How Much the Government Will Save by Migrating Legacy Benefits to Universal Credit: Impacts on Tax Credit Recipients
The UK government’s plan to migrate millions of people from legacy benefits to Universal Credit (UC) has been in motion since 2013. The intention behind the switch is to streamline the benefits system, making it more efficient, reducing fraud, and cutting costs. However, for many recipients of legacy benefits, including those receiving tax credits, this migration raises concerns about the financial impact on their household income.
Projected Government Savings
The government is expected to save billions through the Universal Credit migration. According to a 2019 report by the Department for Work and Pensions (DWP), Universal Credit is projected to save around £8 billion annually once fully rolled out. The savings come from several sources:
- Simplification of the system: Merging six different benefits (Jobseeker’s Allowance, Housing Benefit, Working Tax Credit, Child Tax Credit, Employment and Support Allowance, and Income Support) into one reduces administrative costs.
- Reduction of fraud and error: Universal Credit’s real-time income tracking system, which is integrated with HMRC data, has been designed to reduce fraud, overpayments, and benefit errors.
- Increased work incentives: UC aims to encourage recipients to work more hours by reducing the “cliff edge” where benefits are lost abruptly when income increases slightly. This could lead to more individuals transitioning out of reliance on welfare.
- Reduction Of Payments: The migration from legacy benefits, such as tax credits and Employment and Support Allowance (ESA), to Universal Credit (UC) has raised significant concerns regarding potential reductions in financial support for millions of claimants across the UK where many individuals are experiencing a drop in their overall income during this transition.
However, while these savings may benefit the government’s finances, the impact on individual claimants is less straightforward, particularly for those receiving tax credits.
Impact on Tax Credit Recipients: Will Universal Credit Be Less?
The financial effect of switching from tax credits to Universal Credit can vary depending on individual circumstances. In some cases, recipients may see reduced benefits, particularly for working households on Working Tax Credit and Child Tax Credit.
Key Differences Between Tax Credits and Universal Credit:
- Work Allowances and Taper Rates:
- Universal Credit has a taper rate of 55%, meaning that for every £1 earned above a certain threshold, a claimant’s UC entitlement is reduced by 55p. This is less steep than the taper rate of 41% used for tax credits. However, the income thresholds at which benefits are tapered under Universal Credit are often lower, meaning people may start losing benefits sooner.
- Single vs. Separate Payments:
- Universal Credit is paid as a single monthly payment, which can cause budgeting challenges for some households used to the weekly or fortnightly payments under the legacy system.
- Benefit Caps and Deductions:
- Universal Credit has a benefit cap, which limits the total amount of benefits a household can receive, depending on location and family size. This may reduce payments for larger families, particularly those previously receiving high amounts of Child Tax Credit.
Example Scenario: Tax Credits vs. Universal Credit
Let’s consider a household with two children, where one parent works part-time, earning £14,000 a year, and they currently receive Working Tax Credit and Child Tax Credit.
- Under the tax credit system, they might receive around £7,000 annually in tax credits.
- Under Universal Credit, their work allowance would be lower, and after factoring in the taper rate, their UC entitlement might reduce to around £5,500 annually.
This family would see a £1,500 reduction in benefits under Universal Credit compared to tax credits. The exact reduction depends on various factors such as rent, number of children, and childcare costs, but many working families face a similar loss when transitioning to UC.
Transitional Protection
To ease the transition, the government has introduced transitional protection for some households. This means that if your Universal Credit entitlement is lower than your legacy benefit entitlement at the point of migration, you will receive a top-up payment to ensure you do not lose out immediately (but it will happen eventually). However, this protection is temporary and will erode over time, particularly if your circumstances change, such as through a pay rise or a new household member.
Is It Against the Law to Reduce Universal Credit When a Person Previously Received Higher Tax Credits?
Exploring the Legalities of Reducing Benefits and Financial Hardship
As the UK government transitions millions of claimants from legacy benefits, such as tax credits, to Universal Credit (UC), many people have faced a drop in their income. This has sparked concerns about whether reducing benefits to cut public spending is lawful, especially when it pushes individuals into financial hardship.
