The JSSL provides expert coverage & analysis of developments in #SocialSecurity law/policy/practice, covering welfare benefits in the UK & internationally.
We finish with our case law digest, compiled by @alexa_thomp & Alice Welsh, taking us through the latest decisions from the ECtHR, Court of Appeal and High Court (E&W), as well as the Upper Tribunal, covering everything from the benefit cap to transitional protection to NRPF. 8/n
ALT Image shows page of text on a European Court of Human Rights case on the benefit cap for lone parents
Elliot Kent provides the legislation digest, with updates on statutory instruments covering 'right to try', abolition of some legacy benefits, the replacement of DHPs, benefit up-rating, and more. 7/n
ALT image shows first page of case law digest by Elliot Kent
Our first book review, by Naomi Creutzfeldt, examines Grieshofer & Haworth's edited collection on 'Language and Justice: Communication in Legal Practice'. Our second review, by Mark Simpson, explores Dickson's 'Key Ideas in Law: The Concept of Fairness'. 6/n
ALT image shows the first page of a book review of 'key ideas in law: the concept of fairness'
ALT image shows the first page of a book review of 'language and justice: communication in legal practice'
Tom Mullen and colleagues offer a comparative insight into social security tribunals, bringing to light the differences between the experiences in First-tier Tribunals for Scotland (dealing w devolved benefits) and First-tier Tribunals for GB (dealing with reserved benefits). 5/n
ALT image shows the first page of an article by Tom Mullen and others on 'social security tribunals in the era of devolution'
Ruth Friskney and colleagues explore why assistance in claiming disability benefits is beneficial, both in terms of success at initial claim but also in supporting the cognitive, emotional and interpretative demands of making a claim. 4/n
ALT image shows the first page of an article by Ruth Friskney and others on 'the importance of assistance for disability benefits claiming: administrative burden, bureaucratic rationality and the false promise of equality'
Our News covers how social security provision differs across a 'devolved UK', barriers facing young people and 'disadvantaged' UC claimants in getting work, the rise in DWP complaints, the poverty challenge in N.Ireland, the £3.7billion of 'unfilled eligibility' & much more. 3/n
ALT image shows first page of the 'News' section by Jed Meers, with the first article on the Timms review evidence and engagement programme
Our editorial on the removal of the 2-child limit looks at the issue of fairness in social security decision-making, where political debate on what is 'just' or 'fair' has taken different directions over time. 2/n
ALT Image shows the first page of the editorial, titled 'justice and fairness in social security? the removal of the 2 child limit'.
Always good to get the hard copy of JSSL! This edition focuses on 'Justice & Administration', looking at the role of assistance in claiming disability benefits and social security tribunals in the era of devolution. Plus news, book reviews & legislation + case law digests ... 1/n
ALT Image shows the cover of the Journal of Social Security Law 2026, issue 2
@alexa_thomp & Alice Welsh provide the latest case law updates from the Supreme Court, High Court (Admin) and Upper Tribunal, including on UC, PIP and 'any time' appeals. End/
Elliot Kent, covers the latest statutory provisions, from the Public Authorities (Fraud, Error and Recovery) Act 2025 to the reg.s abolishing Income Support & income-based JSA, plus measures to correct for claimants losing transitional protection due to a ‘failed stop notice 10/
Mark Simpson provides a review of @viki_hooton's new book on 'Free Movement and Welfare Access in the European Union', concluding that it "represents a thoughtful, thoroughly researched, though far from dispassionate, contribution to its field." 9/
@viki_hooton analyses the @UKSupremeCourt judgment in Simkova v SSWP on the complex relationship between EU social security co-ordination measures & blended benefits like Universal Credit with an outcome that she notes is unsurprising but disappointing for public lawyers 8/
Mel Cousins analyses the @UKSupremeCourt decision in R (Jwanczuk) v SSWP on whether a contribution condition required for receipt of a Bereavement Support Payment involved discrimination against a deceased person with a lifelong inability to work and pay Nat Ins contributions 7/
Our final article is by Ruth Lister on the work of the UK task force on child poverty, written before the 2-child limit was abolished but with clear evidence on what is needed including and beyond this important reform 6/
ALT Abstract: This article is an edited version of an invited presentation to a round table in Belfast organised by the Joseph Rowntree Foundation on the International Day for the Eradication of Poverty 2025. The subject of the round table was what can be learned from wider experience in response to the anti-poverty strategy that was published by the Northern Ireland Executive. The presentation concerned the
work of the UK task force on child poverty which had not reported at the time of
writing
Our second article, by @Edelharris, Chair of the Indep Review of Adult Disability Payment, on 'Rethinking Disability Support', sets out the conclusions and recommendations of the Review panel which were focused on fairness, transparency, and empowerment 5/
ALT Abstract reads: Abstract
The Independent Review of Adult Disability Payment (ADP) published in July
2025, followed over a year of engagement with disabled people in Scotland.1 Its
publication marks a pivotal moment in Scotland’s journey toward a more inclusive
and rights-based social security system. As Scotland continues to diverge from the
UK’s reserved welfare framework, this review offers a blueprint for reforming
disability support with a focus on fairness, transparency, and empowerment. This
article explores the fiscal, legal, and economic implications of the review, analysing
its recommendations and their potential impact on public finances, legal
frameworks, and the UK’s broader socioeconomic landscape. It is important to
note that none, some or all review’s recommendations may be implemented, and
The Scottish Government published its response to the review on 19 February
2026.
