C1C4C2C3C5C6Part 1Universal credit
Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 1 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.
C1CHAPTER 2Claimant responsibilities
Introductory
I16C1I30I44I58I72I86I100I114I128I142I156I170I184I198I212I226I24413C1Work-related requirements: introductory
1
This Chapter provides for the Secretary of State to impose work-related requirements with which claimants must comply for the purposes of this Part.
2
In this Part “work-related requirement” means—
a
a work-focused interview requirement (see section 15);
b
a work preparation requirement (see section 16);
c
a work search requirement (see section 17);
d
a work availability requirement (see section 18).
3
The work-related requirements which may be imposed on a claimant depend on which of the following groups the claimant falls into—
a
no work-related requirements (see section 19);
b
work-focused interview requirement only (see section 20);
c
work-focused interview and work preparation requirements only (see section 21);
d
all work-related requirements (see section 22).
I17C1I31I45I59I73I87I101I115I129I143I157I171I185I199I213I227I24514C1Claimant commitment
1
A claimant commitment is a record of a claimant's responsibilities in relation to an award of universal credit.
2
A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.
3
A claimant commitment is to be in such form as the Secretary of State thinks fit.
4
A claimant commitment is to include—
a
a record of the requirements that the claimant must comply with under this Part (or such of them as the Secretary of State considers it appropriate to include),
b
any prescribed information, and
c
any other information the Secretary of State considers it appropriate to include.
I15
For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
Reduction of benefit
26C1Higher-level sanctions
I28I42I56I70I84I98I112I126I140I154I168I182I196I210I224I238I2421
The amount of an award of universal credit is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
I28I42I56I70I84I98I112I126I140I154I168I182I196I210I224I238I2422
It is a failure sanctionable under this section if a claimant falling within section 22—
I6a
fails for no good reason to comply with a requirement imposed by the Secretary of State under a work preparation requirement to undertake a work placement of a prescribed description;
b
fails for no good reason to comply with a requirement imposed by the Secretary of State under a work search requirement to apply for a particular vacancy for paid work;
c
fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;
d
by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.
I28I42I56I70I84I98I112I126I140I154I168I182I196I210I224I238I2423
It is a failure sanctionable under this section if by reason of misconduct, or voluntarily and for no good reason, a claimant falling within section 19 by virtue of subsection (3) of that section ceases paid work or loses pay so as to cease to fall within that section and to fall within section 22 instead.
I28I42I56I70I84I98I112I126I140I154I168I182I196I210I224I238I2424
It is a failure sanctionable under this section if, at any time before making the claim by reference to which the award is made, the claimant—
a
for no good reason failed to take up an offer of paid work, or
b
by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay,
and at the time the award is made the claimant falls within section 22.
I28I42I56I70I84I98I112I126I140I154I168I182I196I210I224I238I2425
For the purposes of subsections (2) to (4) regulations may provide—
a
for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;
b
for loss of pay below a prescribed level to be disregarded.
I126
Regulations are to provide for—
a
the amount of a reduction under this section;
b
the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.
I127
Regulations under subsection (6)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
a
the number of failures by the claimant sanctionable under this section;
b
the period between such failures.
I128
Regulations may provide—
a
for cases in which no reduction is to be made under this section;
b
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
c
for the termination or suspension of a reduction under this section.
27C1Other sanctions
I29I43I57I71I85I99I113I127I141I155I169I183I197I211I225I239I2431
The amount of an award of universal credit is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
I29I43I57I71I85I99I113I127I141I155I169I183I197I211I225I239I2432
It is a failure sanctionable under this section if a claimant—
a
fails for no good reason to comply with a work-related requirement;
b
fails for no good reason to comply with a requirement under section 23.
I29I43I57I71I85I99I113I127I141I155I169I183I197I211I225I239I2433
But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 26.
I134
Regulations are to provide for—
a
the amount of a reduction under this section, and
b
the period for which such a reduction has effect.
I135
Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
a
a period continuing until the claimant meets a compliance condition specified by the Secretary of State,
b
a fixed period not exceeding 26 weeks which is—
i
specified in the regulations, or
ii
determined in any case by the Secretary of State, or
c
a combination of both.
I29I43I57I71I85I99I113I127I141I155I169I183I197I211I225I239I2436
In subsection (5)(a) “compliance condition” means—
a
a condition that the failure ceases, or
b
a condition relating to future compliance with a work-related requirement or a requirement under section 23.
I29I43I57I71I85I99I113I127I141I155I169I183I197I211I225I239I2437
A compliance condition specified under subsection (5)(a) may be—
a
revoked or varied by the Secretary of State;
b
notified to the claimant in such manner as the Secretary of State may determine.
I29I43I57I71I85I99I113I127I141I155I169I183I197I211I225I239I2438
A period fixed under subsection (5)(b) may in particular depend on either or both the following—
a
the number of failures by the claimant sanctionable under this section;
b
the period between such failures.
I139
Regulations may provide—
a
for cases in which no reduction is to be made under this section;
b
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
c
for the termination or suspension of a reduction under this section.
I1428Hardship payments
1
Regulations may make provision for the making of additional payments by way of universal credit to a claimant (“hardship payments”) where—
a
the amount of the claimant's award is reduced under section 26 or 27, and
b
the claimant is or will be in hardship.
2
Regulations under this section may in particular make provision as to—
a
circumstances in which a claimant is to be treated as being or not being in hardship;
b
matters to be taken into account in determining whether a claimant is or will be in hardship;
c
requirements or conditions to be met by a claimant in order to receive hardship payments;
d
the amount or rate of hardship payments;
e
the period for which hardship payments may be made;
f
whether hardship payments are recoverable.
Administration
I15C129C1Delegation and contracting out
1
The functions of the Secretary of State under sections 13 to 25 may be exercised by, or by the employees of, such person as the Secretary of State may authorise for the purpose (an “authorised person”).
2
An authorisation given by virtue of this section may authorise the exercise of a function—
a
wholly or to a limited extent;
b
generally or in particular cases or areas;
c
unconditionally or subject to conditions.
3
An authorisation under this section—
a
may specify its duration;
b
may be varied or revoked at any time by the Secretary of State;
c
does not prevent the Secretary of State or another person from exercising the function to which the authorisation relates.
4
Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.
5
Subsection (4) does not apply—
a
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
b
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
6
Where—
a
the authorisation of an authorised person is revoked, and
b
at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,
the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(3) (as inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 10(b))