the pilot interventions on employment and benefit outcomes via analysis of administrative data.

Decision making on Employment and Support Allowance claims (RR788)

https://www.gov.uk/government/publications/decision-making-on-employment-and-support-allowance-claims-rr788

Published: 16 July 2012

Summary:       This report covers findings from a small-scale qualitative study commissioned to understand more about how decision makers make judgments in the minority of Employment and Support Allowance (ESA) cases where they potentially face conflicting evidence. It focuses on the types of cases where these complexities arise, how decision makers deal with them and how support for decision makers could be improved.

In considering these issues, the report is deliberately focused on areas of the process where there is scope for improvement and, as such, inevitably contains negative comments about the processes as they were in the autumn of 2011.

The research took place in September and October 2011 and involved 10 group discussions with decision makers at 5 different benefit centres and 10 in-depth interviews with Atos healthcare professionals (HCPs).

The report was commissioned in June 2011 in response to recommendations in Professor Harrington’s first independent review of the Work Capability Assessment (2010).

The findings of this research informed Professor Harrington’s 2011 recommendation to audit decision makers’ performance. This audit, and a programme of unannounced visits by Professor Harrington to benefit delivery centres and Atos assessment centres in 2012, provided insight into the changes that have taken place and will help ensure decision makers are making well-informed and robust decisions. As part of its commitment to continuously improve this process, we have already identified many of the issues highlighted by the research.

Recent action taken to improve the quality of decision making includes:

Professor Harrington has discussed the research, its findings and our response in detail with DWP Operations. We look forward to building on the improvements in the WCA process noted in the 2011 review.

Series: Research reports from 2010 onwards

Research on understanding long term sickness absence, with Employment Support Allowance (ESA) claimants

The DWP has commissioned IFF Research to conduct a large-scale survey (alongside a series of case studies) of new ESA claimants with a recent history of working to gain more insight into how different sick pay arrangements affect the journey from work to long-term sickness benefits.  There is a particular interest in the group of ESA claimants who move from employment to ESA without an intervening period of sick pay.

Previous surveys (such as the Routes onto ESA survey published in November 2011) have shown that more than a half of those moving from employment onto ESA do so without an intervening period of sickness absence.  While individuals are on sick leave, they still have a link to their job – an appropriate intervention at this point has the potential to help these individuals return to work much more quickly than when they have left their job and are claiming ESA.  There is a need to understand the reasons why this window does not exist for some individuals.

The research involves a telephone survey of a sample of 3,300 recent claimants of ESA who had been employed within the previous 12 months, in addition to case studies with 22 employers.

This survey is designed to address issues such as:

The research is expected to be published in autumn 2014.

Research report: Understanding the journeys from work to Employment and Support Allowance (ESA), June 2015.

By Lorna Adams, Katie Oldfield, Catherine Riley, Becky Duncan and Christabel Downing (IFF Research)

Visit: https://www.gov.uk/government/publications/understanding-the-journeys-from-work-to-employment-and-support-allowance

Summary: The purpose of this research was to strengthen the evidence base on the journeys from work to making a claim for ESA.

The 2011 Independent Review of Sickness Absence  (commissioned by the DWP) examined how to prevent job loss due to ill health and reduce associated costs. The review recommended further investigation to understand why some individuals move straight from work to ESA with no sickness absence first, and identifying for who this is most likely. This research aims to identify:

§  those most at risk of health related job loss;

§  how employment characteristics (and other factors) influence whether an individual has access to, and takes up, sickness absence; and

§  the support currently available from employers, including sickness absence (for example, if/why some employers don’t pay Statutory Sick Pay/Occupational Sick Pay).

Method: This research excludes those workers who have not worked for the last 12 months before submitting their ESA claim, the self employed, unless on contract or with an employment agency, and those whose claims are rejected. The research comprised:

Findings: The findings from this research will inform measures to prevent people from falling out of work due to ill health. Key findings were:

Employment and Support Allowance Testing

The DWP is undertaking a number of trials and proofs of concepts, to help the Department understand ‘what works’ at each stage of the ESA process.

Testing currently underway includes:

-          ESA 18-24 Month Prognosis Pilots – testing approaches to providing increased support to WRAG ESA claimants who have an 18-24 month prognosis (See attached memo detailing trial aims: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/269256/work-programme-memo-141.pdf)

-          IAPT (Increased Access to Psychological Therapies) – a number of trials (in partnership with Department for Health) testing approaches to increasing access to psychological therapies (for findings from one of the completed trials, see above: An Evaluation of the ‘IPS in IAPT’ Psychological Wellbeing and Work Feasibility pilot).

The Department is also looking to develop further tests, focussing on the following key areas for evidence:

Understanding the Journeys from Work to Employment and Support Allowance (ESA)

This research helps us to understand how people move from work to claiming Employment and Support Allowance (ESA).

Key findings:

·         Of those in work immediately before their ESA claim, 29 per cent moved straight from work to claiming ESA without any period of sickness absence.

·         Those most at risk of leaving work without a period of sickness absence were: on a casual or agency contract; new to their job or part-time workers.

·         Those with mental health conditions were: less likely to have discussed their condition with their employer or to find adjustments helpful; and more likely to feel employers had not been supportive.

For the full report visit: https://www.gov.uk/government/publications/understanding-the-journeys-from-work-to-employment-and-support-allowance

·         Routes onto Employment and Support Allowance (published in 2010)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214556/rrep774.pdf

·         Employment and Support Allowance: Customer and staff experiences of the face-to-face Work Capability Assessment and Work-Focused Health-Related Assessment (published in 2010)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214494/rrep719.pdf

·         Employment and Support Allowance: Findings from a follow-up survey with customers (published in 2011)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214519/rrep745.pdf

·         Decision making on Employment and Support Allowance claims (published in 2012)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214575/rrep788.pdf

·         Understanding the journeys from work to Employment and Support Allowance (ESA) (published in 2015)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/436420/rr902-understanding-journeys-from-work-to-esa.pdf

d)      Work Capability Assessment

Dr Paul Litchfield was appointed on 26th February 2013 to carry out the fourth independent review of the WCA, following three previous independent reviews carried out by Professor Malcolm Harrington.  Dr Litchfield is Chief Medical Officer and Director of Health, Safety and Wellbeing for BT, a Fellow of the Royal College of Physicians and the Faculty of Occupational Medicine.  Dr Litchfield’s Independent Review of the Work Capability Assessment[19] was published In December 2013.