Is It Legal to Reduce Benefits Like Universal Credit?
The UK government has the authority to adjust welfare benefits, such as by migrating claimants from tax credits to Universal Credit. These decisions are typically justified on grounds of simplifying the system, making it more efficient, and controlling public spending. However, reducing someone’s benefits in a way that causes undue financial hardship raises serious ethical and legal concerns.
The reduction of benefits like Universal Credit is legal if it follows due process and the guidelines set out by the Department for Work and Pensions (DWP). However, the Human Rights Act 1998, which incorporates the European Convention on Human Rights (ECHR) into UK law, protects individuals from having their basic rights violated, including their right to a reasonable standard of living and protection from financial hardship.
Does Benefit Reduction Constitute Financial Hardship?
Reducing someone’s benefits, particularly if they were receiving higher amounts under tax credits, can result in significant financial hardship. Under Article 3 of the ECHR, inhumane or degrading treatment is prohibited, and pushing someone into severe poverty could arguably fall into this category. Additionally, Article 8 protects an individual’s right to family and private life, which could be threatened by severe cuts to financial support.
What Laws Might Be Broken?
- Human Rights Act 1998 (Article 3):
If benefit reductions cause such extreme financial hardship that a person’s living conditions become degrading or inhumane, there may be grounds to argue that Article 3 of the Human Rights Act has been breached. This article protects individuals from inhuman or degrading treatment, and while financial hardship alone may not meet this threshold, extreme cases where someone is unable to meet basic living needs could qualify. - Equality Act 2010 (Indirect Discrimination):
Reducing benefits disproportionately impacts vulnerable groups, including disabled people, single parents, and low-income families. If the reduction in Universal Credit disproportionately affects these groups, it may amount to indirect discrimination under the Equality Act 2010. This law prohibits policies or actions that negatively affect certain protected groups more than others, even if unintentionally. - Welfare Reform Act 2012:
This act provides the legal framework for Universal Credit, but it also requires that any changes to benefits should not result in severe hardship. Transitional protection was introduced to mitigate the impact of the migration from tax credits to UC. If this protection is withdrawn unfairly or eroded too quickly, individuals may have grounds to challenge the reduction as unlawful. - Social Security Act 1998:
Under this act, claimants are entitled to appeal decisions about their benefits, including reductions or sanctions. If an individual believes that the reduction of their Universal Credit is unlawful or has placed them in financial hardship, they have the right to request a reconsideration or appeal the decision.
Can the Government Purposely Push Someone into Financial Hardship?
While governments are permitted to adjust welfare benefits, it is unlawful to deliberately push someone into severe financial hardship. Policies or actions that have this effect can be challenged under the Human Rights Act or Equality Act, particularly if the impact is disproportionate on certain vulnerable groups. Furthermore, benefit reductions should not leave people unable to meet their basic needs for food, housing, or healthcare.
Transitional Protection and Financial Support
To address potential financial losses, the government has introduced transitional protection for those moving from tax credits to Universal Credit. This is meant to ensure that claimants do not immediately experience a drop in income during the switch. However, this protection is temporary and can diminish over time, particularly if there are changes in the claimant’s circumstances (e.g., a pay rise, household composition changes).
What Can You Do if Your Benefits Are Reduced?
If your benefits have been reduced and it has resulted in financial hardship, you have several legal options:
- Request a Mandatory Reconsideration:
If you believe that your Universal Credit payments have been unfairly reduced, you can request a mandatory reconsideration of the decision. This is the first step in challenging a benefit decision through the DWP. - Appeal to a Tribunal:
If the reconsideration does not resolve the issue, you can appeal the decision through an independent tribunal. The tribunal will review whether the reduction in your benefits was lawful and whether your circumstances were adequately considered. - Seek Judicial Review:
If a policy or decision by the DWP is causing widespread hardship and you believe it is unlawful, you could consider seeking a judicial review. Judicial review allows a court to assess whether a government action or policy is lawful. This route is often used in cases of widespread systemic issues, such as the roll-out of Universal Credit. - Human Rights or Equality Challenges:
If you believe that the reduction in your benefits violates your human rights or constitutes indirect discrimination under the Equality Act, you may be able to bring a claim. This would likely require legal advice and representation. - Consult an Advisor or Charity:
Organizations such as Citizens Advice or disability charities offer advice on challenging benefit reductions. They can help you navigate the appeals process, request reconsiderations, and gather the necessary documentation to support your claim.
