Debt by Design: Universal Credit, Deductions and Administrative Justice

Project overview
In the UK, the Department of Work and Pensions (DWP) may reclaim a claimant's debt
through a 'deductions' scheme. Debt can be incurred for a number of reasons, such as
overpayment by the DWP, or falling behind on money owed to third parties (e.g. fuel bills,
rent or council tax). Under the 'deductions' scheme, weekly Universal Credit payments may
be reduced by up to 25% of the standard allowance. Here, claimants' income may fall below
subsistence levels, creating a profound impact on their day-to-day lives.Indeed, the UK's
largest food bank operator found that nearly half of those referred to food banks are in debt
to the DWP (Trussel Trust, 2022).

Whilst also somewhat politically problematic, there is also anecdotal evidence that the DWP
decision-making falls below the standards of lawful administration. As such, the deductions
scheme engages with questions of 'administrative justice': whether governmental agencies
are lawfully implementing the law. Accordingly, this research project will examine both the
lived experiences of DWP debt and critically assess deductions practices through the lens of
administrative justice. In collaboration with legal NGO,. the Public Law Project, it will use this
analysis to critically assess DWP decision-making practices around deductions and to
ground policy advocacy work and effect change.
Therefore, this project fits within the Security, Conflict and Justice pathway. It addresses the
pathway's focus on the challenge of social deprivation. More generally, it engages squarely
with questions of justice, focusing specifically on the administrative justice of deductions
decision-making. 'Administrative justice' concerns both the legal requirements of government
administration, and the means by which injustice can be legally challenged. This project thus
connects injustice and conflict, aiming to reduce both.

Research Methods

The research project will comprise four main elements. First, it will undertake legal analysis
of the deductions scheme; this involves a doctrinal analysis of the relevant legislation, case
law, and applying human rights law to deductions outcomes. Second, it will undertake
semi-structured interviews with welfare benefits advisers, to understand common problems
in decision-making, how advisers respond to these, and what administrative justice issues
may arise. Access to such participants will be negotiated via the project partner, the Public
Law Project. Third, it will undertake interviews with claimants who have experienced
deductions, to understand: the circumstances leading up to the deduction; their experiences

of the process; and, the impact of the deductions on their ongoing welfare.Fourth, with the
assistance of the Public Law Project, the researcher will interrogate their analysis for the
purposes of policy advocacy.
Qualitative fieldwork raises a number of ethical issues. First, informed consent; participants
must fully understand the research aims, what participation entails, and their ability to
withdraw at any point. Second, when researching claimants, some participants may be
vulnerable. Accordingly, care must be taken to anticipate and minimise the possibility that
discussing their circumstances may cause upset. Third, the issue of confidentiality is vital.
FInally, there is the issue of data management and security. No fieldwork will take place until
appropriate ethical clearance has been given by the University's ethics committee.