This fourth Independent Review made 32 recommendations to the DWP to improve the WCA, and 5 further recommendations to the Department for Social DevelopmentCommunities in Northern Ireland.  The recommendations focused predominantly on: the effectiveness of the WCA; simplifying the process; improving decision-making; and mental health.

The Government’s response was published on 27 March 2014[20] - in this the Government accepts, or accepts with certain caveats, all but one of the 32recommendations falling within the scope of DWP.

Dr Litchfield will continue in his role as Independent Reviewer for the fifth and final statutory review of the WCA.  On 10th June 2014, as part of the fifth review, the Department published a formal call for evidence[21] which will run until 15th August 2014. 

This year’s call for evidence focuses on the impact of previous reviews, seeks new evidence about the ESA Work-Related Activity Group and Support Group, and individuals’ experience of the Work Capability Assessment process.  There is also a focus on people who have mental health conditions or learning disabilities.

Dr Litchfield will present his report to the Department before the end of 2014.

The fifth, and final, annual independent review of the WCA, as required by Section 10 of the Welfare Reform Act 2007[22], was carried out by Dr Paul Litchfield and published on 27th November 2014[23].

This fifth Independent Review made 28 recommendations to the DWP, and 5 further recommendations to the Department for Social DevelopmentCommunities in Northern Ireland.  The recommendations focused predominantly on: the nature of the assessment; a focus on claimants with learning disabilities; and the increase in people currently assigned to the Support Group.

The Government’s response was published on 27th February 2015[24]- in this the Government accepted all but two of the 28 recommendations falling within the scope of DWP.

Incapacity Benefit Reassessment

The Department for Work and Pensions (DWP) is continuing the reassessment of existing Incapacity Benefit claimants to identify eligibility for Employment and Support Allowance or fitness for work. 

The DWP originally expected to re-assess around 1.5 million cases by April 2014.  Latest figures show around 1.4 million cases were completed by September 2014[25].  This is because the number of cases being referred for reassessment was reduced in the late summer 2013 to concentrate resources on dealing with assessments for new claims for Employment and Support Allowance.  The reassessment exercise is continuing with approximately 5,000 cases per month being referred.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/331582/wca-evidence-based-review.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/70071/wca-review-2010.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/70102/wca-review-2011.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/70123/wca-review-2012.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265351/work-capability-assessment-year-4-paul-litchfield.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/380027/wca-fifth-independent-review.pdf

e)      Others:

Support for people with cancer

The DWP has carefully considered the position of people with a range of serious and life threatening illnesses – including cancer – in relation to the benefits system. Following an internal review changes have been made to the Work Capability Assessment so that more individuals awaiting, undergoing or between courses of certain chemotherapy treatments will automatically be placed in the Support Group without the need for an assessment. These individuals will therefore be protected and will not be affected by time-limiting.

Additionally, Professor Harrington, as part of his second Independent Review, asked Macmillan Cancer Support to look into how the Work Capability Assessment assesses people with cancer to provide to him with any recommendations for further improvements.

The DWP accepts the evidence presented by Macmillan that the effects of oral chemotherapy can be as debilitating as other types of chemotherapy. The evidence also shows that certain types of radiotherapy and in particular of combined chemo-irradiation can be equally debilitating. As a result of the evidence supplied by Macmillan the DWP has developed detailed proposals for changing the way we assess individuals being treated for cancer.

If introduced, these proposals would increase the number of individuals being treated for cancer going into the Support Group. They would also reduce the number of face-to-face assessments for people being treated for cancer as most assessments could be done on a paper basis, based on evidence presented by a GP or treating healthcare professional.

The DWP has been seeking a wide range of views on the proposed changes through an informal consultation. This was to gather views of interested stakeholders, including individuals affected by cancer, their families and carers, healthcare practitioners and cancer specialists as well as representative groups and other lobby groups.

The DWP conducted an informal consultation, which ran from 16 December 2011 until 9 March 2012. DWP is now analysing the responses and evidence received. It will then publish a response document in spring 2012. This document will set out the evidence received and announce any proposals for changing the way in which the Work Capability Assessment assesses the effects of cancer treatment.

General Practitioners’ attitudes towards patients’ health and work, 2010 to 2012 (RR 835)

https://www.gov.uk/government/publications/general-practitioners-attitudes-towards-patients-health-and-work-2010-to-2012-rr-835

Published: 1 April 2013

Summary: In ‘Improving health and work: changing lives’, the government’s response to Dame Carol Black’s Review of the health of Britain’s working-age population, the government committed to monitor a suite of indicators including GPs’ perceptions about the importance of health to work (and vice versa) and the extent to which GPs view helping people to return to work as a measure of success.

This report covers findings from the 2012 survey of GPs’ attitudes, knowledge and reported behaviour towards patients’ health and work. It reassesses these GPs’ attitudes and compares them with those established in the baseline survey published in 2011. Both surveys were made up of the same 19 questions around GPs’ attitudes to patients’ health and work. The intended purposes are to continue to measure progress against the health, work and wellbeing agenda and, as part of the larger programme of work, to assess the overall effectiveness of the fit note. The survey was administered by post to a randomly selected sample of GPs from England, Wales and Scotland between September 2012 and November 2012. These questions were included in the seventh national General Practitioner Worklife survey.

Many of the findings of the 2012 survey re-iterate those of the baseline survey conducted in 2010. Generally, GPs see themselves as having an important role in promoting the health benefits of work and fit notes increasingly help them to fulfil this role.

Other forthcoming research on the fit note is underway that directly looks at fit note practice (rather than attitudes to) as recorded in 58,695 fit notes issued at 49 practices (Shiels et al. (2013, forthcoming). Evaluation of the Statement of Fitness for Work (fit note): quantitative survey of fit notes); and research that explores how helpful the fit note has been from the employee’s perspective and the reported dialogue with their GP (Victoria Chenery (2013, forthcoming). An evaluation of the Statement of Fitness for Work (fit note): survey of employees).

Series: Research reports from 2010 onwards

General Practitioners’ perceptions of potential services to help employees on sick leave return to work (RR820)

https://www.gov.uk/government/publications/gps-perceptions-of-potential-services-to-help-employees-on-sick-leave-return-to-work-rr820

Published: 1 November 2012

Summary: This qualitative research explored General Practitioners’ views of a possible new support service to help employed people who are off sick from work to return to work quickly and prevent them from falling out of paid employment. Six focus groups took place in August and September 2012 and a total of 39 GPs took part.

