Koldo Casla, University of Essex
The right to social security is enshrined in several international agreements on human rights. But the UK’s system – even before the disability benefits cuts announced earlier this year – falls way below these standards.
For a new report published today, Amnesty International asked my colleague Lyle Barker and me to review the evidence about the state of the UK’s social security in relation to international human rights law.
The UK has signed and ratified a number of international agreements on human rights. One of these is the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), which lays out the right to social security. An accompanying document defines the three key principles of this right as:
- Availability A social security system established in law, administered publicly, and materially reachable by those who need it.
- Adequacy Benefits must be suitable, both in amount and in duration, to realise essential socioeconomic rights.
- Accessibility Everyone should be covered by the social security system, paying particular attention to disadvantaged and marginalised individuals and groups.
The conclusion of our study for Amnesty International is crystal clear: even disregarding the cuts announced in March, the UK’s social security system does not meet these standards.
Availability
Our review of the literature shows a widespread underclaiming of benefits. It has been estimated that in 2024, £22.7 billion in income-related benefits went unclaimed, a £4 billion increase from the previous year.
Gaps in official data hinder a clear understanding of why many people are missing out on the support they are entitled to. But qualitative evidence suggests this is largely due to fear, stigma, bureaucratic and digital hurdles, and eligibility cliff edges for means-tested benefits.
In recent years, the UK government has adopted a contentious and punitive stance toward benefit recipients. Media and political rhetoric have portrayed those who claim benefits as idle or undeserving scroungers.
This stigma harms the mental health and self-esteem of people experiencing poverty. It can result in shame and secrecy, and create barriers to people accessing support they are entitled to.
Our research for Amnesty International concludes that UK claimants do not get enough information and support about their rights to benefits. Combined with the stigma of claiming, the UK is falling far short of making benefits “available” in line with international standards.
Adequacy
Since the austerity policies of the 2010s, the UK’s social security system has become significantly less adequate in supporting vulnerable people and families. The basic rate of universal credit (the main benefit for working-age people on a low income) is at 40-year low in real terms amid a cost of living crisis.
Restrictive policies, such as the benefit cap (introduced in 2013 to set a maximum limit to the total benefits received by a household) and the two-child limit have curtailed access to essential benefits. Although inflation adjustments in the last two years provided some relief, many benefits still fail to keep up with rising living costs.
The two-child limit is the cruellest expression of the inadequacy of the UK’s social security system. Introduced by the Conservative government in 2017, the two-child limit restricts financial support through universal credit to two children. It is likely to be the most significant single cause of child poverty in the UK, including in families where adults work but do not earn enough to make ends meet.
When Labour returned to power, there was much speculation about whether they would reverse the two-child limit. But despite pleas from experts and people with direct experience, the government has persisted in retaining it.
Accessibility
Our study lays out the many barriers to accessibility in the UK’s system. For example, the bureaucratic hurdles in the assessment process, and the disproportionate impact of punitive sanctions on lone mothers and on minority ethnic claimants.
The UK operates a benefits sanction regime, which imposes penalties on claimants who fail to meet certain conditions. These include attending jobcentre appointments or accepting job offers. In general, sanctions and the fear of sanctions erode the trust between benefit claimants and the social security system.
As it did in its previous review in 2016, in February the UN Committee on Economic, Social and Cultural Rights recommended that the UK review the use of benefit sanctions to ensure they are used proportionately and are subject to prompt and independent dispute resolution mechanisms.
Another accessibility concern is the shift to a digital-by-default system in the 2010s. While intended to make accessing benefits more efficient, it has become an administrative barrier.
Many people, particularly the elderly and others who are less digitally literate, struggle to navigate the benefits system. It excludes people without reliable internet access, underscoring a digital divide that prevents meaningful access to social security.
Meeting standards
Given the evidence, it is no surprise that earlier this year, the UN Committee on Economic, Social and Cultural Rights urged the UK government to assess the cumulative effects of the austerity measures introduced in the 2010s.
In particular, the committee recommended reversing the two-child limit, the benefit cap and the five-week delay for the first universal credit payment, and increasing the budget allocated to social security. These recommendations were made before the changes announced in the spring statement.
To live up to the internationally recognised right to social security, the UK should recognise in law, policy and practice that social security is a human right. And, that it is essential to the fulfilment of other human rights.
Amnesty International recommends the government set up a commission with statutory powers, to produce a strategy for “wholesale reform” of the social security system. The UK must establish a minimum support level and an essentials guarantee, to ensure beneficiaries can consistently meet their basic needs. A good way to start would be abolishing the two-child limit once and for all.
Koldo Casla, Senior Lecturer, Essex Law School, University of Essex
This article is republished from The Conversation under a Creative Commons license. Read the original article.
