Page 52 - Reforming Benefits Decision-Making -(updated - August 2021)

2.58 We are pleased to hear that the DWP is working on ways to aggregate data on
claimant vulnerabilities and support needs, 133 and has assured the SSAC that
action on its 2019 recommendation to prioritise data collection and analysis
on the application of discretion (and easements) is being undertaken.
134
Claimant commitments and easements

2.59 As sanctions are imposed for failing to comply with the claimant
commitment, without good reason, the setting of the claimant commitment is
an integral part of the sanctions regime. The claimant commitment is meant to
be tailored to individuals’ circumstances. Under the Equality Act 2010, work
coaches are also under an obligation to make reasonable adjustments for those
with disabilities. However, the DWP’s UC Full Service Survey found that
135
only 54 per cent of UC claimants believed that their claimant commitment
took their personal circumstances into account and only 63 per cent felt it was
achievable. This is echoed by the SSAC which found that some coaches are
136
not applying discretion fairly and systematically, leading to commitments that
are not truly tailored to a claimant’s needs and circumstances. These findings
are underlined by the Work and Pensions Select Committee which has found
that claimant commitments result in unachievable commitments, in particular
for vulnerable groups with complex circumstances, such as those who are
homeless, single parents and suffering from health conditions. 137 This also
indicates that work coaches are not always complying with their positive
duties under the Equality Act to make reasonable adjustments for those with
138
disabilities. Further, under UC, receipt of first payment is conditional upon

133 P. Schofield, ‘Work and Pensions Committee Oral evidence: DWP's response to the coronavirus
outbreak, HC 178’ (February 2021), Q430.
134 SSAC, A review of the Covid-19 temporary measures (see n.12 above) p.15.
135 The Equality Act 2010 does not apply in Northern Ireland, however, the duty to make reasonable
adjustments exists under the Disability Discrimination Act 1995.
136 Government Social Research and the DWP, Universal Credit Full Service Survey (see n. 8 above)
p.40.
137 Work and Pensions Committee, Benefits Sanctions (see n. 11 above) pp. 43-44.
138 This is echoed by the NAO which found that work coaches lack confidence applying processes
flexibly and making reasonable adjustments NAO, Supporting disabled people to work (see n. 129
above) p.63.

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