Chamber and committees

It is our intention to create a recovery scheme that is consistent with the approach that has been undertaken in the rest of the UK, which is of long standing and has been agreed with stakeholders. Well, not entirely, actually; I will caveat that. I am not sure that what the DWP went through was agreed by stakeholders, but it is certainly understood by stakeholders. I therefore do not see a reason for change from that and am happy to reassure stakeholders that there will be consistency.

We want consistency because we want to reduce complexity and uncertainty. That is an important aspect. Sometimes, change and difference are necessary and sometimes they are not; I do not see such a necessity in this case.

As I mentioned in my opening remarks, I am more than happy to lodge amendments at stage 2 to extend the role of SCOSS in relation to some of the regulations that we have talked about today. I absolutely recognise and am greatly appreciative of the role that SCOSS has played from day 1 in considering regulations, so I am keen to ensure that its role is expanded, changed and developed as the system for social security moves on.

The committee will be aware that there was recently an independent review of the SCOSS governance arrangements, which identified some changes to ensure that SCOSS is resilient and fit for purpose. The bill looks at implementing the recommendations of that, but I am happy to consider lodging stage 2 amendments to bring more powers into the bill in relation to the scope of formal SCOSS scrutiny, following the stakeholder contributions at stage 1 and a recent letter that I received from the SCOSS board. I am working with officials on all the details of what has come through from SCOSS—as I say, it came through very recently. I will go through that in detail with my officials.

We intend to move forward at stage 2, and I will bring forward aspects around the care experience assistance and other areas that I mentioned earlier.

I followed that line of evidence with great interest. Mr Balfour might remember that we had discussions about ensuring that people had a redetermination, because they found tribunals to be intimidating, and about the process being time consuming and more expensive for the public purse. As I have said, if, on reflection at stage 2, we think that anything can be done, I am happy to look at that. However, as we have laid out, I think that there is enough opportunity for people to have redeterminations in a simple and timely manner and to allow that to be an important part of the process. We discussed the issue in great detail when the Social Security (Scotland) Bill was going through Parliament, and that is the reason why the process has been set out in the way that it has. I recognise that people have made certain points on the issue

I do not know whether my officials have any more details on the work in that respect.

This is an important point. The Scottish child payment is not available to young people over 16, but our education maintenance allowance is still available. It is not that payment and support are not available; it is just a different type of support. Nonetheless, support is available for young people between the ages of 16 and 18.

At present, we have no plans to extend eligibility for the Scottish child payment to older children. Its purpose is to alleviate child poverty—that is an absolutely important principle of the Government—but, as I have said, there are other benefits, including the education maintenance allowance, that are available for young people who are over 16.

We absolutely agree that social security should be as accessible and accommodating as possible. When facing exceptionally challenging personal circumstances, such as upheaval in the home, vulnerability, ill health and so on, clients might struggle to apply for assistance in a timely manner. That is an important point that the Government and the agency need to be cognisant of in implementation.

We are considering extending the flexibility that is available through the provision. We think that that is worth while, even if it helps only a handful of cases. After all, that handful of cases will involve people who are, potentially, exceptionally vulnerable and are in the most difficult of circumstances. I am therefore very content to take forward investigations at stage 2 on how we can move forward with that. As I said in my introductory remarks, it is important that we look at exceptional circumstances and see what can be done.

An easy-to-navigate form is automatically included with a redetermination notice. It can, of course, be completed online and so on. This is one of the aspects where we tried to make the process as easy as possible for a client and ensure that it is not opaque. We not only say that people can have a redetermination but set out how that can be done. It is an attempt to deal with the issue in a very open manner.

The form is also designed to collate all the information that the tribunal will require. Of course, clients can contact Social Security Scotland to talk about the completion of any forms, and people can be assisted in completing them.

I do not know whether you want to add anything to that, Iain.

I am happy to provide more detail in writing, but, for example, the bill requires the agency to speak to both the client and the appointee, when that is possible—we appreciate that it might not be possible to speak to both in the case of some disabilities or conditions. We have local delivery teams that can go out on visits to make those checks, which is different from what happens in England.

We can provide a full comparison by correspondence, if that would assist members.

I hope to reassure you on that point. It is important that we audit. One of the reasons for that is to ensure that correct decisions are made. It is important to ensure that the system is not overly generous—that it gives clients the maximum that they are entitled to, but not more than that. Audit is an exceptionally important part of that process, which is why it is important to have that connection with the individual.

With regard to safeguarding, any individual who takes part in the process will be told at the outset that they have the right to support and will be signposted to it. Importantly, individuals can ask to have a request withdrawn if they think that they have good reason to do that. I am happy to work with stakeholders on what such reasons might be.

We are keen to work with stakeholders to find out what types of safeguarding measures they think should be in place in the event that a request is not withdrawn and the individual does not respond. I reassure you that it will not be the case that one letter will be sent out and, if the recipient does not respond within a short time period, they will have had it and their benefit will be stopped. Nobody will have their benefit stopped. Payment might be suspended, but that is very different from its being stopped.

We are keen to ensure that the agency continues to make contact with individuals. If the attempts to contact a person have not succeeded and they have still not contacted the agency, they will have the right to challenge a suspension, and will be signposted to that. We are not talking about an absolute hard stopping of a benefit—it is a suspension. In addition, suspended assistance will be backdated if the person subsequently responds to a request.

We will continue to work with the client to obtain from them the information that we require for an audit, but we will do so in a very supportive fashion. We are trying to ensure that we have a full audit process but one that provides enough safety nets, enough safeguarding and enough support to ensure that we do not get into a position in which the payments to someone who has faced, or is going through, very difficult circumstances are affected.

However, if it is not a voluntary scheme—I have explained the severe difficulties with that—we need some sort of process in place that requires an individual to take part.

We are looking at the balance. I am very happy to work with stakeholders, because I recognise that this is an area of concern and that people could fall through the safety net. I would like to work with stakeholders who have raised concerns to see what more we can do—not necessarily in the bill, but in the guidance and through the agency’s implementation—to build in the types of safeguarding measures that people would rightly expect us to have.

I am very happy to consider amendments, but it is important to consider what should be in guidance rather than in the bill. We will look at what more can be done. To provide reassurance, I note that we have undertaken to lodge a stage 2 amendment that will require a public consultation prior to the exercise of the regulation-making powers. That will allow us to look at the groups that should be exempt from the audit requirements. We are making a genuine attempt to build in safeguarding measures. We are taking time to get this right by consulting and working with stakeholders who, for example, will be exempt from the audit process. It is quite right that some people should be exempt from the process, but it cannot be fully voluntary.