The Independent Review of Sickness Absence (Black and Frost, 2011) recommended development of this type of service and this research aimed to inform the Government’s consideration of the recommendation. The Government is in the final stages of preparing its Response and will publish shortly.

Other research has shown that many employees of smaller firms do not have access to occupational health advice. One in 10 small employers provided employees with access to occupational health services in the previous year, compared to eight in 10 large employers.

  1. Black, C., Frost, D. (2011) Health and work - an independent review of sickness absence. HMSO. May 2012
  2. Young, V. and Bhaumik, C. (2011) Health and well-being at work: a survey of employers.

Series: Research reports from 2010 onwards

Research Report: Telephonic support to facilitate return to work: what works, how, and when?

https://www.gov.uk/government/publications/telephonic-support-to-facilitate-return-to-work-what-works-how-and-when-rr853

By Kim Burton, Nick Kendall, Serena McCluskey, Pauline Dibben - 6th December 2013

Summary: Great Britain loses around 140 million working days due to sickness absence per year. This results in an estimated cost of £9bn to employers, £4bn to individuals and £2bn to Government. (The Department for Work and Pensions, 2011).

Long-term sickness absences of four weeks or longer make up almost half of the total number of working days lost. There is also an impact on the Department. Research suggests that 51% of people claiming ESA were in paid work immediately before making their claim.

In 2011 Government commissioned Dame Carol Black and David Frost to conduct an independent review of sickness absence which made various recommendations. The Government’s response to the review ‘Fitness for Work’ was published in January 2013.

One of the recommendations, which was agreed, is the creation of a ‘Health and Work Assessment and Advisory Service’, now called the Health and Work Service (HWS).

The HWS will make independent expert health and work advice more widely available to GPs, employees, and employers.  It is due to be introduced late in 2014.

The intention is to give employees, employers and GPs better access to OH advice, help. employees who have been absent from work for around 4 weeks due to sickness to return to work; give GPs access to work-related health support for their patients; and support employers to better manage sickness absence.

Advice and assessment are the two aspects to the Service, the assessment will:

There will be different levels of service available to the employee, dependent on the level of need. These will include, amongst other things: an initial (phone) assessment.

Telephonic contact is an attractive approach for the HWS with the potential to provide targeted delivery but there are still questions over its safety, effectiveness, acceptability and relative costs that this research explores. In particular, the findings of the research can inform the design approach to occupational health assessment and support in the planned new HWS.

Using a best evidence synthesis, high-level evidence statements were developed and linked to the supporting evidence, which was graded to indicate the level of support. The evidence statements were organised to cover four pertinent areas of telephonic support: assessment and triage; case management; information and advice; and return to work.

The evidence on important aspects of implementation were also explored (e.g. safety, acceptability, timing, cost-benefits and required skills).

Recognising that the academic literature on the topic was limited, documentary evidence was also sought from professional practice and grey literature sources.

A survey of disabled working age benefit claimants

https://www.gov.uk/government/publications/a-survey-of-disabled-working-age-benefit-claimants-ihr16

This report presents findings from a survey of disabled claimants of working age benefits.  The research was commissioned in May 2013 to inform the Disability and Health Employment Strategy.  The research was conducted to investigate disabled claimants’ current circumstances, health conditions and attitudes towards work.

The research was conducted by Ipsos MORI using members of their established online survey panel. In total 1349 disabled claimants of Jobseeker’s Allowance, Employment and Support Allowance and Incapacity Benefit completed the online survey between 7th May and 13th May 2013.

The key objectives of the research were to gather information from disabled benefit claimants on:

The survey was designed as a snapshot data collection exercise. It was not designed to be comparable with other surveys of disabled benefit claimants, due to differences in methodology.

Findings from the survey were used in the development of the Disability and Health Employment Strategy[26], published in December 2013.

A survey of disabled working age benefit claimants (published in 2013)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/224543/ihr_16_v2.pdf

Work Programme

DWP is carrying out an evaluation of the Work Programme, which assesses participants’ experiences and outcomes.  Findings will be published when complete.

An Evaluation of the ‘Individual Placement and Support (IPS) in Increased Access to Psychological Therapies (IAPT)’ Psychological Wellbeing and Work Feasibility pilot (March 2015)

By Karen Steadman, Rosemary Thomas (Work Foundation, commissioned by Department for Health, in partnership with the Department for Work and Pensions)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415177/IPS_in_IAPT_Report.pdf

Summary: This report is an evaluation of a pilot service which provided embedded vocational support, based on the Individual Placement and Support (IPS) model, into the Increasing Access to Psychological Therapies (IAPT) programme.

This was one of four pilots commissioned by Department of Health (DH) and Department for Work and Pensions (DWP), informed by the 2014 report by RAND Europe on Psychological Wellbeing and Work: Improving Service Provision and Outcomes. These small-scale, feasibility pilots and their evaluations were to test the design detail of the models proposed, methods of tracking findings and the initial effects. In particular they were designed to test which type of increased support best improves service users likelihood of moving closer to work or into work, as well as highlighting any health and wellbeing outcomes.

Method: Research was undertaken with IPS employment specialists, service managers, Jobcentre Plus (JCP) ESA (ESA) Work Coaches, and service users – made up of specified groups of ESA JCP clients. Information on service usage, and health and employment measures was also collected from service users who consented to participate in the evaluation.

Findings: Across the different participant groups, and across the pilot sites, there was considerable positivity about the IPS and IAPT service, including in those sites that did not already have a similar service in place. Fifteen service users found paid employment, and many other service users achieved other employment-related outcomes, and experienced an increase in health and wellbeing, and job search self-efficacy.

However, there was considerable variation as to how well sites performed, with some sites struggling to get referrals, and high drop-out levels.

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

Northern Ireland. Client Offer

Employment Service Client Offer provides an all age range of work focused provision and support delivered by frontline staff to assist clients to move towards and into employment. This support includes work focused interventions delivered by skilled Employment Service staff and tailored to individual customer needs.  A comprehensive toolkit of work focused programmes and training is offered with financial assistance and signposting to external support also available. A Jobclub service is also available for clients who require a more intensive intervention and support in preparing for and moving towards work.

The Customer Journey for Jobseeker’s Allowance clients is in preparation for the introduction of Universal Credit. 

