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Forum Home  →  Discussion  →  Conditionality and sanctions  →  Thread

Work search requirements and Administrative Earnings Threshold

Dani Ahrens
forum member

Welfare Rights Team, Brighton Unemployed Centre Families Project

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Total Posts: 16

Joined: 7 September 2017

Can I check I have understood this correctly?

Universal Credit regulation 99(1) says:
“(1) Where paragraph (3), (4), (5) or (6) applies—

(a)the Secretary of State must not impose a work search requirement on a claimant; and

(b)“able and willing immediately to take up work” under a work availability requirement means able and willing to take up paid work, or attend an interview, immediately once the circumstances set out in paragraph (3), (4), (5) or (6) no longer apply.”

and paragraph 99(6) says:
“(6) This paragraph applies where the claimant has monthly earnings or, if the claimant is a member of a couple, the couple has combined monthly earnings (excluding in either case any that are not employed earnings) that are equal to, or more than, the following amount multiplied by 52 and divided by 12—

(a)in the case of a single claimant, £5 plus the applicable amount of the personal allowance in a jobseeker’s allowance for a single person aged 25 or over (as set out in Part 1 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996); or

(b)in the case of claimant who is a member of a couple, £10 plus the applicable amount of the personal allowance in a jobseeker’s allowance for a couple where both members are aged 18 or over (as set out in that Part).”

So anyone who is working and earning over £78.10 a week (or £125 a week for a couple) cannot be subjected to any work search requirements, unless they are part of a pilot scheme to test out in-work conditionality. That’s about 10 hours at minimum wage.

The regulations were amended to the wording above in February 2015, and the pilot schemes were extended for a further year in February 2018. (see https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/681688/adm6-18.pdf)

This is very different to what people are being told by their work coaches and by sources online (eg https://www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit), but it seems to be pretty clear in the regulations.

Universal Credit has only recently been rolled out in our area, so I’m sorry if this is old news to all of you, but it was a bit of a surprise to me to realise this.