State benefits for strikers

Although strikers are mostly excluded from claiming state benefits, they should be able to continue to receive Working Tax Credit and Child Tax Credit. However, in June 2012, the Department of Work and Pensions announced that once the Universal Credit (UC) benefit changes are fully rolled out, striking workers will no longer be allowed to access these benefits.

Anyone taking industrial action loses their entitlement to claim most other benefits. The same is true for anyone laid off because of industrial action, unless it can be shown that they have no direct interest in the dispute at their place of work.

The dependants of strikers or those laid off are entitled to claim benefits. However, when calculating their “personal allowances” , so as to assess entitlement to means-tested benefits (for example, Employment and Support Allowance), a deduction of £40.50 a week will be made (2017-18). This is meant to represent the amount the striker may receive in union strike pay. It is deducted regardless of whether any strike pay is actually received. Any strike pay over that amount will be classed as income and taken fully into account when assessing entitlement. The dependants of non-union members on strike have the same amount deducted.

For more information, see the Labour Research Department’s annual booklet, State Benefits and Tax Credits 2017: a trade union guide to in-work benefits (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1869).