The core interventions for those claiming Jobseeker’s Allowance comprises a series of face to face meetings as follows:

At the Fresh claim stage, an Initial Work focused Interview is carried out by an Employment Service (ES) Adviser and, in addition to the Jobseeker’s Agreement, includes a diagnostic (evidence based) assessment and the completion of an agreed Action Plan.  The Adviser uses a ‘Work Readiness Toolkit’ based on a Red, Amber, Green (RAG) assessment to measure a client’s distance from employment and enables an Adviser to tailor the service to meet a client's needs. 

 Subsequent Review Meetings are determined by the Adviser diagnosis and decisions regarding the timing of these flexible interventions are driven entirely by what is needed to ensure that a client moves into work as quickly as possible.

 Fortnightly Jobsearch Reviews are completed by ES Officers to determine if Labour Market Conditionality has been met and will also reflect the discussion with a client to show progression in skills development or jobsearch activity. This facilitates the monitoring of client progress towards moving into employment.

Steps 2 Success

Steps 2 Success is Northern Ireland’s main adult employment programme. It commenced on 20 October 2014 for an initial period of four years. In October 2018, the Department extended the contract for another 2 years, until October 2020.

The aim of Steps 2 Success is to help eligible benefit recipients find and sustain employment thereby, supporting the needs of employers and the economy. The programme is delivered by 3 Lead Contractors across a geographical region within Northern Ireland.

Eligibility for S2S is determined by the type of benefit a customer receives, the length of time on benefit and the customer’s barriers to employment. Eligible claimants will participate in Steps 2 Success on a mandatory or voluntary basis for a period of 52 weeks and on some occasions will have the option to extend their participation for a further 26 weeks. Mandatory claimants who are required to participate in Steps 2 Success may also re-enter the programme once more as a Returner.

The table below details the eligibility criteria for participation and duration in S2S for the various claimant categories that are eligible to participate in Steps 2 Success: This has been extended to include Universal Credit claimants in certain regimes, subject to particular work related requirements, especially around whether the claimant has work that pays above their Average Earnings Threshold (AET). These categories have been placed alongside their equivalent “Legacy” Client Group, which relate to the benefit categories available before the roll-out of Universal Credit in Northern Ireland and include: Jobseeker’s Allowance, Employment and Support Allowance, Income Support (Lone Parent or Carer and Pension Credit.

.

S2S UC Category

S2S Legacy Client Group

Eligibility

S2S Participation Requirement and Duration

18 – 24 years

Not Working, or working but earnings below the AET

JSA 18-24 years

39 weeks in receipt of Jobseekers Allowance / in the UC Intensive Work Search Regime / or a combination of JSA and UC Intensive Work Search Regime equal to 39 weeks.

Mandatory Participation for 52 weeks.

25+ years

Not Working, or working but earnings below the AET

JSA 25+ years

52 weeks in receipt of Jobseekers Allowance / in the UC Intensive Work Search Regime / or a combination of JSA and UC Intensive Work Search Regime equal to 39 weeks.

Mandatory Participation for 52 weeks.

Early Entry

Not Working, or working but earnings below the AET

JSA 18-24  & 25+ years

From day 1 of the JSA/UC award, up to 30 calendar days before the mandatory eligibility date is reached.

Voluntary participation for up to 52 weeks. However, if during participation the mandatory eligibility date is reached participation will become mandatory.

Returner

Not Working, or working but earnings below the AET

JSA 18-24 & 25+ years

A S2S Completer who has availed of a further 26 weeks support from the Work Coach.

Mandatory Participation for 52 weeks.

Lead carer for youngest child aged 3 and/or 4 years

Lone Parent

At any time, and in agreement between the Work Coach and Claimant.

Voluntary Participation for 52 weeks.

Limited Capability for Work post-WCA

ESA WRAG (mandatory)

52 weeks in receipt of a qualifying benefit following a Work Capability Assessment

52 weeks Mandatory Participation with an option to extend for a further 26 weeks on a voluntary basis.

Limited Capability for Work post-WCA

ESA WRAG (voluntary)

At any time, prior to the mandatory eligibility date and in agreement between the Work Coach and Claimant.

Voluntary Participation for up to 52 weeks. However, if during participation the mandatory eligibility date is reached participation will become mandatory.

Returner Limited Capability for work post - WCA

ESA WRAG

A S2S Completer who has availed of a further 26 weeks support from the Work Coach.

Mandatory Participation for 52 weeks.

Lead carer for youngest child aged 2 years

Lone Parent

At any time, and in agreement between the Work Coach and Claimant.

Voluntary

Participation for 52 weeks.

Lead carer for youngest child aged 1 year

Lone Parent

At any time, and in agreement between the Work Coach and Claimant.

Voluntary

Participation for 52 weeks.

Limited Capability for Work Related Activity post-WCA

ESA Support

At any time, and in agreement between the Work Coach and Claimant.

Voluntary Participation for 52 weeks.

Over State Pension Credit Age

Pension credit

At any time, and in agreement between the Work Coach and Claimant.

Voluntary Participation for 52 weeks.

Significant caring responsibilities for a severely disabled person(s) for at least 35 hours per week

Carers

At any time, and in agreement between the Work Coach and Claimant.

Voluntary Participation for 52 weeks.

Lead Carer with a child under 1 year old

Lone Parent

At any time, and in agreement between the Work Coach and Claimant.

Voluntary

Participation for 52 weeks.

Steps 2 Success Programme Statistics

In the period 1 January 2015 to 31 December 2018:

·         50,730 people have been referred to the programme;

·         47,490 people have attached and participated on the programme;

·         13,694 of the clients who attached to the programme in this period have gone on to find employment. It should be noted that a majority of clients from the latter months of 2018 are still on the programme, and therefore the number moving into employment for this period is expected to increase over time.

·         The most recent into employment statistics published by the Department for Communities focus on those clients who started the programme up until March 2018 as the majority of these clients have completed the programme.  For the period January 2015 – March 2018, 30% of clients have moved into employment. 

·         Due to the timelag involved in clients completing their participation on the programme and then obtaining and sustaining work, the most recent 6 month sustainment statistics published by the Department for Communities only focuses on those clients who started the programme between up until September 2017.  For the January 2015 – September 2017 period, 20% (7,753) of clients have sustained employment for 6 months. This equates to 66% of those who moved into work.

·         Due to the timelag involved in clients completing their participation on the programme and then obtaining and sustaining work, the most recent 12 month sustainment statistics published by the Department for Communities only focuses on those clients who started the programme between up until March 2017. For the January 2015 – March 2017 period, 15% (5,193) of clients have sustained employment for 6 months. This equates to 50% of those who moved into work.

