A/HRC/41/39/Add.1
families to pay for childcare up front and then seek reimbursement, meaning families may
have to go into debt to take a job.67
B.
Conditionality underpinned by punitive sanctions
55.
One of the key features of UC involves the imposition of strict conditions enforced
by draconian sanctions for even minor infringements. As the system grows older, some
penalties will last years. The Special Rapporteur reviewed seemingly endless evidence
illustrating the harsh and arbitrary nature of some sanctions, as well as the devastating
effects of losing access to benefits for weeks or months at a time.
56.
Many detailed studies give substance to the dire consequences for vulnerable
claimants who are sanctioned. 68 A recent book characterized the sanctions as cruel,
inhuman and degrading, 69 and the Committee on the Rights of Persons with Disabilities
found “evidence of grave and systematic violation of the rights of persons with disabilities”,
partly on the basis of the sanctions regime.
57.
Departmental and ministerial insistence notwithstanding, there is no clear evidence
that blunt and harsh sanctions actually help claimants move closer to work. A recent Work
and Pensions Select Committee report referred to the evidence as “patchy” and called the
Government’s failure to evaluate changes to the sanctions regime “unacceptable”. 70 The
Special Rapporteur spoke with claimants who felt forced to jump through bureaucratic
hoops, fill out pointless job applications for positions that did not match their qualifications
and take inappropriate temporary work just to avoid debilitating sanctions.
58.
A deficiency in sanctions data makes it difficult to assess the regime. What is clear
from those with whom the Special Rapporteur has spoken is that sanctions succeed in
instilling a fear and loathing of the system.
C.
Universal Credit and the digital welfare State
59.
UC was the first major United Kingdom government service to be made “digital by
default”, thus putting some of the most vulnerable first in line for what amounts to a
nationwide digital experiment.71 Benefit claims are made online and the claimant interacts
with authorities primarily through an online portal. The British welfare state is gradually
disappearing behind a webpage and an algorithm, with significant implications for those
living in poverty.
60.
The prevailing belief within the Department for Work and Pensions has been that the
overwhelming majority of UC claimants are online, digitally skilled and confident enough
to claim and maintain benefits digitally. 72 In reality, UC has built a digital barrier that
67
68
69
70
71
72
House of Commons Work and Pensions Committee, “Universal Credit: childcare”. Twenty-second
Report of Session 2017–2019, 23 December 2018, p. 8.
See, for example, Welfare Conditionality project, “Final findings”, May 2018; Peter Dwyer, “Punitive
and ineffective: benefit sanctions within social security”, Journal of Social Security Law, vol. 25, No.
3 (October 2018); Lisa Scullion and others, “Sanctions, support and service leavers”, April 2018; and
Rachel Loopstra and others, “Impact of Welfare Benefit sanctioning on food insecurity: a dynamic
cross-area study of food bank usage in the UK”, Journal of Social Policy, vol. 47, No. 3 (July 2018),
pp. 437–457.
Michael Adler, Cruel, Inhuman or Degrading Treatment? Benefit Sanctions in the UK (Palgrave
Pivot, 2018).
House of Commons Work and Pensions Committee, “Benefit sanctions”. Nineteenth Report of
Session 2017–2019, p. 3.
United Kingdom Government, Government Transformation Strategy, 9 February 2017, p. 4.
Department for Work and Pensions, Universal Credit: Welfare that Works, November 2010.
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