Chamber and committees

Scottish Government submission of 1 December 2021

PE1913/A – Fast track future Adult Disability Payment applications for people undergoing cancer treatment

Throughout the development of the new social security system the overriding commitment of the Scottish Government is to the safe and secure transfer of disability benefits from the Department for Work and Pensions (DWP) to Social Security Scotland. It is essential that people continue to receive the current payments they rely on with no interruptions.

Improvements to ADP (Adult Disability Payment) Decision Making Process

Whilst prioritising safe and secure transition, the Scottish Government is making significant changes in order to provide a social security system that treats people with dignity and respect, therefore improving how decisions are made and meeting our aim to get decisions right first time. These changes will have a positive impact on all clients and it is likely that a significant proportion of people with a cancer diagnosis will experience direct positive benefits as a result of the changes the Scottish Government is making.

The Scottish Government is providing a fast tracked application and payment process for people who are terminally ill. The DWP already do this but we have changed the definition of terminal illness from that used by the UK Government, to remove arbitrary time constraints and ensure decisions are better informed by clinical judgement.

Research has been undertaken into how this new definition of terminal illness may impact on people receiving ADP, including those with cancer. The research, detailed in “Estimating the Impact of the New Definition of Terminal Illness for Disability Assistance in Scotland”, indicates that the number of people with cancer accessing ADP using the fast tracked process will more than double, compared to DWP fast tracking to Personal Independence Payment (PIP). It is estimated that the number of terminally ill ADP recipients who have cancer will increase from 2,800 to approximately 8,200, under the new ADP definition of terminal illness. In practice, it is projected that the majority of ADP recipients with cancer (62%) will be able to use fast tracked processes due to our new definition of terminal illness. This compares with less than a third of PIP recipients with cancer who are regarded as terminally ill and have been fast tracked for payment through PIP by DWP.

The Scottish Government appreciates that the revised fast tracking process will not be available to everyone with a cancer diagnosis. For people with cancer who are not regarded as terminally ill, they will benefit from a range of other changes that will significantly improve how decisions are made. For example, the Scottish Government will aim to collect only one piece of supporting information from a formal source, such as from a GP or a support worker. This information only needs to determine, on the balance of probabilities, that the individual’s condition is consistent with the needs detailed on their application. Useful insights can be provided by a client’s informal support network including family, friends, or unpaid carers, and under the Scottish Government’s approach equal consideration will be given to all sources of information. This is a departure from the current DWP system which requires formal supporting information to evidence each and every difficulty reported.

Additionally, the Scottish Government will not conduct any functional examinations as part of a consultation, as is done by DWP. The Scottish Government does not believe that functional examinations meet our values of fairness, dignity and respect. Instead an ADP consultation will be a discussion between a client and a practitioner employed by Social Security Scotland, and will be based on a position of trust.

If a practitioner makes an informal observation during a consultation, they will inform the client of this and any inferences. The client, or person accompanying them, will be given the opportunity to respond to the observations. This is a significant change to the current DWP system where an assessor can make assumptions about the client without telling them, and can do so before or after the assessment has taken place.

Cancer Treatment Support

The Scottish Government has initiated a number of programmes which help to support cancer patients as they are navigating their cancer pathway and are actively receiving treatment. These include the flagship single point of contact initiative, which seeks to provide a single, easy to access point of contact to help navigate the clinical pathway. In addition, the Transforming Cancer Care programme with Macmillan Cancer Support aims to ensure all cancer patients have a key support worker to aid with their mental, emotional, and financial wellbeing.

Separate Fast Tracking for People with Cancer

The Scottish Government’s approach is to provide a person-centred service and not prioritise any single condition or type of disability above any other. This is the fairest way to provide our social security service and ensure that individual access to benefits is managed equitably. The enhanced procedures the Scottish Government is putting in place will significantly broaden fast tracked payments to people with cancer. Therefore the Scottish Government does not support an additional fast track procedure specifically for people with cancer. Everyone deserves the best possible service that can be provided and that is what we intend to provide, no matter what their illness or condition.