·         A total of £41.0m has been paid to the 3 Lead Contractors who deliver the programme on a geographical basis on behalf of the Department.

·         The latest statistics can be found at the following link:

https://www.communities-ni.gov.uk/publications/steps-2-success-statistical-bulletin-october-2014-march-2019

The Department for Employment and Learning introduced the Steps 2 Success (S2S) programme to replace the Steps to Work Programme as the Department’s main employment programme for unemployed people. The contracts to deliver S2S in the three contract areas were awarded in July 2014 and the programme became operational on 20 October 2014.

S2S has been designed to offer an individualised service to each participant. The contractor agrees a Progression to Employment Plan (PEP) with each individual which outlines what each must do to improve the participant’ s employability and to find and keep employment. The PEP is updated on a regular basis to take account of the participant’s progression.

The level of service to all participants is defined in a Service Guarantee which details the minimum level of service that each participant will receive.

To date there have not been any official statistics published on the performance of S2S. The contractors have been set challenging targets above the actual performance achieved in the Steps to Work Programme.

Steps to Work

Steps to Work (StW), is the Department for Employment and Learning’s main adult return to work programme.  The programme is available to anyone who is aged 18 years or over (aged 16 or over in the case of a lone parent) who is unemployed or economically inactive with the aim of assisting them find and remain in employment.

The StW programme provides a flexible, individually tailored programme of support which includes help with developing the skills needed to search for employment, opportunities to gain a work related qualification, work experience placements and support for those wishing to enter self-employment.  Assistance with improving essential skills in literacy, numeracy and ICT is also available while employers who recruit StW participants for job vacancies may avail of a subsidy.

Between the programme launch in September 2008 and 31 March 2013 (the latest date for which statistics are available) from a total of 98,755 participants leaving the programme 34,935 (35%) had an immediate destination of unsubsidised employment of which 16,220 (56%) were young people under 25 years of age.

Of the 98,755 participants leaving the programme 46,630 (47%) were young people under 25 years of age of which 19,060 (41% ) had an immediate destination of unsubsidised employment.. 

The Steps to Work programme, in its current format ended in May 2014. Interim arrangements are in place to ensure those who are out of work are able to access provision in the period between Steps to Work ending and the introduction of a new employment programme Steps 2 Success.

The Northern Ireland Executive Economy & Jobs Initiative

As part of the NI Executive’s Economy and Jobs Initiative, announced in November 2012, two additional employment strands, First Start and Step Ahead 50+, were added to the StW programme.

First Start, introduced in November 2012, aims to assist young unemployed people, aged 18-24 years old, find and sustain employment.  First Start will provide supported employment, for up to 26 weeks, for a total of 1,700 young people before the end of the 2014/2015 financial year.  By 31 December 2013 (the latest date for which statistics are available) 915 young people  availed of the initiative.

Step Ahead 50+, introduced in January 2013, offers temporary jobs for up to 26 weeks for those aged 50 years or over who have been unemployed for at least 12 months.  Step Ahead 50+ will support a total of 1,100 jobs before the end of the 2014/2015 financial year.  By 31 December 2013 (the latest date for which statistics are available) 715  long term unemployed people availed of the fixed term  employment opportunities through the Step Ahead 50+ initiative.

In addition the Economy and Jobs Initiative provided funding for 500 work experience opportunities for the unemployed within the wider public sector by 2014/2015.

Local Employment Intermediary Service (LEMIS)

The Local Employment Intermediary Service (LEMIS) was a community employment initiative designed to help the “hardest to reach” in targeted areas find employment.  The service was provided by local community employment organisations in Belfast, Londonderry, Strabane, Newry and Mourne, Moyle and Cookstown, all of which were areas identified by the Noble Indices of Multiple Deprivation as having high levels of deprivation and unemployment in Northern Ireland.

LEMIS 2 contracts operated from April 2011 to March 2015. Funding for the continuation of a LEMIS Plus programme has been applied for through the new NI European Social Fund (ESF) Investment for Growth & Jobs Programme (under Priority 1 – Access to employment for job- seekers, including the long-term unemployed and people far from the labour market  - Thematic Objective 8- Promoting sustainable and quality employment and supporting labour mobility)  from April 2015 to March 2018.

A full Evaluation of the Pathways to Success NI Strategy was carried out by the Centre for Economic and Social Inclusion with a final report being submitted in March 2015. Some key strengths of LEMIS were detailed as; 7,127 individuals have received support through LEMIS between 2011 and 2014, with 5,575 recorded as having left support.  Of these, 1,318 are recorded as having entered full-time (FT) employment.  This is equivalent to 18% of all participants, or 24% of those recorded as leaving the programme.

Community Family Support Programme (CFSP)

The Community Family Support Programme (CFSP) is a ‘Pathways to Success’ initiative and a Delivering Social Change signature project entitled ‘Pathways to Employment for Young People’. The programme has been designed to help families make life changing decisions to enhance their prospects and become full participants in society.

The CFSP supports families with a high level of need to develop their capacity to reach their full potential by addressing the health, social, economic, educational, employment and training issues that impact on their daily lives.

The 26 week programme also aims to prevent young people falling into the NEET category and help other young people who find themselves in this situation to re-engage with education, training or employment.

The programme is targeted at families with post primary school children, primarily with children and young people aged 14 – 18 years.

The target audience includes:

·         NEETs (16 – 24 years);

·         Families of NEETS – with children 13 to 16 years that have the potential of becoming NEETs and 25+ family members that are unemployed / economically inactive;

·         Health & Social Care Trusts’ staff working with families;

·         Community and Voluntary Sector Organisations working with families;

·         Multi Agency Outcomes Group (Statuary and Voluntary organisations);

·         Schools / Careers Service NI / Education & Library Boards;

·         Family Support Hubs; and

·         the Youth Justice Agency.

The three components of the programme would be to provide:-

·         an employability mentoring support service to address family members(of 16+years) educational, employment and training needs;

·         a family support and referral service to address family members’ health, social and economic needs; and

·         a mentoring support service to address family members  aged 13 to 16 educational needs to help prevent them falling into the NEET category.

Communication Objectives:-

·         To raise awareness to target audience in 6 contract areas in NI and seek referrals to the programme; and

·         To have a minimum of 780 NEETs / families per year (a minimum 130 NEETs/ families in each contract area) participating on the programme.

Parents of children and young people

Professional support workers engage and consult with parents of children and young people to promote early intervention and high quality parenting and to identify solutions to address their specific needs.

