LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 6

State benefits for strikers 





[ch 6: page 200]

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 DWP announced that once Universal Credit (UC) is fully rolled out, striking workers will be denied access to these benefits. Full implementation of UC is not expected until towards the end of 2023 at the earliest. 





Anyone taking industrial action loses their right to any other benefits. The same is true of anyone locked out because of industrial action, unless they can show they have no direct interest in the dispute at their workplace. 





The dependants of strikers or locked out workers are entitled to claim benefits. However, in calculating their “personal allowances” when assessing entitlement to means-tested benefits, a deduction of £40.50 a week will be made (2019-20). This is supposed to represent the amount the striker would be receiving in union strike pay. It is deducted regardless of whether any strike pay is actually received. Any strike pay over that amount is classed as income and taken fully into account. The dependants of non-union members on strike have the same amount deducted.