Chamber and committees

I would like to add something briefly. I noted Bill Scott’s evidence to the committee in December and his positive comments about the difference that the local delivery teams have made in the delivery of the child disability payment. He made important points about the significance of word of mouth in relation to the different experience and better service. I am confident that, when we deliver the adult disability payment, we will see a similar effect, with people having a different and improved experience, which will help to build confidence in communities in the new service that we are providing.

Thank you, Mr Balfour. As you would expect, as new case law emerges, we regularly and consistently consider its application and its repercussions for all the benefits to which it relates.

We are absolutely committed to considering case law that emerges in different parts of the UK and its repercussions for our system and for people in Scotland. Kayleigh Blair, from the Scottish Government legal division, will speak briefly about that.

I would be grateful if Kayleigh Blair would answer Mr Balfour.

It is an important point.

It may be helpful to the committee if I bring in David Hilber to add to what I have said about case transfer.

Yes—they are absolutely good use of resources, because they will help people throughout their journey. There was strong demand for those initiatives to be introduced during the progress through Parliament of the Social Security (Scotland) Bill in 2016-17, which became the 2018 act. Those things are investments in the people of Scotland and are the result of extensive consultation of people with experience of the social security system, and of disabled people’s organisations and experts. I am confident that that will result in a significantly better experience for people who apply for and receive the adult disability payment.

That, too, reflects points that I made earlier—that it is hugely important that social security be treated as a human right, and that we want to deliver it using the principles of dignity, fairness and respect that we are committed to.

Is that question about the review of the adult disability payment?

This is a significant moment. We are delivering in as straightforward a way as possible, we will always start from a position of trust and people will be able to choose how they apply and the channel that best meets their needs. We will fund the independent advocacy service, so there will be no DWP-style assessments or functional examinations. We will need to collect only one piece of formal supporting information when making a decision, and the onus will be on Social Security Scotland to collect that on people’s behalf.

We will give equal consideration to all sources of information, including the client’s family, carers and friends. Importantly, and as has been emphasised throughout our discussion, we will apply the eligibility criteria fairly and consistently to get more of our decisions right the first time. We will take full account of people’s needs and fluctuating conditions, and people will still be able to access short-term assistance if they challenge an adult disability payment decision. Finally, we will, of course, fast track applications from people with a terminal illness.

We are doing so much that we should all be positive about. Of course, as we have discussed, as the process of delivering the adult disability payment combined with the case transfer process progresses, the review and further discussion will help us to think collectively about what future constructive changes we can make over and above these significant improvements.

The evaluation programme will assess the operation of key aspects of the delivery of the new benefits, including the new procedures that are applicable to the adult disability payment as they unfold, such as the provision of supporting information, special rules for terminal illness, client consultations, case transfer from UK benefits and decision-making processes.

The first of those thematic evaluations is an assessment of the operation of the provision of supporting information for benefit decisions, drawing on the experience of the child disability payment, which will be commissioned later this year, and further aspects of evaluation that might require more evidence from the adult disability payment in particular, such as consultations, terminal illness rules and award duration that require the caseload to build up over time and the consequences to emerge. We will of course be cognisant of that.

The engagement of stakeholders has been so important up to this point. We invite academic and third sector organisations to our annual social security evaluation forum to discuss our approaches to evaluating benefits. We will continue to engage with stakeholders appropriately and meaningfully. As I have said throughout our considerations today, we deeply value the input of our stakeholders, not just in considering the regulations before us but through the whole process of establishing Scotland’s new social security system, which is making and will continue to make a significant and meaningful difference for people in our communities all across the country.

I will bring in Niall Wilson in a moment. The intention is to obtain the information as quickly as possible from the individual in order to assist them. Of course, the individual’s circumstances will be considered by the staff in Social Security Scotland who are making judgments on those matters. Niall, please will you provide further clarity?

Thank you, convener, and good morning, members. As this is the first committee meeting that I have attended in 2022, I wish you all a happy new year, and—[Inaudible.]—Ms Don, too.

Colleagues, I am grateful for the opportunity to discuss with the committee the regulations, which reflect our continuing commitment to make improvements and to listen closely to stakeholders in order to provide a system that meets people’s needs.

The committee is aware of the Scottish Government’s strong commitment to promoting benefit take-up. The regulations are important in addressing the rare occasions when suspending assistance is beneficial for the individual involved and/or for the integrity of Scotland’s social security system. The Scottish Government is seeking to introduce the power to suspend assistance in a narrow set of circumstances in which doing so is vital to protect people who rely on our payments. Furthermore, the power is vital to ensure an efficient social security system for Scotland. The power to suspend assistance in a narrow set of circumstances will help to avoid unnecessary overpayments and will protect vulnerable individuals from the risk of abuse. Putting the measures in place is also part of being a responsible Government.

For clarity, I note that the regulations apply only to child disability payment and the Scottish child payment. We are seeking to introduce powers to suspend the adult disability payment in a narrow set of circumstances as part of the main regulations for that form of assistance, which we will be discussing next week.

It is important to recognise that we are not seeking or planning to take the same approach as the Department for Work and Pensions is taking on suspensions. Let me be very clear: the regulations are not intended to have a punitive effect or to make clients worse off. We have consistently chosen to limit the circumstances in which we can suspend assistance.

The regulations enable us to suspend payments if an individual fails to provide, within a reasonable and appropriate time period, the information that we need in order to decide whether they should get child disability payment or the Scottish child payment. In accordance with social security guidance, individuals will have a minimum of 28 days to provide information. Moreover, when we request information, we will encourage individuals to ask for more time to provide information if they need it.

Stakeholders including the Child Poverty Action Group, Citizens Advice Scotland and Inclusion Scotland told us of the importance of suspending payments in the circumstances that are covered by the regulations, because some vulnerable individuals might not take action until they see that their payments—[Inaudible.]. However, suspending payment, rather than ending assistance, ensures that individuals have a better opportunity to engage with Social Security Scotland and do not immediately lose their entitlement.

The regulations also allow for suspension of payment in cases in which ministers pay assistance to a third party. That could be done to protect someone from the risk of financial abuse or of the third party being unable to continue receiving payments. Child disability payment may also be suspended when a third party receives payment but is not engaging with Social Security Scotland when the child turns 16 and becomes responsible for managing their own entitlement.

The regulations introduce a number of key safeguards, including the right to request a review of the decision to suspend payment. Our case managers must also consider the individual’s financial circumstances before deciding to suspend payment. That is essential to avoid unnecessary hardship.

In addition to the provisions on suspension of assistance, we have taken the opportunity to make minor miscellaneous amendments to the child disability payment and the Scottish child payment regulations in order to give full effect to the original policy intent.

I welcome the opportunity to assist the committee with its consideration of the regulations, and I look forward to answering any questions that members might have.