Families get help to tackle a range of issues and receive support to improve parenting skills. Children receive support for needs they may have including additional help with essential skills, numeracy, literacy, problem solving and ICT. Help and support for social and economic issues e.g. health, housing, money management, alcohol and drugs misuse also feature in the support package. Everyone of working age also gets help to develop skills to find work.

The programme provides one to one employment advice and mentoring to family members and supports them with job search, CV writing, interview techniques and presentation skills.

The CFSP providers work closely and in partnership with other stakeholders to ensure families receive the support they need and if appropriate help from specialist organisations.

Building on the success of a 44 families CFSP pilot delivered from January to June 2013 the programme was up-scaled in November 2014 and will support 720 families throughout Northern Ireland to March 2015.

The CFSP is delivered in 5 contract areas across NI that mirror the Health and Social Care Trust Areas.

Research papers

RR 791 Destinations of Jobseeker’s Allowance, Income Support and Employment and Support Allowance Leavers, 2011

by Lorna Adams, Katie Oldfield, Catherine Riley and Andrew Skone James

This report details findings from a study conducted to explore the destinations of a cohort of individuals who ended a claim for Jobseekers Allowance (JSA), Income Support (IS) and Employment and Support Allowance (ESA). This study aimed to provide the best possible estimate of the immediate and substantive destinations of leavers from JSA, IS and ESA benefit groups. The study explores movement into paid employment and the sustainability of this employment for each benefit group; movement onto and between different out-of-work benefits; and other reasons for ending a benefit claim. Information on leavers’ salaries and number of hours worked was also collected. February 2012 - ISBN 978-1-908523-52-5

http://research.dwp.gov.uk/asd/asd5/rports2011-2012/rrep791.pdf

The Jobcentre Plus Offer: Findings from the first year of the evaluation (RR814)

https://www.gov.uk/government/publications/the-jobcentre-plus-offer-findings-from-the-first-year-of-the-evaluation-rr814

Published: 1 November 2012

Summary:       This mixed-method research study considered the implementation and delivery of the Jobcentre Plus Offer, as well as how it is being experienced by claimants during the early stages of their claim. The research took place throughout early 2012, following the introduction of the Offer in April 2011.

The research consisted of:

During the final year of the evaluation, follow up interviews will be carried out with survey participants as they flow off from the Offer, either into work, on to the Work Programme or another destination. A second wave of interviews will also be carried out within the case studies in early 2013. The final evaluation report will be published towards the end of 2013.

The evaluation was commissioned in late 2011. The Jobcentre Plus Offer introduced a new way of working for Jobcentre Plus districts and staff, involving a significant cultural change towards more flexibility and personalisation, and away from prescribed processes and activities. The evaluation was commissioned to consider the operation and effect of this new way of working on claimant outcomes. The Offer is underpinned by the new Performance Management Framework, which measures performance in terms of the number of claimants moving into work (and which is subject to a separate evaluation).

The Department for Work and Pensions has already used the research on the Jobcentre Plus Offer to help ensure that the Offer successfully delivers to all claimants. This includes:

The evaluation will be conducted over two years by TNS-BMRB and this report covers the findings from the first year of the study.

Series: Research reports from 2010 onwards

Day One Support for Young People trailblazer

(27 November 2014)

The Day One Support for Young People (DOSfYP) Trailblazer was a European Social Fund (ESF)-funded1 mandatory programme designed to help young people aged 18 to 24 with less than six months’ work history get the skills and experience they need to help them move into employment.

Work Programme evaluation: 'day one mandation' of prison leavers

(18 December 2014)

Work Programme evaluation: operation of the commissioning model, finance and programme delivery

(18 December 2014)

Work Programme evaluation: participant experience

(18 December 2014)

Northern Ireland. Support measures aimed at helping people with disabilities progress towards, move into and sustain employment

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.  These programmes are :

Workable (NI)

Workable (NI) is flagship disability programme in Northern Ireland. This programme is delivered through contracted provider organisations who have extensive experience in delivering specialist employment programmes designed to support people with disabilities in employment.

Job Introduction Scheme

The Job Introduction Scheme offers employers a weekly grant of £75 for up to 13 weeks towards the cost of employing disabled people during their initial period of employment. It applies in situations where the applicant is considered suitable but the employer has genuine doubts about the individual’s ability to cope with the proposed job.

The scheme is available for people with all types of disabilities in a job which is either full or part time although it must be permanent and expected to last at least 32 weeks.

Access to Work (NI)

Access to Work (NI) is a flexible programme designed to overcome employment related obstacles faced by people with disabilities.  The Programme assists people who are in paid employment or who have a job to start, through the provision of practical support and by helping to meet the additional costs that are associated with overcoming work related obstacles that may result from having a disability.

Condition Management Programme (CMP)

The Condition Management Programme is delivered by health and social care professionals in the five Health and Social Care Trusts. The Programme utilises health professional expertise and support to help the individual client to progress towards, move into or return to paid employment.

European Social Fund (ESF)

The Department for Communities match funds 18 disability projects, through the European Social Fund Call 2 (2018 – 2022). The projects provide employability and vocational skills training and accredited qualifications. They also provide work placements for the project participants and then support those who are ready to move into paid employment during their time on the European Social Fund programme.

Employment Support (ES) Programme

The Employment Support (ES) programme, available in Northern Ireland since 1981, offers opportunities to people with a disability who, although capable of meaningful employment, are unable to obtain unsubsidised jobs due to the severity of their disability. The programme also offers existing employees who become disabled or whose disability causes them greater difficulty, the opportunity to retain their job.

Parkanaur College

Parkanaur College was established in 1960. It is the only residential vocational training facility for people with significant disabilities in Northern Ireland. Parkanaur is a member of NATSPEC (The Association of National Specialist Colleges) which is a membership association for independent Specialist Colleges.

Parkanaur has been delivering education, training and employment programmes since it was established in 1960 and during this time has supported more than 750 disabled students.  The College provides training consisting of a 12 week multi-skills course leading to a preferred training option of two years in business administration, catering, horticulture or upholstery up to NVQ Level 2. 

The Department funds up to 15 training places each year

Annex 3. Additional information regarding UK national social protection system

Overview

The UK welcomes the CEACR’s explicit encouragement (in the 2018 Conclusions document, para 31, page 9) that countries should report on their national social protection systems as a whole. The UK recognises that the objective of the Code is social protection through income security, achieved by ensuring an adequate replacement rate in cash benefits. In order to assess the adequacy of the replacement rate, it is essential that all relevant cash and non-cash benefits and social transfers are taken into consideration. This annex therefore provides further relevant information about the UK’s social protection system.

