Law in a Complex State

Complexity in the Law and Structure of Welfare

Neville Harris

• Publisher: Hart Publishing
• Year: 2013
• Print ISBN: 9781849464451
• eBook ISBN: 9781782252740
• Edition: 1
• Topic: Derecho
• Subtopic: Teoría y práctica del derecho

Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens. This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.

Table of contents

• Preliminary pages
• Preface
• Table of Contents
• List of Tables and Figures
• List of Abbreviations
• Table of Cases
• Table of Legislation
• 1. Complexity and Welfare
• I. Introduction
• II. Law and the Goals of Welfare
• III. Social Security, Fundamental Rights and the Citizen
• IV. The Problem of Complexity
• V. The Policy Context: Simplifying Welfare
• VI. Analysing Complexity
• VII. Conclusion
• 2. The Design, Structure and Management of the Welfare System
• I. Introduction
• II. Design
• III. ‘Extrinsic Complexity’
• IV. Management of Welfare
• V. Conclusion
• 3. Rules and the Measurement of Complexity
• I. Introduction
• II. Complex Rules
• III. Measuring Complexity?
• IV. Conclusion
• 4. Claims and Their Administration
• I. Introduction
• II. Take-Up and Claims
• III. Administration of Claims
• IV. Conclusion
• 5. Challenges to Decisions
• I. Introduction
• II. Revision and Supersession
• III. Alternative Dispute Resolution?
• IV. Appeals in the First-tier Tribunal
• V. The Upper Tribunal and Beyond
• 6. Obligations of Benefit Recipients
• I. Introduction
• II. The Relationship between a Benefit Recipient and the State
• III. Managing the Relationship: Incapacity for Work
• IV. Conclusion
• 7. Welfare Complexity in the International Context
• I. Introduction
• II. ‘A Maze of Provisions . . .’: Social Security Law and Welfare Provision in Australia
• III. New Zealand’s Major Welfare Reform Programme
• IV. Germany: The Sozialgesetzbuch
• V. Sweden: Codifying Social Insurance Law and Reforming Sickness Benefits
• VI. Simplification Tendencies Elsewhere
• VII. Conclusion
• 8. Conclusion: The Complex State of Welfare
• I. Defending Complexity
• II. Trade-Offs
• III. Basic Income?
• IV. The Claimant
• V. The Law and Its Role
• VI. Danger Ahead?
• Index