The UK\u2019s benefit system is not known either for efficiency or agility in responding to urgent need.\u00a0On\u00a0the contrary, the vast social security apparatus conjures up images of Kafkaesque bureaucracy, unresponsiveness, inaccurate decisions and a cold disregard for the needs and humanity of claimants. The ongoing disaster that is known by the name Universal Credit (UC) is a case in point. <\/p>\n
It is therefore unsurprising that the dawning realization that UC has become a determining feature of many peoples\u2019 lives strikes horror for\u00a0those\u00a0who just days, weeks ago were outsiders to the benefit system. Record numbers of people are seeking to pass through the UC\u00a0\u2018gateway\u2019\u00a0to\u00a0make claims\u00a0for urgent financial assistance.\u00a0It is\u00a0estimated there have been\u00a0in excess of a half million\u00a0new claims in\u00a0the past 9 days\u00a0with many more to come.<\/p>\n
Suddenly, we are Daniel Blake.\u00a0<\/strong><\/p>\n The need for the Department of Work and Pensions (DWP) to deploy and employ thousands more staff is clear. But much more is needed than increased numbers of \u2018call-handlers\u2019. The Government\u2019s refrain is that <\/span>\u201cwe will do whatever it takes\u201d<\/span>. With that in mind the response to the\u00a0<\/span>coronavirus (COVID-19)\u00a0<\/span>pandemic within the benefit system requires\u00a0<\/span>both\u00a0<\/span>new thinking and<\/span>, more to the point,<\/span> drastic action. This is especially so since the Government has made clear that it will not countenance the introduction of an alternative emergency system such as a form of temporary basic income. Delivery will be through Statutory Sick Pay, Universal Credit (UC) and <\/span>\u2018new style\u2019 Employment and Support Allowance.<\/span>\u00a0<\/span><\/p>\n The benefits system\u00a0<\/span>currently\u00a0<\/span>operates on the basis of ask questions first, then, second, ask more questions, and pay\u00a0<\/span>only\u00a0<\/span>much later \u2013 and only\u00a0<\/span>pay\u00a0<\/span>if and when all doubts have been cleared up to the satisfaction of a remote \u2018decision maker\u2019. This leads to delays and claims pending for weeks, months, sometimes longer<\/span>,<\/span>\u00a0as clarification upon clarification is sought. When speed is of the essence and the system is experiencing unprecedented levels of demand it makes no sense to insist upon a precautionary principle of non-eligibility.<\/span>\u00a0<\/span><\/p>\n Desperate times call for different measures. Parsimony is an unaffordable luxury. Obstacles to the speedy payment of what are subsistence payments must be removed. The DWP\u00a0<\/span>should<\/span>\u00a0make some obvious and easy to achieve changes to the system that will help ensure that benefit is paid\u00a0<\/span>quickly\u00a0<\/span>to those in immediate need. After all, the payment of financial support for the destitute is a sprint, something to be achieved in the shortest time possible, and should not be a test of endurance like a marathon.<\/span>\u00a0<\/span><\/p>\n In respect of UC the Government should immediately do all or any combination of the following:<\/span>\u00a0<\/span><\/p>\n For those unfamiliar with UC, some of the above demands may require further explanation. Rather than becoming bogged down in technical details at this stage, the simple point is that each one is directed to achieving the urgent end of making payments<\/span>\u00a0–<\/span>\u00a0to adopt the language of UC<\/span>\u00a0–\u00a0<\/span>in \u2018real time\u2019.<\/span>\u00a0<\/span><\/p>\n By way of illustration, t<\/span>he\u00a0<\/span>\u2018<\/span>right to reside<\/span>\u2019<\/span>\u00a0and\u00a0<\/span>\u2018<\/span>habitual residence<\/span>\u2019<\/span>\u00a0tests guard the gateway to eligibility<\/span>. If they are\u00a0<\/span>not passed<\/span>\u00a0there is no e<\/span>ntitlement<\/span> at all.