In 2012, the UK signed up to the ILO’s recommendation 202 on social protection floors, the first international social protection standard of the twenty-first century. The UK supports the ILO’s view that national social protection systems tend to combine contributory and non-contributory cash benefits with other policies and social transfers that support the most vulnerable and needy in society. The UK notes the discussion of these concepts contained in the report Universal social protection for human dignity, social justice and sustainable development (ILC.108/III/B, 2019), and welcomes the report’s call for policy coherence between social protection and broader social, economic and employment policies (Chapter 11).

The UK view is that it is a government’s role to provide a social security system that protects people, helping them manage the transitions they face as work evolves and working lives expand. The UK Government aims to run an affordable and sustainable welfare system which protects the most vulnerable in society from poverty and inequality while supporting economic growth and improved productivity by ensuring work always pays and people are supported to find and progress in work. The UK social security system therefore supports the most vulnerable and incentivises those who can work into work to provide for themselves and their families. Work is the best route out of poverty. The UK is committed to eradicating poverty and believes that tackling the root causes of poverty goes beyond providing support through the welfare system. This includes improving outcomes for disadvantaged groups. Employment in the UK remains at a near record high and the unemployment rate at 4.3% is at lowest since 1975. The number of households where no one is working is down by 954,000 and there are 608,000 fewer children in workless households compared with 2010.

The UK regularly reviews its approach to social security provision to ensure that residents are adequately supported back into work, and those who are unable to work are protected. The UK is in the process of reforming its welfare system, incentivising employment and supporting more people into work and to progress in work through the introduction of Universal Credit, and ensuring UK residents are protected in later life through policies such as the rollout of Automatic Enrolment into workplace pensions.

The UK provides support to vulnerable groups including the homeless, refugees, disabled people, and people provided humanitarian protection. Asylum seekers also have access to specialist support, including temporary housing while their application is under consideration.

Local Government Funding

The Local Government Finance Settlement included extra funding for local services. Councils were given access to £4bn that can be used for Adult Social Care in 2019-20, and Government will publish a Green Paper on Adult Social Care at the earliest opportunity ensuring the social care system is more sustainable long term. Core Spending Power is forecast to increase from £45.1bn (2018-19) to £46.4bn (2019-20).

The national Troubled Families Programme, which supports families facing complex, interconnected problems, has committed up to £920m for local authorities and partners since 2015.

The Spending Review (SR) will decide the overall amount of funding for local government. The Chancellor’s Spring Statement 2019 noted that the upcoming SR will “reflect the public’s priorities between areas like social care, local government, schools, police, defence and the environment.” Decisions on relative needs and resources will be taken in context of the SR.

Women

Numerous Government policies support women. For example:

·         Over 60% of people benefiting from the National Living Wage increase to £8.21 are women.

·         In 2019 we will publish plans to address persistent gendered economic barriers, particularly those faced by low-paid and financially-fragile women.

Childcare

Numerous Government policies support households with childcare. For example:

·         Over 90% of employees have the right to request flexible working and Government has set up a taskforce to make flexible working a reality.

·         UC provides up to 85% of childcare costs

·         Disadvantaged 2 year olds can access 15 hours of free childcare a week for 38 weeks of the year.

·         All three and four year olds can access 15 hours of free childcare a week for 38 weeks of the year, worth around £2,500 a year on average, helping them develop social skills and preparing them for school.

·         Eligible working parents of three and four year olds can access 30 hours of free childcare a week, saving families up to £5,000 per child a year.

·         DWP is considering how to ensure that the main carer receives the household payment within Universal Credit.  We want to make it easier for Universal Credit claimants who need a split payment because of their domestic circumstances to obtain one.

People with Disabilities

Government is committed to providing the right support to every person with a disability or health condition. In November 2017, we published ‘Improving Lives: The Future of Work, Health and Disability’, setting out a 10-year programme across the workplace, welfare system, and health services.

In 2018/19, we spent an estimated £54bn on benefits to support people with disabilities and health conditions. Employment of people with a disability rose by 947,000 between 2014 and 2019 and the “disability employment gap” has fallen by 3.8 percentage points in the same period.

We continually review our services and support. In March 2019, the DWP Secretary of State announced:

·         reassessments for people receiving Personal Independence Payment who are over state pension age will stop, unless they tell us their needs have changed. Instead they will receive a light touch review every 10 years.

·         a new, integrated service for health-related assessments will be introduced from 2021 via a single digital system.

·         a plan to consult on Statutory Sick Pay changes to support more flexible working and access to appropriate and timely Occupational Health advice and support.

·         plans to commission independent research to better understand the needs of disabled people and how health and disability benefits can better support them.

Older Persons

The Government is committed to ensuring economic security for people at every stage of their life, including when they reach retirement.

·         We are on track to complete the successful rollout of Automatic Enrolment into workplace pensions. Automatic Enrolment has transformed pension provision, bringing more than 10 million workers into workplace pension saving since 2012. 

·         The overall trend in the percentage of pensioners living in poverty is a dramatic fall over recent decades. Relative pensioner poverty rates (BHC) have halved since 1990. We want to maintain this achievement.

·         Average pensioner incomes have grown significantly in real terms over the last two decades (average weekly income in 1994/95 was £161 a week After Housing Costs, in 2017/18 prices, compared to £304 a week in 2017/18)

·         Rates of material deprivation for pensioners are at a record low.  Since 2009/10, material deprivation for pensioners has fallen from 10% to 7% in 2017/18.

·         This Government is also committed to providing a secure and dignified retirement for those pensioners who would otherwise find themselves without an adequate income. Pension Credit is an income-related benefit paid out of general taxation which targets help at the poorest pensioner households

·         The new State Pension is more generous for many women. Over three million women stand to receive an average of £550 more per year by 2030 as a result of the recent State Pension reforms. 

Ethnic Minorities

Government published the findings of the Race Disparity Audit in October 2017 and it is updated annually. It looked at ethnicity in relation to outcomes including education, housing, employment and the justice system.

Ethnic minority employment has risen by 603,000 since 2015, taking us 91% of the way towards meeting our target of increasing ethnic minority employment by 20% by 2020.  DWP monitors and publishes ethnicity data, including on employment, inactivity and benefits.

