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.

In June 2012, the Department of Work and Pensions announced that once the Universal Credit benefit changes are in place, striking workers will no longer be allowed to access these benefits. Full implementation of Universal Credit is not expected until around 2017.

For all other benefits, anyone taking industrial action loses entitlement to claim. This also applies to 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 and disqualified have an entitlement to claim benefit. However, in calculating their “personal allowances” for the purpose of assessing entitlement to means-tested benefits (for example, Employment and Support Allowance), a deduction of £39.00 a week will be made (2013-14). This is supposed to represent the amount the striker would be receiving in union strike pay, but is deducted regardless of whether or not any strike pay is actually received. Any strike pay over that amount is classed as income and taken fully into account when assessing entitlement. The dependants of non-union members who are on strike have the same amount deducted.