Domestic Violence, Universal Credit and Work Related Requirements

October 19, 2022

Author: Karen Dunn, Changing Futures Welfare Benefit Team, Citizens Advice Staffordshire North & Stoke on Trent

Note: For DWP purposes, “domestic violence” means abuse of a kind specified in ‘Responding to domestic abuse: a handbook for health professionals’ Domestic abuse: a resource for health professionals – GOV.UK (www.gov.uk) This resource uses the terms ‘domestic abuse’ and ‘domestic violence’ interchangeably in all cases.

UC and the Claimant Commitment

If you have claimed Universal Credit (UC) you must accept a ‘claimant commitment’ to qualify. A claimant commitment is a record of your responsibilities. Within that claimant commitment there will be work related requirements (WRRs) to help you find work or get ready for work. If you fail to accept a claimant commitment you will not be entitled to UC.

It’s important that your work coach understands the relevant details of your situation because the claimant commitment must include the WRRs you must meet; and any other information the DWP thinks is appropriate to include.

You must accept the latest version of your claimant commitment using a specified method; either online, by telephone, or in writing. A common example is that even if you’ve attended a commitment meeting with your work coach you are required to accept your claimant commitment using your online journal. Be careful to check if there’s a time limit attached to this.

If you’re not happy with your claimant commitment you may be able to get it reviewed. Your claimant commitment can be reviewed and updated at any time by the DWP, usually when there has been a change in your circumstances; or you can ask for it to be looked again.

Note: If you refuse to accept your claimant commitment you should be offered up to 7 days in which to reconsider so that your claim is not ‘closed’. If this does happen, then it’s a decision about your entitlement to UC and you have a right to ask for a mandatory reconsideration and appeal. You will have only one calendar month from the date of the decision in which to do this. You should seek specialist advice from your local Citizens Advice office or Law Centre.

Work Related Requirements as part of the claimant commitment

There are four sets of requirements which will depend on your circumstances. Unless certain circumstances are applicable to you then it will be mandatory that you meet all the four work-related requirements.

Work focused interview requirement (you will need to take part in one or more work-focused interviews)
Work preparation requirement (you will need to take action to improve your chances of getting work)
Work search requirement (you will need to show that you have taken reasonable action and, ‘any particular action’ specified by the DWP, to obtain work)
Work availability requirement (that you are available for work and, willing and able to take up work or attend a job interview immediately)

Work Related Requirements and ‘Domestic Violence’ (Domestic Abuse)

There are however some circumstances when none of the WRRs apply, one of which is “domestic violence”, subject to certain conditions.

You don’t have to meet any of the WRRs if:

You have notified the DWP that you have suffered or have been threatened with domestic violence by your partner or a family member within the last 6 months.
You must not be living with the person who has been violent toward you or threatened violence; and
within one month of notifying the DWP, you provide evidence from someone acting in an official capacity, i.e., a healthcare professional, a police officer, a registered social worker, your employer, a trade union representative, or any public, voluntary or charitable body which has direct contact with you in connection with domestic violence.

Exemption from the WRRs in cases of domestic violence applies for 13 consecutive weeks from the date you notified the DWP. If you were already in receipt of UC and subject to work related requirements, then no new work-related requirement can be imposed for this period.

If, but for the domestic violence rules, you would have to meet all the WRRs and you’re the responsible carer of a child under 16, no work availability or work search requirements can be imposed for a further 13 consecutive weeks, i.e., for 26 weeks in total. However, you may still be expected to attend work focused interviews and/or engage in work preparation after the first 13 weeks.

Note: Even if you don’t have to meet any WRRs, your claimant commitment includes your other responsibilities such as the need to report any changes in your circumstances.

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Example 1

Sarah is 37 and has two children aged 1 and 3 years with her husband. Her husband has been physically and mentally abusing her for several years. The police have a record of instances over the last 12 months where they have been called out to her home due to domestic violence. After neighbours reported a violent incident to the police, she was supported to leave the marital home and moved into a Women’s Aid refuge on the 14th March with her two children. Her only income is the child benefit she receives every 4 weeks.

On 17th March she is helped by her specialist support worker to make a new claim for UC. The following day she attended an interview with her work coach and notified them of the situation. On 10th April she gives her work coach a letter from her Women’s Aid worker, her IDVA, and her GP demonstrating that she has been suffering from domestic violence for more than the last 6 months.

Sarah should be considered exempt from all WRRs for at least 13 consecutive weeks because she notified the DWP that she has been suffering from domestic violence by her husband within the last 6 months. She is not living with him, and within one month of telling her work coach about her situation, that is no later than 18th April, she has provided evidence from 3 people acting in a professional capacity, i.e., her specialist support worker, her IDVA, and her GP. She may also qualify for the additional 13 weeks exemption from having to meet the work availability or work search requirements because she is the responsible carer of a child under 16.

Example 2

Peko is 25. He was supported to move into temporary accommodation on 23rd September after being made homeless due to domestic violence from his abusive partner. They had been living together for about 8 months during which time he was continually subjected to physical and sexual abuse. He was hospitalised on 2nd June due to the serious nature of the injuries his partner had inflicted on him. The police were involved but he didn’t want to press charges. Peko ran away from his partner on 4th September after an incident that made him fear for his life, and prior to his current accommodation he had been sleeping rough. With the help of his homelessness support worker, he has reported the assault to the police and seen his GP. He has also been referred to a Domestic Abuse specialist service.

He had no income so was supported to make a new claim for UC on 21st September. On 17th October he gave his work coach a letter from his GP which included the information from the hospital, and a copy of the report to the police.

Peko should be considered exempt from all WRRs for at least 13 consecutive weeks because he notified the DWP that he has been suffering from domestic violence by his partner within the last 6 months. He’s no longer living with him and within one month of telling his work coach about his situation he has provided evidence from his GP and the police.

He has no children so he would not qualify for the additional 13 weeks exemption from having to meet the work availability or work search requirements.

Example 3

Hazel is 51. She suffered emotional abuse from her partner for almost 22years being subjected to daily emotional abuse, and sometimes he would physically assault her. She was never allowed an income in her own right. They have no children. She never reported the abuse to the police, her GP or anyone in any official capacity but she did have one friend who suspected she may be a victim of DV. When Hazel was physically assaulted, she usually managed to hide her injuries or didn’t go out anywhere until they could be convincingly disguised.

With the help of her friend, she left her partner on 3rd January and went to live with her friend at her home 30 miles away. Her friend helped her to make a new claim for UC on 11th January.

Hazel didn’t want anyone else to know about the DV, so she didn’t tell her work coach. This meant that she had to meet all the WRRs in her claimant commitment or she wouldn’t get any UC. However, it soon became clear that she was unable to do this because of poor mental health. Her friend helped her to ask for a review of her commitment and on 16th February the work coach was informed of the DV, Hazel then had one month, that is no later than 16th March to provide evidence of this. Unfortunately, she had no one in any official capacity that could evidence the DV and as a result she was not exempt from having to meet all the WRRs. However, if she could get a sick note from her GP stating that she was not fit for work due to a mental (and/or physical) impairment, though all of the WRRs would apply they may be limited. The limitation must be reasonable in the light of her impairment.

Universal Credit Regulations 2013, Regulation 98 The Universal Credit Regulations 2013 (legislation.gov.uk)

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Max Gibson

Author

Domestic Violence, Universal Credit and Work Related Requirements

UC and the Claimant Commitment

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Work Related Requirements and ‘Domestic Violence’ (Domestic Abuse)

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Example 2

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