To address the barriers ethnic minority employees face in the workplace, the Government is consulting on a mandatory approach to ethnicity pay reporting and will publish its response later this year.

Housing

Housing benefit (HB):

·         housing costs provided by DWP through HB/UC cover both private and social rented. 

·         Housing costs for temporary accommodation (TA) are funded through HB rather than UC – this has been the position since April 2018

·         Access to TA/emergency accommodation - this is mainly procured by local authorities from the Private Rented Sector

Social housing:

·         The statutory ‘reasonable preference’ requirements ensure that social housing is prioritised for those who need it the most: those who are homeless, people in overcrowded or unsatisfactory housing, those who have medical and welfare needs.

·         Our £9bn affordable homes programme will deliver 250,000 new homes by March 2022, including at least 12,500 for social rent.

Public social spending comparisons

·         The UK is just above the OECD average for public social spending.[27]

·         The UK spent 20.6% of GDP on public social spending, just above the OECD average (20.1%) (source)

·         At 0.17% of GDP the UK is far below the OECD average (0.68%) on unemployment benefits spending (source)

·         In contrast the UK is far above the average on family benefits spending (3.5% of GDP compared to 2.0% of GDP; source) and is about average on social benefits spending (12.8% of GDP; source)

·         The links are to charts on the OECD’s data website and compare the latest available data (2018 in most cases).

 

Annex 4. 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

These regulations are support by a Statement of Financial Entitlements that sets out how and what GPs will receive payment for:

https://www.sehd.scot.nhs.uk/pca/PCA2018sfe.pdf

The contract will help to improve patient access to GP Services, better contribute to improving population health, including mental health, and help to mitigate health inequalities. It will also enhance the GP role to make the profession an increasing attractive career choice for new and existing GPs. It will reduce the risks of becoming a GP Partner, increase the stability of General Practice funding, provide increased transparency on workforce and activity data, improve practice sustainability and improve practice infrastructure.

The new contract will expand the team of healthcare professionals working in general practice such as practice nurses, physiotherapists and pharmacists. 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 but are charged for in E&W; having no charge removes a barrier to accessing dental care

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. In E&W charges are in 3 bands with the banding determined by the type of care rather than the amount of treatment.

Prescription charges were abolished in Scotland in 2011.  Prescription charges are a barrier to better health for many. Charging for prescriptions would mean that many people with chronic conditions, or even those receiving treatment for cancer, could be liable’.  Charges remain in place in England where it increased to £9.00 per item.

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 NHSScotland. 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

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

Processes for challenging Scottish social security decisions are fundamentally different from the DWP’s ‘Mandatory Reconsideration’, where it reviews the earlier decision to see if it is right. 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). The Scottish Government considered it unfair that support for carers, in the form of CA, is the lowest of all UK working age benefits. This is why 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 until the end of 2019 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.

CHANGES PLANNED IN THE YEAR TO END JUNE 2020

Young Carer Grant

The Young Carer Grant (YCG) is a new form of assistance currently scheduled to go live in autumn 2019. It will help eligible young carers with a payment of £300, which can be applied for annually, to help them access life opportunities that are the norm for many other young people. The grant will be 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. No equivalent benefit is administered by DWP.

Young carers will be 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 will be 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.

Draft 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

As of June 2019 there are no published evaluations of devolved forms of assistance. Evaluations of Universal Credit Scottish Choices and the Carer’s Allowance Supplement are planned for 2020, with publication no later than summer 2020.

Evaluations are currently being designed for Best Start Grant, with an interim evaluation publication planned in Spring 2021. Evaluations for the Funeral Support Payment, Young Carer Grant and Job Grant (subject to its launch date, which has yet to be confirmed) are also anticipated for publication in 2021.

Client/Staff Insight Reports

An insights research programme is being established in Social Security Scotland. The results from this programme will be used to continuously improve services. While the research programme is being designed over the course of the next year, some work has already begun. 

 

An introduction to Social Security Scotland's client and staff insights research programme, with initial findings for the period September to December 2018, was published on 8 May 2019 and is available at www.gov.scot/publications/social-security-scotland-overview-client-staff-insights-research-programme-initial-findings/pages/1/. A second report, covering the period to March 2019, was published on 17 June 2019 and is available at www.gov.scot/publications/social-security-scotland-client-staff-insights-research-findings/pages/1/.

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.

Statistics

Scottish Government published the third set of statistics on Fair Start Scotland on 29 May 2019 which show that 10,063 people joined in its first 12 months – 3 April 2018 to 29 March 2019.  During the first year, 2,013 participants started a job after joining FSS.



[1] Rüdiger Stilz, Adrian Baker. Assessing disablement under the IIDB scheme – a critical review and international comparison. A research report prepared for the Industrial Injuries Advisory Council (IIAC).

 June 2014.

URL:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/387475/Assessing_Disablement_IIDB_Report-V2.1.pdf

[2] Report by the Industrial Injuries Advisory Council in accordance with Section 171 of the Social Security Administration Act 1992 reviewing the role of rebuttal in claims assessment and its relation to presumption that a disease is due to the nature of employment for the purposes of the Industrial Injuries Scheme. Presented to Parliament by the Secretary of State for Work and Pensions By Command of Her Majesty. March 2015.

[3] Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985, Schedule 1.

[6] http://www.hmrc.gov.uk/research/reports.htm

https://www.gov.uk/search/research-and-statistics

[8] The baby element component was abolished from April 2011.

[9] For those entitled to the Child Tax Credit, the award is reduced only down to the family element less the excess of income over the second threshold multiplied by the second withdrawal rate.

[10] The amount of increase in income disregarded in the calculation of Tax Credit awards has been reduced from £10,000 to £5,000 in April 2013.

[27] The OECD has a comparative chart of its members’ public social spending here. The OECD defines public social spending as follows:

“Social expenditure comprises cash benefits, direct in-kind provision of goods and services, and tax breaks with social purposes. Benefits may be targeted at low-income households, the elderly, disabled, sick, unemployed, or young persons. To be considered "social", programmes have to involve either redistribution of resources across households or compulsory participation. Social benefits are classified as public when general government (that is central, state, and local governments, including social security funds) controls the relevant financial flows. All social benefits not provided by general government are considered private. Private transfers between households are not considered as "social" and not included here. Net total social expenditure includes both public and private expenditure. It also accounts for the effect of the tax system by direct and indirect taxation and by tax breaks for social purposes. This indicator is measured as a percentage of GDP or USD per capita.”