The impact of activation policies on individual rights

The shift towards means-tested benefits has contributed significantly to increased complexity in the social security system. Means-tested benefits and their attendant legal structure are, by their nature, very elaborate because they must distinguish between diverse sets of personal circumstances and needs. Factors such as age, state of health, level of disability, family caring responsibilities, participation in education, part-time employment, etc., may all be considered relevant to the level of a claimant s financial needs, whereas income and other financial resources considered to be available to a household to meet their needs must also be carefully defined. 

There are various discretion-based procedural judgments and decisions that officers are called upon to make, such as whether a person s reasons for failing to attend a job interview are legitimate and preclude withdrawal of benefit. Complexity presents difficulties both for those who administer social security and for persons who may seek to establish entitlement to one or more of the benefits, and it also hinders the process of claiming benefits. Often a considerable amount of information will need to be supplied by the claimant when making a claim. 

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