Commons Sense

House of Commons · General Debate

Universal Credit: Court of Appeal Judgment

25 June 2020 · 34 other contributors

Opened by Stephen Timms Lab East Ham

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Stephen Timms raised concerns about universal credit: court of appeal judgment in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Universal Credit claimants face financial instability due to the system treating double payments as significant earnings increases, leading to benefit reductions and reapplication issues.
  • The Court of Appeal ruled the policy 'irrational' and urged immediate action from the Department of Work and Pensions.
  • The Department will work with HMRC to address budgeting issues caused by double payments, affecting around 1,500 claimants out of 5.2 million universal credit recipients.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Stephen Timms Lab East Ham

Universal Credit claimants are facing financial instability due to the system treating double payments as a significant increase in earnings, leading to benefit reductions and reapplication issues. The Court of Appeal ruling found the policy 'irrational', urging immediate action from the Department of Work and Pensions.

Other contributors (34)
  • Will Quince 10:31:00

    The Government has accepted the Court's judgment and will not appeal. The issue affects around 1,500 claimants out of 5.2 million universal credit recipients. While immediate solutions are complex due to current pressures on the department, efforts are underway with HMRC to address employer reporting issues.

  • Stephen Timms Lab East Ham

    Urges the Department to provide more details about the number of affected individuals and to expedite system fixes. Emphasises that the Court's decision highlights the irrational nature of the policy, affecting claimants' financial stability.

  • Mark Harper 10:31:00

    Welcomes the Government’s decision but stresses the complexity of implementing a fix and the need to ensure universal credit remains aligned with its purpose of ensuring people are better off in work. Requests an update before the summer recess.

  • Jonathan Reynolds Lab Co-op Stalybridge and Hyde

    Questions the rationale behind fighting this case for so long, highlighting that universal credit's rigidity undermines its flexibility claims. Calls for a review of policies including the five-week wait to improve fairness and effectiveness.

  • Richard Holden Con Basildon and Billericay

    Acknowledges the extra £7 billion investment in welfare during the pandemic, benefiting approximately 10 million families. Commends the Government for supporting those facing financial disruption through universal credit.

  • Will Quince Con Brentwood

    Acknowledges the complexity of the issue raised by Neil Grey and agrees that it is not a simple fix. Stresses the importance of maintaining a monthly assessment period to mirror the world of work, and notes that over 75% of people in this country are paid monthly.

  • Jerome Mayhew Con Broadland and Fakenham

    Points out that about 1.24 million new applicants relied on the universal credit system to process their claims within days during March, highlighting the positive aspects of the automated digital system introduced by the Government.

  • Jim Shannon DUP Strangford

    Expresses satisfaction with the court decision and the Minister's response. Asks if the mistake will be retrospectively corrected and inquires about help for those who took out loans to cover the month where they lost full payment.

  • James Sunderland Con Bracknell

    Concerned about the minimum income floor for individuals working in the creative arts sector, asking if it will be maintained for the foreseeable future.

  • Marco Longhi Con Woking

    Comments on the resilience of the universal credit system under pressure during recent weeks and highlights that only 10 inquiries relating to UC were encountered out of thousands of other cases received by his office.

  • Ben Spencer Con Runnymede and Weybridge

    Acknowledges the ability of the computer system to deal with an unprecedented crisis but raises concerns about the inflexibility that comes with automation, questioning if this is a case of 'computer says no' or 'computer says not yet'.

  • Margaret Greenwood Lab Blackpool North and Fleetwood

    Raises concern over the suffering many people on low incomes have endured due to the Government's failure in addressing this flaw. Asks for urgent attention to cases of constituents who have been affected.

  • Selaine Saxby Con North Devon

    Acknowledges the success and robustness of the computer system behind universal credit but suggests that human intervention might help prevent cases from falling through the cracks when the computer says no.

  • Jessica Morden Lab Newport East

    Draws attention to a problem with the UC system, questioning why under-25-year-old single parents receive less on UC than they would have done under legacy benefits.

  • Defended the Department's actions in operationalising measures quickly to help those financially disadvantaged due to covid-19. Acknowledged that legacy benefits will be reviewed and uprated ahead of April 2021 as usual. Exploring timing of assessment periods, considering feedback from experienced members like Nigel Mills but noting challenges with changing them. Emphasised the system's handling of claims since March and criticised Labour for not having a replacement plan.