Our first article, by Mark Bennett, Jed Meers & Joe Tomlinson on Fraud & Fair Process in Benefits Administration, examines empirically how the new Targeted Case Reviews are working in Universal Credit, arguing that fair process is at risk of creating administrative injustice 4/
ALT Abtract reads: This article provides the first empirical study of the UK’s Department for Work
and Pensions’ Targeted Case Review (TCR) scheme—a fraud and error reduction
programme to which millions of Universal Credit claimants will be subjected in
the coming years. It traces the rapid expansion of the scheme since 2022 and maps
out the law and administrative procedures of TCRs. Drawing on 22 original
qualitative interviews with Universal Credit claimants who have undergone a
TCR, the article further identifies emerging themes from claimant experiences of
these new procedures. The account developed raises significant questions about
how fair process can be maintained in the TCR scheme, particularly in a global
context where similar programmes have led to systemic failures of administrative
justice.
ALT Intro para reads: DWP-commissioned research into the behavioural impact of the penalties regime
for benefit fraud and error has found that the threat of penalties had a 'limited'
deterrent effect on those interviewed, with participants reporting low levels of
awareness of the regime before receiving a penalty. The qualitative study, conducted by Verian Group Ltd between January and
April 2025, involved 48 in-depth interviews with individuals who had received
one of three types of penalty: a £50 Civil Penalty for error, an Administrative
Penalty, or prosecution resulting in conviction.
Our editorial salutes the work of @CPAGUK on its 60th anniversary, recognising the groundbreaking work that has been done through its litigation strategy to challenge the interpretation of social security legislation 2/
ALT Introduction para reads: The year just ended marked the 60th anniversary of the founding of the Child
Poverty Action Group (CPAG), a registered charity with an annual budget (for
2024–25) of £5.5m1 which, as most readers will need no reminding, is Britain’s
leading campaigning and support organisation for the welfare rights of the most
economically disadvantaged families, especially those who are dependent on
support from the state via the benefits system. CPAG’s proud history is well
documented and several accounts highlight its advocacy on behalf of the poor not
merely in the public policy arena but also in the courts and tribunals. As Lord
Brown noted in the UK Supreme Court in CPAG v Secretary of State for Work
and Pensions, CPAG is “an organisation with a long history of bringing legal test
cases on behalf of social security claimants”.
A bit later than usual, but delighted to share what we've published in our 2026(1) Journal of Social Security Law, covering fraud, adult disability payment, and child poverty, as well as case analyses, book review, legislation and case law digest ... 1/n
Our legislation digest by @alexa_thomp & Alice Welsh @UoYYork provides updates on case law from the Court of Session, Court of Appeal (Eng & Wales), the Upper Tribunal and the Upper Tribunal for Scotland, incl on the participation of vulnerable claimants in tribunal proceedings
ALT image shows first page of the JSSL case law digest, beginning with the case of Fanning and Fanning v SSWP and the Scottish Ministers [2025]
Elliot Kent provides the Digest on recent legislation, including the Universal Credit Act 2025 and various amendment regulations on income & capital disregards, child benefit, & habitual residence as well as the new Social Fund Winter Fuel Payment Regulations
ALT image shows the first page of the legislation digest by Elliot Kent, starting with the Universal Credit Act 2025
We have two book reviews, by Michael Adler and @viki_hooton, reviewing 'European Social Security Law' by Frans Pennings & Gijsbert, and 'The Market Citizenship Illusion: Free Movement Rights for Atypical Workers' by Alice Welsh
ALT image shows the first page of a book review by Michael Adler of the Research Handbook on European Social Security Law, 2nd edition, edited by
Frans Pennings and Gijsbert Vonk
@lisa_scullion and colleagues present findings from their longitudinal research with veterans who have mental & physical ill-health, who must simultaneously navigate the bureaucracy of the UK social security system and the Ministry of Defence, with poor outcomes for veterans
ALT image shows the abstract from an article by Lisa Scullion and colleagues on 'Complexity, duplication and mistrust: multi-stakeholder perspectives on benefits assessments for veterans
Philip Larkin takes an in-depth look at how disabled young citizens have been treated by the UK social security system, with a particular focus on the limits of the government's 'responsibilisation' agenda and the need for a new approach to independent citizenship
ALT image of the first paragraph of Philip Larkin's article on the limits of the legislative responsibilisation process: young citizens and reforms to UK disability benefits
@jed_meers and Michael Robinson @UoYLaw examine what remains of the government's original 'Pathways to Work' agenda and what the developments might mean for future directions for health related benefits in the UK social security system
ALT image shows the title and abstract of the article by Jed Meers and Michael Robinson on 'Working assumptions: the fate of the UK government's pathways to work agenda
Our editorial focuses on trust in the social security system in relation to disability benefits, noting the problems when trust between government and disabled citizens falls short, where preconditions of trust are not met
ALT image shows the first paragraph of the editorial on Disability and Trust in Social Security
We start 2026 with a look back at our last edition of 2025, focused on disability benefits. JSSL 2025(3) reviews the new 'Pathways to Work' agenda, the position of young citizens in need of disability benefits, and the experiences of veterans of disability benefit assessments🧵
ALT image of the front cover of JSSL 2025 volume 3
A warm welcome to our new Case Digest editors, Alice Welsh @UoYLaw & @alexa_thomp, providing updates on Upper Tribunal (GB & Scotland) & N.Ireland Social Security Commissioner decisions on ESA overpayments, Adult Disability Payment, inquisitorial duties of tribunals, & much more
ALT text of discussion of CC v Department for Communities (ESA) [2025] NICom 5, with the heading 'Don’t count your chickens (even after they hatch)—on overpayments from
maladministration and legitimate expectations
Elliot Kent provides the Digest on recent legislation, incl Regulations on Council Tax Reduction, income and capital Disregards, Work-Related Requirements for the UC In Work Pilot Scheme, amendments to Scottish Adult Disability Living Allowance, Tribunal Procedure rules, & more:
ALT Image of text outlining issues of note with the National Insurance Contributions (Secondary Class 1
Contributions) Act 2025 and highlighting the Statutory Instruments that the Digest will review
Neville Harris and Mark Simpson review books by Rachel E Talyor on Children's Rights and by Stine Piilgaard Porner Nielson and Ole Hammerslev on European Welfare States and Social Rights
ALT Image of the first paragraph of a book review by Mark Simpson of the book edited by Sine Piilgaard Porner Nielson and Ole Hammeslev on 'Transformation of European Welfare States and Social Rights'
ALT Image of text of book review of Fortin’s Children’s Rights and the Developing Law, 4th edn, by
Rachel E. Taylor, (Cambridge: Cambridge University Press, 2024),
Izzie Salter @UoYLaw examines the law underpinning the wide range of debt deductions from #UniversalCredit, generating a typology of deductions in social security from 'corrective' and 'punitive' to 'essentials' and 'loans', providing a framework for future research & analysis
ALT Image shows text of abstract of article on Universal Credit debt deductions that reads: Nearly half of households receiving Universal Credit (UC) are experiencing a
‘deduction’ from their award. These 2.7 million households lose a portion of their
benefits to pay costs owed to the government and/or a third party. Despite its
widespread application, the law underpinning this regime has not been closely
examined. Drawing on an analysis of the underpinning legislation, case law and
decision-maker guidance, this article identifies and analyses a six-fold typology
of “deductions” in social security law: loans, corrective, punitive, essentials,
renting, and duties deductions. In doing so, it provides a framework for future
research and legal analysis of the UC deductions regime.