\u00a0 For UK nationals, many of whom are returning to the UK as a consequence of the pandemic or who are unable to leave, the imposition of a three<\/span>–<\/span>month\u00a0<\/span>wait<\/span>\u00a0to become habitually resident<\/span>\u00a0and thereby potentially entitled,<\/span>\u00a0<\/span>ceases to\u00a0<\/span>serve<\/span>\u00a0any<\/span>\u00a0purpose<\/span>. The \u2018right to reside\u2019 test<\/span>,<\/span>\u00a0designed to exclude EU citizens and family members from entitlement\u00a0<\/span>even if they would be deemed habitually resident as a matter of fact,\u00a0<\/span>is notorious for its complexity. Its operation requires expertise in arcane aspects of EU free movement law. Decisions on \u2018right to reside\u2019\u00a0<\/span>require claimants to complete\u00a0<\/span>complicated<\/span>\u00a0templates. Claims<\/span>\u00a0<\/span>often<\/span>\u00a0take months\u00a0<\/span>for a decision to be reached<\/span>, and long-awaited<\/span>\u00a0decisions\u00a0<\/span>are often wrong<\/span>\u00a0on both the facts and the law<\/span>.<\/span>\u00a0<\/span>N<\/span>o money is forthcoming\u00a0<\/span>during the wait for a decision, and nothing paid<\/span>\u00a0following a negative decision<\/span>\u00a0even while waiting for an appeal, which may take months<\/span>.<\/span>\u00a0<\/span><\/p>\n Even though both the tests have been in operation for years the<\/span>ir<\/span>\u00a0<\/span>harsh<\/span>\u00a0consequences have been mitigated by\u00a0<\/span>the\u00a0<\/span>pe<\/span>rsons affected<\/span>\u00a0seeking support from local social services<\/span>\u00a0or, in respect of the right to reside test, by undertaking precarious economic activity,<\/span>\u00a0<\/span>\u2018bunking up\u2019\u00a0<\/span>several<\/span>\u00a0to a room or\u00a0<\/span>by\u00a0<\/span>camping in parks or\u00a0<\/span>living\u00a0<\/span>on the streets. The operation\u00a0<\/span>of those tests\u00a0<\/span>has long been questionable in terms of\u00a0<\/span>legal\u00a0<\/span>rights<\/span>.<\/span>\u00a0The point being made here is a different one. The continued operation of the tests presents a clear and present danger to controlling the pandemic<\/span>,<\/span>\u00a0in that\u00a0<\/span>it\u00a0<\/span>will cause<\/span>\u00a0the very\u00a0<\/span>behavio<\/span>ur<\/span>\u00a0that the Government is seeking to curtail.<\/span>\u00a0<\/span>\u00a0<\/span>\u00a0\u00a0<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n T<\/span>he term \u2018quantitative easing\u2019 became\u00a0<\/span>a part of everyday language\u00a0<\/span>in the last financial crisis. If it helps<\/span>,<\/span>\u00a0what is outlined above might be termed \u2018qualitative easing\u2019<\/span>. In<\/span>\u00a0short<\/span>,<\/span>\u00a0<\/span>a\u00a0<\/span>much\u00a0<\/span>needed<\/span>\u00a0<\/span>relaxation of\u00a0<\/span>burdensome\u00a0<\/span>rules and procedures\u00a0<\/span>designed\u00a0<\/span>for different times<\/span>. If they and others are<\/span>\u00a0implemented<\/span>,<\/span>\u00a0<\/span>paralysis and\u00a0<\/span>system collaps<\/span>e<\/span>\u00a0can be prevented<\/span>.<\/span>\u00a0<\/span><\/p>\n The ending to\u00a0<\/span>I Daniel Blake\u00a0<\/span><\/i>is well known<\/span>\u00a0-i<\/span>t is a cautionary tale. We can avoid the destitution, delay and desperation imposed by administrative rules and bureaucratic demands by remembering a simple fact<\/span>\u00a0–<\/span>\u00a0<\/span>t<\/span>he rules are our servants not our masters.\u00a0<\/span>When circumstances change not only must we adapt but so must they.<\/span>\u00a0The time to act is now.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" The UK\u2019s benefit system is not known either for efficiency or agility in responding to urgent need.\u00a0On\u00a0the contrary, the vast social security apparatus conjures up … Read more<\/a><\/p>\n","protected":false},"author":38005,"featured_media":728,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[167396,137,268553],"tags":[],"_links":{"self":[{"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/posts\/723"}],"collection":[{"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/users\/38005"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/comments?post=723"}],"version-history":[{"count":7,"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/posts\/723\/revisions"}],"predecessor-version":[{"id":731,"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/posts\/723\/revisions\/731"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/media\/728"}],"wp:attachment":[{"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/media?parent=723"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/categories?post=723"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.kent.ac.uk\/kentlawclinic\/wp-json\/wp\/v2\/tags?post=723"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n