What to Do to Prevent Benefit Reductions
Navigating the UK benefits system can be challenging, especially if you’re facing reductions in your payments or if your benefits have already been reduced. Whether you’re transitioning from tax credits to Universal Credit or dealing with other cuts, it’s essential to know your rights and understand the steps you can take to prevent or challenge reductions in your payments. This guide outlines key actions you can take to protect your income and what to do if your benefits have already been reduced.
1. Understand the Transition to Universal Credit
If you are being moved from tax credits or other legacy benefits to Universal Credit, it’s important to understand how this transition works and the impact it may have on your income. Universal Credit combines six different benefits into one payment, but the amount you receive may differ from what you were entitled to under the previous system.
Key Steps:
- Check Your Entitlement: Use a benefits calculator (such as the one available at Turn2us.org or Entitledto.co.uk) to estimate how much Universal Credit you will receive compared to your previous tax credits or benefits. This will help you prepare for any changes in income.
- Apply for Transitional Protection: If you’re moving to Universal Credit and would receive less than you did under legacy benefits, you may be entitled to transitional protection. This is a temporary top-up to ensure you do not lose out immediately during the switch. However, it will erode over time and can end if your circumstances change, such as if you start earning more or move house.
2. Prevent Your Benefits from Being Reduced
There are a few key things you can do to prevent your benefits from being reduced or to minimize the impact of any reductions:
Keep Your Details Up to Date:
- Always ensure the DWP (Department for Work and Pensions) or HMRC (Her Majesty’s Revenue and Customs) have up-to-date information about your circumstances. If you have a change in income, housing situation, or family composition (such as the birth of a child), it’s essential to report it promptly. Failing to do so can result in overpayments, which you may later have to repay, or underpayments.
- Key changes to report:
- Change in employment status or income
- Changes in housing or rent
- Family changes (e.g., a partner moving in or out, new child)
Comply with Job-Seeking Requirements (If Applicable):
- If you are required to actively seek work as part of your benefits, make sure to comply with the work-related requirements in your claimant commitment. Failure to meet these requirements, such as attending job interviews or applying for jobs, can lead to sanctions, which may reduce your payments temporarily.
Claim All Available Benefits:
- Ensure you are receiving all the benefits you’re entitled to. You may be eligible for housing benefit, council tax reduction, or disability-related benefits (e.g., Personal Independence Payment – PIP) in addition to Universal Credit. Claiming these additional benefits can help you avoid a shortfall in income.
- Use a benefits calculator to double-check your eligibility for other assistance.
3. If Your Benefits Have Been Reduced
If your benefits have already been reduced, it’s important to act quickly to understand the reason and take appropriate action. Here are the steps you can take:
Check the Reason for the Reduction:
- If your Universal Credit or other benefits have been reduced, you should receive a notification explaining the reason. Common reasons include:
- A change in your circumstances
- A reduction due to sanctions (for not meeting job-seeking requirements)
- Overpayments that are being recovered
- The end of transitional protection for those moving from legacy benefits
Request a Mandatory Reconsideration:
- If you believe the reduction is incorrect or unfair, you can request a mandatory reconsideration. This is the first step in challenging a decision made by the DWP or HMRC. You must make the request within one month of the decision, explaining why you believe it is wrong and providing any supporting evidence.
- You can request a reconsideration by phone, in writing, or through your online Universal Credit account.