In her article, @viki_hooton discusses the Upper Tribunal and Court of Appeal judgments in Simkova on how hybrid benefits like Universal Credit, combining social assistance and insurance, are classified under EU rules on social security coordination
ALT Image of text on article examining EU social security coordination rules that reads: This article discusses the recent Simkova judgments from the UK Upper Tribunal
and Court of Appeal. Particularly, it considers whether EU law provides adequate
guidance for the classification of blended benefits systems like Universal Credit
under the Social Security Coordination regime (Regulation 883/2004). Although
EU jurisprudence has tackled the issue of ‘hybrid’ benefits that include elements
of social assistance and social security—as well as general social assistance
benefits and severable social security benefits—the classification of mixed benefits
remains complex. There may still be questions as to the proper handling of blended
benefits that are not severable, but which have subsumed entitlements that were
previously part of social security law into the granting of social assistance ...this article argues that
EU law has not yet provided any answers
Rita Griffiths & Marsha Wood @UniofBath explore the complex territory where #UniversalCredit meets other passported benefits and means-tested help, revealing the cliff-edges that mean individuals will lose more than they gain from additional net earnings
ALT text shows Abstract of an article that reads: Drawing on qualitative longitudinal
research with low-earning working people, this article presents new empirical
insights into the interaction between Universal Credit, earnings and entitlement
for other sources of means-tested help, exploring the ways in which changes in
reported earnings can affect household incomes and decisions around work.
Suggestions for improving work incentives and reducing “cliff edges”—where the value of entitlements lost can be more than the gains from additional net
earnings—are explored.
Our News Digest by @jed_meers also covers the 'Pathways to Work' Green Paper along with @CommonsWorkPen recommendations on a statutory safeguarding duty, the UC Targeted Case Review programme, fraud & error in the benefits system and 'unfilled benefits eligibility', & much more!
ALT text shows the first page of the 'news' section beginning with the 'pathways to work' green paper
Our editorial reviews the legal requirements for public consultation, following the @DWPgovuk Green Paper on Pathways to Work where only some proposed changes were being consulted on despite the significance that the intended changes would make to Personal Independence Payment 👇
ALT text shows introductory paragraph on the editorial on 'Consultation: Getting it Right?'
Welcome to vol.32, issue 2 of JSSL, covering the legal duties governing govt consultations, the interactions between #UniversalCredit & local welfare schemes, hybrid social assistance/insurance benefits under EU law, & the law underpinning debt deductions from UC 🧵
ALT Image of the contents page of Journal of Social Security Law issue 2 of 2025, showing Editorial by Neville Harris and Grainne McKeever, Articles by Rita Griffiths and Marsha Wood on 'Cliff Edges and Precipitous Inclines: Exploring the Interaction between Universal Credit and Passported Support for Working Claimants in the UK'; by Victoria Hooton and 'Severance and Deference: the classification of blended benefits systems for EU social security coordination'; and Izzie Salter on 'The Social Security System as a debt recovery took: A typology of debt deductions from universal Credit'. Also shown are book reviews by Neville Harris and Mark Simpson and the Digest section on legislation and case law
Huge thanks to James Organ, Luke Graham and Jennifer Sigafoos who brought together all the great papers for the #SocialRights stream @SLSA_UK and gave us time to discuss so many vitally important issues affecting #SocialSecurity 👏👏
And @cobrien.bsky.social & @tomroyston.bsky.social cover the latest #SocialSecurity case law, including on recoverability of benefit overpayment, entitlement of an EU national with pre-settled status & the judicial reviews on WCA consultation & automated benefit deductions. 8/8
ALT Image shows first page of a case law digest section by Charlotte O'Brien and Tom Royston
Our legislation digest, by Elliot Kent, covers the most recent regulations on Pension Age Disability Payment in Scotland, pensions, tribunal procedure, and numerous miscellaneous amendments in #SocialSecurity 7/8
ALT Image shows the first page of a Digest section on social security legislation, as compiled by Elliot Kent
John Offer reviews Jonathon Parker's book, "Analysing the History of British Social Welfare: Compassion, Coercion and Beyond" and @lisa_scullion reviews Kate Andersen's book on "Welfare that Works for Women? Mothers’ Experiences of the Conditionality within Universal Credit" 6/8
ALT Image of book review on Kate Andersen's book on Welfare that Works for Women? Mothers’ Experiences of the
Conditionality within Universal Credit, published by Bristol Policy Press, 2024
ALT Image is of the text of a book review of Jonathan Parker's book on Analysing the History of British Social Welfare: Compassion,
Coercion and Beyond, published by Bristol Policy Press 2024
Our second article, by Audrius Bitinas and @hiilamo explores the potential for introducing an unemployment insurance scheme in Georgia, using multiple streams theory to assess the factors potentially conducive to policy change 5/8
ALT Image shows the first page of an article on "Exploring the Feasibility of
Unemployment Insurance
Implementation in Georgia: An
Explorative Multi-Stream Analysis" by
Audrius Bitinas and Heikki Hiilamo, with an abstract that states: Unemployment insurance (UI) is crucial for robust social protection systems,
ensuring financial security, stability, formalisation of the employment and human
capital preservation. This article explores introducing UI in Georgia, a former
Soviet Union country with evolving social protection dynamics. Using the multiple
streams theory, we assess UI prospects in Georgia. The problem stream highlights
urban unemployment, formalisation needs and expanded social protection.