  • Asked if there is merit in reviewing the timing of assessment periods to align with end-of-month dates, suggesting this could resolve recurring issues.

  • Critiqued the welfare system as failing and asked for Government support to collaborate on basic income pilots in Scotland.

  • Andrew Griffith Con Arundel and South Downs

    Suggested there is dignity in an automated, modern benefits system that simplifies processes. Suggested employers should align their dates with the system for employee benefit.

  • Mary Foy Lab City of Durham

    Congratulated women on a social justice victory and criticised the Government's pursuit of a case to the Court of Appeal, arguing that universal credit does not work for people like them.

  • Complimented staff at Harlow jobcentre for their efforts and raised concerns about childcare costs impacting single parents' financial decisions negatively under universal credit.

  • Welcomed the Government's decision not to prolong court cases but questioned the Department’s reasons for flawed approaches, asking for clarity on their defences in recent Court of Appeal decisions.

  • Debbie Abrahams Lab Oldham East and Saddleworth

    Raised concerns about the unfairness of universal credit's assessment period issues affecting individuals like Danielle who lost £500 annually, questioning why these problems occur despite an agile system.

  • Highlighted the importance of advance payments for over a million claimants and praised universal credit's ability to provide support quickly during the pandemic.

  • Meg Hillier Lab Co-op Hackney South and Shoreditch

    Acknowledged staff efforts but criticised the failure in identifying affected individuals. Suggested using algorithms with human checks for fair treatment, requesting assurance on Department's actions to identify those affected.

  • Bob Blackman Con Harrow East

    Asked the Minister to consider a system whereby an alert is triggered when people's pay suddenly increases, allowing for corrections in benefit levels.

  • Will Quince 10:31:00

    Acknowledged Bob Blackman’s suggestion and expressed willingness to explore it. Emphasised the benefits of real-time earnings information in Universal Credit compared to the legacy system. Stated that once fully rolled out, Universal Credit will be £2 billion more generous a year than the old system.

  • Hywel Williams 10:31:00

    Welcomed the court’s judgment and Minister's response but highlighted flaws in Universal Credit. Asked for a devolution of aspects of social security administration to Wales.

  • Will Quince 10:31:00

    Responded that the suggestion may be addressed by the Secretary of State and highlighted the benefits Universal Credit offers, including financial support for disabled households and unclaimed benefits under the old system.

  • Steve McCabe 10:31:00

    Inquired if the Minister's solution would consider real income as opposed to the Department’s assumptions about earned income based on assessment periods.

  • Will Quince 10:31:00

    Defended the assessment period as fundamental to the design. Noted that while there are fluctuations, they affect a small number of people and highlighted that Members’ postbags do not contain many complaints about Universal Credit.

  • Chris Stephens 10:31:00

    Asked for discussions with local government to ensure claimants do not have bills they cannot afford due to Department's errors, citing an example of a constituent who has faced significant increases in council bills.

  • Will Quince 10:31:00

    Offered to look into the case in detail and was willing to meet Chris Stephens to discuss passported benefits further.

  • Chi Onwurah Lab Newcastle upon Tyne Central and West

    Critiqued the Minister's lack of contrition regarding mistakes made with Universal Credit, emphasising financial impacts and loss of trust in government among constituents. Asked for an apology and lessons to be learned.

  • Will Quince 10:31:00

    Asserted that Universal Credit is working well and acknowledged continuous improvements based on feedback from Members, stakeholders, and the public. Suggested Opposition should work with the Government to improve the system further.

Government Response

The Department will not appeal and is looking at remedial options to address budgeting issues caused by double payments, working closely with HMRC to ensure accurate reporting. The scope of the case is limited, affecting around 1,500 claimants out of 5.2 million universal credit recipients. Acknowledges complexity of issue, stresses importance of monthly assessment period to mirror world of work. Discusses positive aspects and resilience of the system, commitment to finding a fix. Defended the Government’s quick action and emphasised the benefits of universal credit despite criticisms. Stressed the importance of employer compliance with HMRC guidance for effective operation. Addressed several concerns raised by MPs, including suggestions for improving Universal Credit's responsiveness to income fluctuations and addressing financial impacts on constituents.

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