The UK has a very complex system of interrelated, rule-based social security benefits and tax credits which are highly conditional and targeted. The conditions of entitlement and provision for the assessment of need have been bound up in an intricate legal framework. Rules have enabled governments to adapt and develop schemes to meet social needs while controlling the delivery of welfare from the centre, but the system, its components and its legal framework have evolved into a state of such complexity that some of the core aims of welfare and its management in the modern state are being undermined. Focussing on Great Britain,1 this article explains the causes of this complexity and discusses its impact. It also assesses the practicability of significant simplification, for which there are increasingly urgent calls.
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References
1.
AdlerM. (2001), ‘Substantive Justice and Procedural Fairness in Social Security: The UK Experience’, in RobsonP.KjønstadA. (eds.), Poverty and the Law, Oxford, Hart.
2.
AdlerM. (2003), ‘A Socio-Legal Approach to Administrative Justice’, Law and Policy, 25(4), 323–352.
3.
AdlerM. (2004), ‘Combining welfare-to-work measures with tax credits: A new hybrid approach to social security in the United Kingdom’, International Social Security Review57(2), 87–106.
4.
BatesF. (1997), ‘Social Security Law and Children with Disabilities: Change and Decay in Australian Statute Law’, Statute Law Review18(3), 215–234.
5.
Benefit Simplification Unit (2006), Simplification: Guide to Best Practice, London, DWP.
6.
BerthoudR. (1986), Selective Social Security, London, Policy Studies Institute.
7.
BerthoudR. (1987), ‘New Means Tests for Old: The Fowler plan for social security’, in BrentonM.UngersonC. (eds.), Yearbook of Social Policy 1986–87, London, Longmans.
8.
Better Regulation Task Force (2005), Regulation – Less is More: Reducing Burdens, Improving Outcomes, London, Better Regulation Task Force.
9.
BettM. (1994), ‘The Role of the Social Security Advisory Committee’, Journal of Social Security Law, 1(2), 105–109.
10.
BeveridgeW. H. (1942), Social Insurance and Allied Services Cmnd 217, London, HMSO.
11.
BlairT. (1998), ‘Foreword and Introduction’, in Secretary of State for Social Security, New Ambitions for Our Country – A New Contract for Welfare Cm 3805, London, The Stationery Office.
12.
BonnerD.HookerI.WhiteR. (2005), Social Security Legislation 2005, Vol. 1: Non Means Tested Benefits, London, Sweet and Maxwell.
13.
BuckT. (2000), The Social Fund: Law and Practice2nd ed., London, Sweet and Maxwell.
14.
BuckT. (2005), ‘Evaluating the Commissioners’, Journal of Social Security Law12(4), 156–175, p. 171.
15.
BuckT.BonnerD.SainsburyR. (2005), Making Social Security Law, Aldershot, Ashgate.
16.
Cabinet Office (2005), Better Regulation Executive, A Bill for Better Regulation: Consultation Document, London, Cabinet Office.
17.
Comptroller and Auditor General (2002), Tackling Pensioner Poverty: Encouraging Take-up of Entitlements, HC 37, London, The Stationery Office.
18.
Comptroller and Auditor General (2005a), Department for Work and Pensions: Dealing with the complexity of the benefits system, HC 592, London, Stationery Office.
19.
Comptroller and Auditor General (2005b), Helping those in Financial Hardship: The Running of the Social Fund, HC 179, London, National Audit Office.
20.
CordenA. (1995), Changing Perspectives on Benefit Take-up, London, HMSO.
21.
CostiganP. (1999), Overcoming Barriers: Older People and Income Support, Department for Social Security Research Report 100, Leeds, Corporate Document Services.
22.
CPAG (2006), Memorandum Submitted by the Child Poverty Action Group, House of Commons Committee of Public Accounts, 36th Report of Session 2005–06, Tackling the complexity of the benefits system, HC 765, London, The Stationery Office.
23.
DeanH. (1993), ‘Social security: The income maintenance business’, in Taylor-GoobyP.LawsonR. (eds.), Markets and Managers: New Issues in the Delivery of Welfare, Buckingham, Open University Press.
24.
Department for Work and Pensions (2002a), Building Choice and Responsibility: A radical agenda for housing benefit, London, Department for Work and Pensions.
25.
Department for Work and Pensions (2002b), Simplicity, Security and Choice: Working and saving for retirement, London, Department for Work and Pensions.
26.
Department for Work and Pensions (2003), Standard Local Housing Allowances. Memorandum for Social Security Advisory Committee meeting on 7 May 2003, London, Department for Work and Pensions.
27.
Department for Work and Pensions (2004), Explanatory Memorandum to the Social Security Advisory Committee on The Social Security (Habitual Residence) Amendment Regulations 2004, London, Department for Work and Pensions.
28.
Department for Work and Pensions (2005a), Annual Report by the Secretary of State for Work and Pensions on the Social Fund 2004/2005, Cm 6595, London, The Stationery Office.
29.
Department for Work and Pensions (2005b), Five Year Strategy. Opportunity and Security Throughout Life, Cm 6447, London, The Stationery Office.
30.
Department for Work and Pensions (2006), A New Deal for Welfare: Empowering people to Work, Cm 6730, London, The Stationery Office.
31.
DHSS Review Team (1978), Social Assistance: A Review of the Supplementary Benefit Scheme in Great Britain, London, DHSS.
32.
EardleyT. (1996), Social Assistance in OECD Countries: Synthesis Report Department of Social Security Research Report No. 46, London, HMSO.