Financing barriers exist due to constitutional constraints. The policy stream
supports UI, drawing on global models and Georgian suggestions. Political backing
lags, despite public preference. Potential lies in European Union (EU) accession,
aligning streams for long-term UI implementation.
Our first article is by @cobrien.bsky.social arguing that there is a 'professional diversity deficit' in @UKSupremeCourt and that this matters, exploring the data that shows no UKSC judges ever acted as lawyers for a claimant in a social security case 4/8
ALT Image shows the cover page of an article and abstract on 'The Professional Diversity Deficit: The
UK Supreme Court’s Social Security
Law Blind Spot' by
Charlotte O’Brien. Abstract states: This article highlights the hitherto
under-explored evidence of a professional deficit on the Court, and argues that
this cannot help but have an influence upon judicial perspectives. One such possible
influence is the “alegalisation” of social security law—the treatment of it as
not-law but as a matter of pure politics. Here, the article analyses how the line is
drawn in key cases, in which it seems the Court feels responsible for defending
some “pure law” human rights, while defending the courtroom from other human
rights claims—those relating to social security. But poverty is a human rights
issue, and human rights are (still) a matter of law. We need to bring social security
expertise and claimant perspectives to the bench if we are to reassert the legal
nature of social security rights.
The News edit by @jed_meers covers the 'Get Britain Working' White Paper, Scotland's plans to scrap the 2-child limit, Carer's Allowance overpayment review, new fraud powers, work coach research & the parliamentary Committee reports and inquiries connected to #SocialSecurity 3/8
ALT Image of the first page of the News edit by Jed Meers, beginning with the Get Britain Working White paper, which states: "The DWP, HM Treasury and the Department for Education have published a new
White Paper outlining the UK Government’s plans for wide-ranging reforms to
employment, health and skills support to “tackle economic inactivity and support
people into good work” (HM Government, “Get Britain Working White Paper”
(26 November 2024)."
Our editorial takes a look at the @CommonsWorkPen examination of safeguarding and whether @DWPgovuk should be under a statutory duty of care imposed on it to protect claimants from harm 2/8
ALT The title and first paragraph of the editorial on 'Protecting Claimants from Serious Harm within the Social Security System'. It states: In 2023, the Work and Pensions Committee opened an inquiry into safeguarding,
with a view to determining whether the Department for Work and Pensions (DWP) should have a statutory duty of care towards individuals who use the social security system. Case law has long established that a departmental decision maker does
not owe a common law duty of care to a claimant for the decision that they make, since there is a public remedy available to the claimant through the statutory right
of appeal. What the Committee inquiry was set up to examine, however, was not
whether a duty of care is owed in relation to the outcome of a decision, but whether
it should exist in relation to how claimants are treated within the system which
determines that outcome.
First edition of JSSL 2025 has landed, covering the safeguarding of #SocialSecurity claimants, the social security 'blind spot' of @UKSupremeCourt judges, Unemployment Insurance in Georgia, the news on research reports & consultations and updates on caselaw & legislation. 1/8
ALT Cover image of Journal of Social Security Law, Issue 1 of 2025
And finally, our case digest by @CR_OBrien & @tdroyston covers case updates from the Court of Appeal, Court of Session, Upper Tribunal and the Northern Ireland Social Security Commissioners
Elliot Kent takes us through the latest social security legislation, including the Winter Fuel Payments Regulations 2024 and the Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 that aim to give effect to Kavanagh
v SSWP [2019] EWCA
@colmocinneide reviews @lukedgraham's book on 'International Human Rights Law & Destitution', and Mark Simspon reviews M.A. Yerkes and M. Bal's book on 'Solidarity and Social Justice in Contemporary Societies'
In our third article, @RobertThomas223 completes his 2-part analysis of the Northern Ireland Public Services Ombudsman’s own-investigation Report into Personal Independence Payment, examining its impact and consequences and the adequacy of response by @CommunitiesNI
Our second article, by Christian Günther, takes a comparative look at no-fault compensation schemes and proposes a set of organising principles for the development of these schemes within the UK's welfare state
Our first article, by @DrSineadFurey, Beth Bell, Louise Scullion & Jennie Archer, looks at food insecurity in Northern Ireland and the policy implications for the benefits systems and work that pays to fix underlying drivers to foodbanks and social supermarkets
We start with our editorial by Neville Harris & @McKeeverGrainne looking at the statutory changes to the #WinterFuelPayment, which DWP has said is likely to increase poverty for 50,000-100,000 pensioners and which is currently en route to a judicial review ⤵️
Another set of #SocialSecurity papers in our new blue cover, with articles from @DrSineadFurey & colleagues, Christian Günther and @RobertThomas223, news updates from @jed_meers, legislation update, case digest by @CR_OBrien & @tdroyston as well as book reviews and our editorial.
