Social Security Legislation 2022/23 Volume II: Universal Credit, State Pension Credit and The Social Fund

Universal Credit, State Pension Credit and the Social Fund is Volume II of the restructured series Social Security Legislation 2022/23.

Universal credit has now become the default means-tested working-age benefit for new claims in the social security system. It is practically impossible to make a new claim for any of the so-called “legacy” working-age means-tested benefits replaced by universal credit. Numbers of recipients as a result of such claims remain significantly higher than they were before the onset of the Covid-19 pandemic and the process of transfer of existing recipients of legacy benefits to universal credit at the behest of the Department (“managed migration”) has re-started with the aim of completion by the end of 2024.

Thus, universal credit has taken the central place in the volume of this series dealing with means-tested benefits. Volume II covers not only universal credit, but also state pension credit as the means-tested benefit available to those over pension age and social fund provisions for maternity and funeral expenses and for cold weather payments, plus associated rules on persons subject to immigration control.

No new edition of Volume V has been published this year (2022), as only about 1.5 million households remain in receipt of income support and old style ESA and JSA, with numbers to fall as managed migration to universal credit takes effect. So a Cumulative Supplement in this book incorporates both the updating to Volume V in the 2021/22 Supplement and subsequent amendments up to April 11, 2022.

As with all the volumes in the series, Volume II provides the relevant legislative text, clearly showing the form and date of amendments, up to date to April 11, 2022, with detailed explanatory commentary, including reference to all relevant decisions of the courts, the Upper Tribunal and the former Social Security Commissioners. The authoritative and comprehensive analysis of many important topics and decisions has been further expanded in this edition.

Apart from routine amendments and new decisions, issues covered include:

• The effect of regulations restoring the operation of the minimum income floor and amending the “permitted period” rule in universal credit.
• Mention of recent decisions, such as Pantellerisco [2021] EWCA Civ 1454 (attribution of salary paid four-weekly to assessment periods and benefit cap) and TP (No.3) [2022] EWHC 123 (Admin) (transitional protection of enhanced disability premium on “natural migration” to universal credit).

The editorial team has brought together its academic and practical expertise and knowledge of social security law to produce a guide that will be essential for tribunal judges, members and staff, barristers, solicitors, welfare rights advisers and students.