Minimum Income Floor - suspended (or not)

Reference the miscellaneous UC amendments referenced here https://www.rightsnet.org.uk/welfare-rights/news/item/miscellaneous-changes-to-social-security-in-response-to-the-coronavirus-covid-19-outbreak

The Social Security (Coronavirus) (Further Measures) Regulations 2020

“Universal credit – minimum income floor

2.—(1) The Secretary of State may, where it appears expedient as a consequence of the outbreak of coronavirus disease, and in such cases or class of case, or for such period, as the Secretary of State determines—

(a)treat the amount of the individual threshold or the couple threshold in regulation 62 (minimum income floor) of the Universal Credit Regulations(7) as if it were a lesser amount (including zero);

(b)where it falls to be determined whether a claimant is in gainful self-employment, delay that determination;

(c)where it has been determined that a claimant is in gainful self-employment, treat that claimant as not being in gainful self-employment;

(d)where a claimant is in a start-up period, extend that period for as long as the Secretary of State considers appropriate; or

(e)in relation to any claimant who would otherwise fall within section 22 of the Welfare Reform Act 2012 (all work-related requirements) as a result of this regulation, except that claimant from a work search requirement or a work availability requirement.”

My question is this. Headlines reported in the news etc have indicated that the MIF has been suspended implying that all self employed UC claimants would benefit from this. I don’t read the regulation as saying that. It looks to me as if this is a discretionary suspension on a case by case basis. Would be interested in how others see it.

I note also that in his original announcement the Chancellor said “And I’m strengthening the safety net for self-employed people too, by suspending the minimum income floor for everyone affected by the economic impacts of coronavirus.” https://www.gov.uk/government/speeches/the-chancellor-rishi-sunak-provides-an-updated-statement-on-coronavirus. Note the phrase ” everyone affected”.

If I am right it’s logical because many businesses will not be suffering as a result of coronavirus (although many of these may not be subject to MIF anyway). However it will create more work for the DWP Decision makers.

You’re right that the “Further Measures” regs don’t go as far as suspending the MIF for all claimants - they just give the SoS power to do so where it “appears expedient”.

However, the government has committed to suspending UC MIF from 6 April for all UC claimants for the duration - 

“From 6 April the requirements of the Minimum Income Floor will be temporarily relaxed. This change will apply to all Universal Credit claimants and will last for the duration of the outbreak. New claimants will not need to attend the jobcentre to demonstrate gainful self-employment.”

from: https://www.understandinguniversalcredit.gov.uk/coronavirus/