Our anniversary edition completes with our case digest by @CR_OBrien & @tdroyston reviewing a series of decisions from the Court of Appeal (England & Wales) as well as the Upper Tribunal
ALT Image shows text with the heading "Fantasy welfare is not enough: people with pre-settled status are entitled to actually live in dignified conditions". The introductory para of the text shows the case being discussed in Secretary of State for Work and Pensions v AT [2023] EWCA Civ 1307 (King, Green, Dingemans LJJ) (8 November 2023). The text reads:
As the Supreme Court has now refused permission to the Secretary of State for
Work and Pensions to appeal this case, this judgment of the Court of Appeal of
England and Wales confirms that people with pre-settled status, under the EU
Settlement Scheme, who fall within the scope of the Withdrawal Agreement, are
entitled to protection afforded by the Charter of Fundamental Rights of the
European Union (CFR)—in particular, the right within the CFR to live in dignified
conditions.
Elliot Kent provides a bumper edition of the Digest, bringing us up to date with the latest legislative developments, with an abundance of social security regulations and a new Act of Parliament on National Insurance Contributions
ALT The image shows the description of the National Insurance Contributions (Reduction in Rates) Act 2024 whichreceived Royal Assent on 20 March 2024 and makes amendments to the Social Security Contributions and Benefits Act 1992 (SSCBA) and Social Security Contributions and Benefits (Northern Ireland) Act 1992 (SSCB(NI)A) to further reduce the level of National Insurance contributions (NICs) paid by employed and self-employed persons. The image also includes the statutory instruments the editor highlights including Legislation introduced to prevent further tax credit renewals from 2024/25 onward & dealing with the migration of pension age
claimants to UC or SPC; an increase in the level of the UC Administrative Earnings Threshold requiring many claimants to do more work before work search requirements are “switched off”; Reversal of the effect of the Court of Appeal’s decision in R. (on the
application of Bui) v SSWP on the need for a National Insurance Number before an advance payment
Our second book review is by Eleanor Carter, reviewing 'The Marketisation of Welfare-to-Work in Ireland: Governing Activation at the Street-Level', by @MichaelMcGann17
ALT Image shows the introductory paragraphs of the review, which state: In this book, Michael McGann diligently traces the unfolding of key welfare state
reforms in Ireland, documenting not only the shift from protective to corrective
welfare but also the ratchetting of marketisation logics in the delivery of
employment support.
As a notable “laggard” in its introduction of more activating forms of a labour
market programme, Ireland initially makes for an unlikely case study. But since
the watershed of the financial crisis, the Irish Government has reduced spending
on social protection and elevated conditionality as key obligations in the bailout
terms with the European Troika. McGann takes the opportunity to observe the
implementation of reforms in real time and this brings an urgency and freshness
to the analysis.
@AmirPazFuchs provides our first book review of: 'The Impacts of Welfare Conditionality: Sanctions Support and Behaviour Change', by Peter Dwyer, @lisa_scullion, @Dr_KatyJones, Jenny McNeill and Alasdair B. R. Stewart
ALT Image shows introductory paragraph which states: Conditionality is a fascinating topic for philosophical inquiry, a controversial
paradigm for social policy and questionable in terms of its efficiency and
effectiveness. For present purposes, the book reviewed is a culmination of a five
year, ESRC funded project (WelCond) that set out to study welfare conditionality
in the UK. Uniquely, whilst it offers a theoretical exposition of familiar (to the
initiated) arguments for and against welfare conditionality, it goes beyond them,
to engage in an empirical inquiry, through interviews with participants who are
subject to such conditionality in the realms of welfare to work and antisocial
behaviour. Moreover, when they could be contacted, participants were interviewed
over a series of three “waves”, a few years apart, to assess their experience of
conditionality, the consequences that it had on their decision making and their
perception towards it.
Mel Cousins' case note analyses the effect of the decision by the Court of Appeal (England and Wales) in Secretary of State for Work and Pensions v AT on the right to dignity under the EU Charter of Rights.
ALT Text: In this important decision, the Court of Appeal upheld the decisions below that a destitute Romanian mother of a young child with a right of residence in the United Kingdom was entitled to universal credit (UC) which had been refused by the Department for Work and Pensions (DWP) because she only had a limited right to reside in the UK granted by virtue of Appendix EU to the Immigration Rules. The Court of Appeal held that the right to dignity under the Charter of Fundamental
Rights of the European Union (the Charter) art.1,1 and the right not to be subjected to inhuman or degrading treatment under art.4, continued to apply in UK law so that a person with a subsisting right of residence could enjoy those rights in a manner that was dignified, in the sense of meeting a minimum level of viability. The Court held that, on the facts, the lower tribunals were entitled to conclude that the UK authorities failed to ensure that the mother and child were able to enjoy the Charter right.
Our final article, by Nick Wikeley, takes us back to the judicial career of Mr G.L. Haggen in the 1950s to examine the emergence of a contested notion of the judicial independence of tribunal chairs
ALT Image shows the article abstract which states: This article considers the inter-relationship between the National Insurance Local
Tribunal (NILT) and the National Insurance Commissioner in the context of the system of precedent. This is explored through an in-depth case study of the judicial career of Mr G.L. Haggen, then Dean of the Faculty of Law at the University of Leeds, whose part-time appointment as a NILT chairman was not renewed by the Government in 1951. The reason given for this non-renewal was, according to the Minister of National Insurance, that Haggen had “persistently ignored rulings given by the Commissioner” on the subject of “good cause” (for a late claim).
This leads to a discussion of the emergence of a contested notion of the judicial independence of tribunal chairmen.
Our third article, by Mark Simpson, reviews the influence that T.H. Marshall’s writing on citizenship has had on welfare state research, analysing the value that the vision of a right to "a modicum of economic welfare and security" still holds for social protection
ALT Image shows article abstract which states: 2024 marks both the 30th anniversary of the JSSL and the 75th anniversary of TH
Marshall’s landmark essays on “Citizenship and Social Class”. Marshall’s writing on citizenship remains a key point of reference for welfare state researchers, yet his theory has been widely critiqued. Meanwhile, 21st century developments in UK social security law, policy and practice—and in the state’s constitutional arrangements—can appear difficult to reconcile with his vision of a right to “a
modicum of economic welfare and security” for all. This article considers the continued value of the Marshallian perspective as an empirical explanation of developments in social security and a normative statement of the social minimum
citizens should be able to count on. In doing so, it focuses mainly on the adequacy of low-income benefits, conditions associated with their receipt and the responsibility for social protection of different tiers of government.
