SSAC highlights need for a ‘strong claimant communication strategy’ in relation to gaining claimant consent for fuel deductions from benefits

While deciding not to take amending regulations on formal reference, Committee says it will keep the Department’s policy under review to ensure it is effective and the impact on claimants is understood

The Social Security Advisory Committee (SSAC) has highlighted the need for a 'strong claimant communication strategy' in relation to gaining claimant consent for fuel deductions from benefits.

In its February 2023 meeting – the minutes of which were published yesterday – the Committee scrutinised the Social Security Benefits (Claims and Payments) (Amendment) Regulations 2023 (SI.No.232/2023) which provide that energy companies must obtain claimant consent for new or increased deductions from benefits for ongoing consumption of fuel.

NB – the Regulations revoked the Social Security Benefits (Claims and Payments) (Modification) Regulations 2022 (SI.No.428/2022) which, from 26 April 2022, introduced a temporary pause on energy suppliers being able to make requests for deductions from benefits for ongoing consumption which was due to end on 6 April 2023.

While noting that the new regulations are an improvement on the pre-April 2022 arrangement in that they ensure the claimant must give consent, SSAC raises a number of concerns including –

• how will the supplier know that the claimant can afford the deduction since they do not know what a claimant’s other obligations are;
• how the claimant's consent is obtained;
• how the Department can know whether any pressure has been applied and that the information given is reliable;
• how much opportunity the claimant has to propose what they would like to happen;
• whether it is made clear to claimants that there will be a deduction because of their consent and that they can stop it any time; and
• how the claimant can make an informed choice when they may not know how much benefit they will be receiving.

Following detailed discussion with DWP officials, the Committee decided not to take the regulations on formal reference. However, in reaching its decision, it says –

'… the Committee noted that a number of issues had been raised in discussion which merited further consideration by the Department, for example ensuring that the customer voice is heard and ensuring that a strong claimant communication strategy is in place.

The Committee would continue to keep these issues under review, engaging with the Department at key points during implementation to ensure that, for example, an appropriate communications plan has been put in place and that there is a clear analysis of what has happened (e.g. claimant patterns); and that the effectiveness of the policy, and impact on claimants, is understood.'

The minutes of the February 2023 SSAC meeting are available from gov.uk