Appeal to an Independent Tribunal:
- If your mandatory reconsideration is unsuccessful, you can appeal to an independent tribunal. The tribunal is a separate legal body that will assess your case and decide whether the benefit reduction was lawful.
- You must submit your appeal within one month of receiving the reconsideration decision. You can represent yourself at the tribunal, but it may be helpful to get advice from organizations such as Citizens Advice or a welfare rights adviser.
4. Seek a Hardship Payment:
- If your benefits have been reduced due to a sanction or another reason and you are struggling to meet basic needs (such as food and rent), you can apply for a hardship payment. This is a reduced payment intended to help with essentials while your benefits are cut. However, hardship payments are usually repayable, meaning they will be deducted from your future Universal Credit payments.
- You will need to demonstrate that you are doing everything possible to meet the requirements of your benefit, such as looking for work if required.
Take Legal Action if You Are Pushed into Financial Hardship
If the reduction of your benefits results in severe financial hardship, you may have grounds to take legal action, particularly if you believe the decision breaches your human rights or amounts to discrimination.
Human Rights Challenge:
- If your benefits have been reduced to the point where you are unable to afford basic living costs, such as food and shelter, you may be able to challenge the decision under Article 3 of the Human Rights Act 1998, which protects against inhuman or degrading treatment. This could be particularly relevant in extreme cases of poverty caused by benefit reductions.
Equality Act Challenge:
- If you believe the reduction disproportionately affects you due to a disability, race, or other protected characteristic, you may have a case for indirect discrimination under the Equality Act 2010. Benefit policies that disproportionately impact vulnerable groups could be unlawful.
Seek Judicial Review:
- In extreme cases where systemic issues affect many claimants, you could seek a judicial review of the policy or decision. Judicial review allows a court to determine whether the government’s decision to reduce benefits or impose sanctions was legal and reasonable.
Get Support from Charities and Advisors
If you are struggling to prevent benefit reductions or have already experienced a cut in your payments, various organizations can provide support and advice:
- Citizens Advice: Offers free advice on benefits, helping you to appeal decisions, apply for reconsideration, or explore other forms of support.
- Turn2us: Provides a benefits calculator and offers financial advice for those experiencing hardship.
- Disability Rights UK: Provides information and advice for disabled individuals facing benefit cuts or issues with Universal Credit.
- Local Welfare Rights Advisors: Many local councils and charities have welfare rights advisers who can help you understand your entitlement and challenge unfair reductions.
Conclusion
Preventing a reduction in your benefits or responding to one requires proactive steps, including keeping your information up to date, complying with benefit requirements, and appealing decisions where necessary. If your benefits have been reduced, remember that you have the right to challenge the decision and access hardship payments or legal action if you’re facing financial hardship. Understanding your rights and seeking support from advisors can help ensure that you receive the benefits you are entitled to.
While the government can reduce benefits, including switching claimants from tax credits to Universal Credit, it must ensure that these reductions do not cause severe financial hardship. Various laws, such as the Human Rights Act and the Equality Act, protect individuals from actions that unduly impact their well-being or disproportionately affect vulnerable groups. If you find yourself in financial hardship due to benefit reductions, there are legal avenues available to challenge these decisions and seek better support. Universal Credit is set to save the government billions, for many individuals, particularly those receiving tax credits, the switch could mean a significant drop in household income. Transitional protections provide some short-term relief, but many recipients may face a reduction in benefits in the long term, especially those in working households. The government’s challenge will be to ensure that the system incentivizes work without disproportionately affecting those who are already struggling.
Sources:
- Department for Work and Pensions. (2019). Universal Credit: 2019 Progress Update. Retrieved from DWP Annual Report
- Joseph Rowntree Foundation. (2020). The Impact of Universal Credit on Incomes. Retrieved from JRF Report
- Human Rights Act 1998, available at Legislation.gov.uk
- Equality Act 2010, available at Legislation.gov.uk
- Department for Work and Pensions. (2020). Universal Credit and Transitional Protection. Available at GOV.UK