Our second article, by @lisa_scullion & colleagues, explores the potential for a 'Trauma-Informed Social Security System in the United Kingdom', based on qualitative data from a study of veterans’ experiences of the UK benefits system to identify ways that @DWPgovuk could do this
ALT Image shows article abstract which states: Trauma-informed care (TIC) applies trauma theory to the design of social and
health services, to promote client engagement and avoid inadvertently harming
clients with trauma histories. Various services across the UK have been
increasingly embracing TIC, with the Department for Work and Pensions recently
expressing enthusiasm. We apply principles of TIC to qualitative data from a study
of veterans’ experiences of the UK benefits system to identify ways of moving
towards a trauma-informed social security system. Through this analysis we explore
the potential benefits for claimants and staff, while also reflecting on some of the
challenges of TIC within the context of a system with punitive features.
Our first article, by Philip Larkin, examines the central aim of #UniversalCredit to intensify the UK’s longstanding policy of using welfare benefits to oblige and incentivise citizens’ entry to, retention within, and progress in the labour market.
ALT article abstract states: The introduction of Universal Credit in the Welfare Reform Act 2012 represents the most significant single reform to the UK social security system since the post-World War II era. A central aim of the reform was to intensify the longstanding policy of using welfare benefits as a mechanism for both obliging & incentivising citizen entry, retention and progress in the labour market. Indeed, UC itself represents a fusion between two discrete historic traditions in British welfare law. This article will analyse the extent to which the Welfare Reform Act 2012 has achieved the results which legislators desired for it in relation to facilitating citizens into paid employment. The possibility that Universal Credit may actually be serving to continue welfare dependency among claimants will be evaluated. Another question which will be examined is whether there is actually a contradiction at the core of the policies underlying UC which undermines its successful operation
Our newshound, @jed_meers, sets us up for understanding the mix of a new & old political context, from manifesto commitments by Labour, to the @EHRC investigation into @DWPgovuk, to Carers Allowance Overpayments & lots more critical issues at the forefront of #SocialSecurity news
Our editorial, by Neville Harris and @McKeeverGrainne, reflects on what has changed in social security that we might NOT have anticipated 30 years ago, from an arbitrary cap on benefit entitlement to digitised or algorithmic versions of social security and administrative justice
ALT The image shows the introductory para to the editorial, which states: This is the second of our anniversary editions to celebrate 30 years of the Journal of Social Security Law (JSSL) and its contribution to understanding how the law has developed and offering potential insight into what the future might hold. In our last editorial, we reminded ourselves why the JSSL came into being and the significance of social security law as a discipline that merited specialist research and analysis. This justification has proved to be solid, with social security generating significant public discourse that does not always match the reality of claimant experiences or indeed social security provision.
Governments have always attempted to control the narrative on how public money should be spent and in a high-expenditure area such as social security, public perception has been a critical contribution to pushing through reform. The JSSL provides some ballast against the misinformation
The second edition celebrating our 30th anniversary has landed, with articles covering the past, present and future of #SocialSecurity law, as well as a case review, book reviews, and a bumper legislation and case digest. What more could anyone want?! 🧵
ALT The second edition celebrating our 30th anniversary has landed, with articles covering the past, present and future of #SocialSecurity law, as a case review, book reviews, legislation review and case digest. What more could anyone want?! 🧵
To mark our 30th anniversary we've gone blue with a celebratory gold banner, for this & the next edition.✨
Thanks to all our contributors, reviewers and readers for supporting the Journal for the last 30 years. Looking forward to your continued engagement with #SocialSecurity!
ALT Image shows photo of the Journal of Social Security Law, in dark blue with a gold banner and badge stating 30th anniversary 1994-2024
And as always, we end with a review of case law, curated by @CR_OBrien and @tdroyston, covering developments in the Court of Appeal, the Upper Tribunal, the Upper Tribunal for Scotland and the Northern Ireland Social Security and Child Support Commissioners
ALT The image shows the introductory text for the casenote on Revenue and Customs Commissioners v Arrbab [2024] EWCA
Civ 16 (Baker, Snowden, Falk LJJ) (19 January 2024). It states:
The Finance Act 2008 (FA 2008) s.124 authorises the Treasury to make Orders
with provisions for and in connection with reviews and appeals of HMRC decisions.
The section contains a Henry VIII power, enabling secondary legislation to amend
primary legislation. Pursuant to this section, the tax credit review procedure was
introduced by Tax Credits, Child Benefit and Guardian’s Allowance Reviews and
Appeal Order 2014 (SI 2014/886); this amended the Tax Credit Act 2002 s.38(1A),
to mandate a review of HMRC decisions about tax credit in advance of appeal to
the First-tier Tribunal (FtT). The key issue was whether an appeal to the tribunal
can be brought where a review request is not submitted in time and HMRC refuse
to extend time.
Our legislation digest by Elliot Kent sets out the key primary and secondary legislative developments, ranging from the National Insurance Contributions (Reduction in Rates) Act 2023 to the Universal Credit (Transitional Provisions) (Amendment) Regulations 2023
ALT Image shows introductory text to explain the National Insurance Contributions (Reduction in Rates) Act
2023 c.57: This Act received Royal Assent on 18 December 2023 and makes amendments to
the Social Security Contributions and Benefits Act 1992 (SSCBA) and Social
Security Contributions and Benefits (Northern Ireland) Act 1992 (SSCB(NI)A)
to reduce the level of National Insurance contributions (NICs) paid by employed
and self-employed persons.