33.
ElamG. (1998), Getting the Message Across, DSS Research Report No. 85, Leeds, Corporate Document Services.
34.
HarkerL. (1996), A Secure Future? Social security and the family in a changing world, London, Child Poverty Action Group.
35.
HarrisN. (1989), Social Security for Young People, Aldershot, Avebury.
36.
HarrisN. (1996), ‘Social Security and Unmarried Couples in Great Britain’Journal of Social Welfare and Family Law18(2), 123–146.
37.
HarrisN. (2000), Social Security Law in Context, Oxford, Oxford University Press.
38.
HillsJ.DitchJ.GlennesterH. (eds.) (1994), Beveridge and Social Security: An International Retrospective, Oxford, Clarendon Press.
39.
House of Commons Committee of Public Accounts (2004a), 26th report, Session 2003–04, Difficult Forms: How Government Departments Interact with Citizens HC 255, London, The Stationery Office.
40.
House of Commons Committee of Public Accounts (2004b), 12th Report, Session 2003–04, Getting it Right. Putting it Right. Improving the quality of benefit decisions and reporting on performance, London, The Stationery Office.
41.
House of Commons Committee of Public Accounts (2006a), 4th Report, Session 2005–06, Fraud and Error in Benefit Expenditure, HC 411, London, The Stationery Office.
42.
House of Commons Committee of Public Accounts (2006b), 36th Report of Session 2005–06, Tackling the complexity of the benefits system, HC 765, London, The Stationery Office.
43.
House of Commons Work and Pensions Committee (2002), 2nd Report, Session 2001–02, Pension Credit, Vol. 1, HC 638-I, London, The Stationery Office.
44.
House of Commons Work and Pensions Committee (2005), 3rd Report, Session 2004–05, Pension Credit, Vol. 1, HC 43-I, London, The Stationery Office.
45.
HowarthP. (2005), ‘Dealing with complexity’, Benefits, 13(1), 16–20.
46.
JorensY.SchulteB. (2001), ‘The Implementation of Regulation 1408/71 in the Member States of the European Union?’, European Journal of Social Security, 3(3), 237–255.
47.
KempP. A. (2000), ‘The role and design of income-related housing allowances’, International Social Security Review, 53(3), 43–57.
48.
KvistJ. (1998), ‘Complexities in assessing unemployment benefits and policies’, International Social Security Review, 51(4), 33–55.
49.
LaneK.WheatleyJ. (2005), Money with Your Name on it? CAB Clients' Experience of Tax Credits, London: Citizens' Advice.
50.
LeeN. (2003), ‘The New Tax Credits’, Journal of Social Security Law, 10, 7–51.
51.
LonsdaleJ. (2004), ‘Dealing with the complexity of benefit regulations,’Benefits, 40, 135–136.
52.
MabbettD. (2003), ‘Why have disability categories in social security?’Benefits, 38, 11(3), 163–168.
53.
MabbettD. (2005), ‘Some are More Equal Than Others: Definitions of Disability in Social Policy and Discrimination Law in Europe’, Journal of Social Policy, 43(2), 215–233.
54.
MarshallT. H. (1950), ‘Citizenship and Social Class’, reprinted in MarshallT.H.BottomoreT., Citizenship and Social Class (1992), London, Pluto.
55.
MashawJ. L. (1983), Bureaucratic Justice: Managing Social Security Disability Claims, New Haven, Yale University Press.
56.
MicklethwaitR. M.Sir (1976), The National Insurance Commissioners, London, Stevens.
57.
MillarJ. (2005), ‘Simplification, modernisation and social security’, Benefits, 13(1), 10–15.
58.
National Consumer Council (1977), The Fourth Right of Citizenship, London, National Consumer Council.
59.
OgusA. (1998), ‘SSAC as an independent advisory body: Its role and influence on policymaking’, Journal of Social Security Law, 5(4), 156–174.
60.
OgusA. (1999), ‘Transitional protection is not just a technical problem’, Journal of Social Security Law, 6(3), 111–123.
61.
O'NeillA. (1994), ‘Plain English and the 1991 Social Security Act’, in DisneyJ. (ed), Current Issues in Social Security Law, Canberra, Centre for International and Public Law, Australian National University, 151–164.
62.
Parliamentary and Health Service Ombudsman (2005), Tax Credits: Putting Things Right, HC 124, London, The Stationery Office.
63.
Pensions Commission (2005), 2nd Report: A New Pension Settlement for the Twenty-First Century, London.
64.
PettingrewN.ThomasA. (2002), Housing Benefit Simplification in the Private Rented Sector, London, Department for Work and Pensions.
65.
PietersD. (2002), Systems of the Member States of the European Union, Antwerp, Intersentia.
66.
PietersD. (2003), The Social Security Systems of the States applying for Membership of the European Union, Antwerp, Intersentia.
67.
SainsburyR. (1992), ‘Administrative Justice: Discretion and Procedure in Social Security Decision Making’, in HawkinsK. (ed.), The Uses of DiscretionOxford, Clarendon Press, 295–329.
68.
SchulteB. (2002), Social Rights under International and National Law: Access to Social Security – A Discussion Paper for the ISSA, Geneva, ISSA.
69.
Social Exclusion Unit (2004), Mental Health and Social Exclusion, London, Office of the Deputy Prime Minister.
70.
Social Security Advisory Committee (1985), 4th Report, 1985, London, The Stationery Office.