We also have two book reviews. @C_Fitz_ reviews 'The Beveridge Report: Blueprint for the Welfare State', by Derek Fraser, and @anja_eleveld reviews 'Women and Welfare Conditionality: Lived Experiences of Benefit Sanctions, Work and Welfare', by @DrSharonEWright
ALT The image shows the introductory text to the book review by Ciara Fitzpatrick, stating: The erosion of Beveridge’s blueprint for the Welfare State has been well
documented in this Journal over the years. With every passing Budget Statement
from the Chancellor of the Exchequer, it appears that the notion that social security
should “enable a man to live his life without fear of poverty and family disaster”
has become a relic of the past rather than a “totem for the future”.
ALT The image shows the introductory text for the book review by Anja Eleveld: In this book, Sharon Wright analyses how welfare conditionality affects the lives
of female benefit recipients, especially of those aged 55+. She uses Dorothy Smith’s
feminist sociology to adapt insights from the street-level bureaucracy literature
which—due to its rational choice perspective—insufficiently considers the lived
experiences of women with diverse care responsibilities during their life course.
Our final article focuses on the Netherlands - Frans Pennings explores the influence of perception regarding human beings on the development of different Dutch social security schemes & how shifts in such perception underlie the direction of reform
ALT Perceptions of human beings have played a significant role in the development of social security schemes in the Netherlands; in particular, in periods when it wanted to introduce or change legislation, the Government explicitly refers to the perception it adheres to. Throughout time, a development can be seen from a change of a perception in which human beings are members of their communitie to a perception in which the State has responsibility to protect its citizens from want and has to ensure the right to benefit and income
certainty, to a perception in which human beings have to be responsible for themselves and be guided by financial incentives in order to comply with the benefit rules. This
article reviews the role of perception in Dutch social security, concluding with a
discussion on how this analysis in terms of perceptions on human nature relates
to the typology of welfare states as developed by Esping-Andersen and others.
@AmirPazFuchs and Avishai Benish examine the privatisation of social security from both a conceptual & empirical perspective, clarifying its meaning and explaining the place of the “private” realm of welfare provision in the history of the welfare state.
ALT This chapter engages with the conceptual, normative and institutional facets of
privatisation of social security. Doing so demands an acknowledgment of the
historical starting points and trajectories of social security institutions and
dynamics, which relied on private individuals and institutions well before the state
nationalised significant segments of the provision. The resurgence of private agents
into the welfare mix cannot be seen, however, as simply a reversion to past
practices, let alone solely as an administrative or bureaucratic shift. First and
foremost, we show that privatisation of social security includes a change in the
understanding of role of the state, and the allocation of responsibility across the
social-individual continuum. Secondly, the push towards further privatisation rests
on the introduction of market rationales into the design and operation of social
security systems.
Simon Halliday, @jed_meers & @JoePTomlinson look at the administration of #UniversalCredit under the UK’s increasingly digital welfare state and the use of automated processes within it.
ALT One of the most profound shifts seen in governments around the world in recent
years is the emergence of the digital welfare state. This transformation has seen
the welfare state increasingly dependent on digitalised, automated and data-driven
forms of public administration, which are altering the nature of welfare provision
itself. This transition raises a fundamental question: what does a legitimate process
look like in this new welfare state? Using new qualitative datasets, this article
explores how public officials, welfare claimants and welfare rights advisors reason
about the processes of the UK’s flagship social security programme, Universal
Credit (UC)—one of the most prominent digital welfare systems anywhere in the
world.
@JackieGulland looks at age limits in UK social security benefit schemes as they have evolved and operate today, with particular reference to those applicable to young people, lone parents and older people.
ALT The Editorial in the first issue of the Journal of Social Security Law noted the plan
to equalise state retirement pension age for men and women at age 65 (now 66,
moving soon to 67). The changes in pension age since 1993 have perhaps been
the most noticed by the general public and the media but there have been other
less headline hitting changes to benefit entitlement based on age in the last 30
years, including those which define entitlement to benefits for young people,
changes to entitlements for lone parents based on their children’s ages and new
age based conditionalities for older couples, where one has reached pension age
and the other has not. Although these changes may appear to be technicalities,
entitlement to benefits based on age criteria send important messages regarding
who is, or is not, entitled to state support and under what other conditions.
Our next article by Terry Carney discusses the use of automation within Australia’s social security system. Drawing on the Robodebt inquiry he argues that there is a need for a more “human centric” character to the design & governance of social security than is currently present
ALT The image shows the article abstract which states: This article explores the implications of Australia’s early adoption for working
age social security payments of both an expanded disciplinary form of welfare
conditionality and deployment of new technology for benefit administration such
as digitisation and automated decision-making. It argues that the combination
compounds the risk of harm for vulnerable welfare recipients by rendering financial
support more “virtual” than real and welfare administration more “virtual” than
human, risks heightened by its occurrence within a welfare state designed as an
austere “social assistance” model serving as a backstop to welfare through work.
Consequently, Australia and Britain should exercise caution when adopting policy
ideas from each other, or other international trends.
The first of our articles is by Michael Adler reviewing the use of benefit sanctions, highlighting the problems which sanctioning creates & the doubts about its efficacy, providing an update on his 2018 book, "Cruel, Unusual or Degrading Treatment: Benefit Sanctions in the UK"
ALT The image shows the abstract of an article by Michael Adler on Benefit Sanctions. The abstract states: This article focuses on changes in the scope and severity of benefit sanctions over
the last 25 years. It draws on an account of the historical development of benefit
sanctions that appears in my book, Cruel, Inhuman or Degrading Treatment?
Benefit Sanctions in the UK, which was published five years ago,1 and brings this
account up to date by covering the period since 2017. Thus, it covers the suspension
of benefit sanctions for three months during the Covid-19 pandemic in March
2020, their gradual reinstatement three months later, and the subsequent increase
in the number of sanctions which, in 2022, reached the highest level recorded
since Universal Credit (UC) was introduced in 2015.2 By way of conclusion, the
article identifies the policy options that a future government will need to consider.
Our editorial reviews the origins of the Journal and our continued ambition to address the need for academic and professional legal knoweldge of #SocialSecurityLaw
ALT Image shows the introduction to the Journal's editorial entitled "Whence we came and where we have been"
Always good to end the week on a high - approving the final proofs of the 1st of 2 anniversary editions of JSSL. 30 years old & as vital as the day it was born!🎉
We've got a packed edition w contributions reflecting on the past 30 years of #SocialSecurityLaw in the UK & beyond🧵
ALT Image shows the content page of the Journal with the following articles listed: Do Benefit Sanctions Have a Future? by
Michael Adler
Automation and Conditionality: Towards “Virtual” Social Security? by
Terry Carney
Age as a Condition of Entitlement to Social Security: Changing Ideas
Over 30 Years by Jackie Gulland
Procedural Legitimacy Logics within the Digital Welfare State by Simon Halliday, Jed Meers and Joe Tomlinson
Privatising Social Security by Amir Paz-Fuchs and Avishai Benish
The Changing Perceptions on Benefit Recipients in Dutch Social
Security Policy in the Past 30 Years by Frans Pennings
As always, we finish off the Journal with our Case Digest by @tdroyston and @CR_OBrien, covering Court of Appeal (Eng & Wales) and Upper Tribunal decisions on issues ranging from the Withdrawal Agreement, to the two-child limit, to state retirement pensions - and much more ⤵️
ALT The image is of the first page of a Case Digest that starts with a Court of Appeal (England and Wales) decision in the case of Celik v Secretary of State for the Home Department (2023)
We're pleased to welcome Elliot Kent @Shelter to our editorial team. His first Digest highlights legislative developments incl. a new Finance Act and a range of Statutory Instruments amending Income & Capital Disregards, Child Disability Payment in Scotland and other changes
ALT The image is of the first page of a legislation digest that provides brief outlines of new legislation that impacts on social security
We have 2 book reviews, by @jed_meers & Mark Simpson. Jed reviews 'Social Security Law in Small Jurisdictions' by Danny Pieters, and Mark reviews 'Framing Welfare Recipients in Political Discourse: Political Farming Through Material Need Assistance' by Lenka Kissová ⤵️
ALT An image of the first page of a book review on 'Social Security Law in Small Jurisdictions' by Danny Pieters
ALT An image of the first page of a book review on 'Framing Welfare Recipients in Political Discourse: Political Farming Through Material Need Assistance' by Lenka Kissová
Mel Cousins provides a case analysis of Domenech Aradilla & Rodríguez González v Spain, and Valverde Digon v Spain, examining the often incoherent concept of 'legitimate expectations' that has been adopted by the European Court of Human Rights
ALT The image shows the first page of a case analysis of two cases: (1) Domenech Aradilla and Rodríguez González
v Spain and (2) Valverde Digon v Spain. The analysis argued that the European Court of Human Rights’ approach to the
concept of “legitimate expectation” in the field of social security has done more
to confuse rather than to clarify the law. The Court has recently considered the
concept again in two pension cases but once more the outcome has shown that the
Court is both split on its approach and lacks a coherent approach to the concept.
Our third article, by @orlaith_rice_, looks at public perceptions of the Swedish welfare state, 3 decades
after the 'Choice Revolution' introduced privatisation into the traditional Swedish model, showing evidence of positive & negative narratives surrounding the current system⤵️
ALT The image shows a title and abstract of an article on 'Perceptions of Sweden's Welfare State'/ The abstract notes that: This article critically explores perceptions of the Swedish welfare state, three
decades after the much-documented Choice Revolution fundamentally altered the
traditional model. This research examines qualitative data from focus group
interviews conducted in Sweden in 2021 and 2022. This paper investigates the
current status of folkhemmet (the people’s home) according to those who
experience it. From its peak in the decades following the Second World War to
the introduction of privatisation in the 1990s, this article will investigate if Sweden’s
welfare state is undergoing another transformation.
Our second article in this edition is by Rosie Mears & @sophiekhowes, examining the recent @CPAGUK research on #UniversalCredit and digitalisation which identifies problems with lawfulness, transparency and procedural fairness under the digital UC process ⤵️
ALT The image shows the title and abstract for an article by Mears and Howes on 'Universal Credit Implementation:
Lawfulness, Transparency and
Procedural Fairness?' The abstract notes that: 'As the UK’s first digital-by-design benefit, universal credit (UC) marks a major
change in the administration of social security. This article considers whether the
digital design and implementation of UC aligns with the social security legislation
that underpins it, and wider rule of law principles of lawfulness, transparency,
and procedural fairness. The evidence comes from Child Poverty Action Group’s
research report, “You Reap What You Code: universal credit, digitalisation and
the rule of law.” '
ALT The image shows the title and abstract of an article on 'The Northern Ireland Public Services
Ombudsman’s Report into Personal
Independence Payment and Collective
Administrative Justice (Pt 1)' by Robert Thomas. The abstract notes that: "This article evaluates
the first own-initiative investigation undertaken by a UK ombudsman—that of the
Northern Ireland Public Services Ombudsman into Personal Independence
Payments. It does so by examining the Ombudsman’s investigation, the contexts
in which it arose, its significance and the response of government to it."
In the News section, @jed_meers reviews the recent updates on artificial intelligence, the Work Capability Assessment and Universal Credit sanctions, as well as news from Committee corridor and research updates on social security and deep poverty.
ALT Image of the first page of the news section, with a headline 'DWP's artificial intelligence with a human touch'
We lead with our editorial on 'Improving Outcomes for the Sick & Disabled', looking at whether social security is deliberately designed to make people poor, even when the causes of their “dependency” on benefits relate to their health or disability ⤵️
ALT Image of the opening paragraph of an editorial article, entitled 'Improving outcomes for the sick and disabled'