Chamber and committees

I fully sympathise with that—those are important points. We have a wider commitment to external communications being inclusive and easy to understand for the people who access the service and the public more widely. I confirm that the guidance will be in that style and form so that people can easily understand it.

The detailed decision-making guidance has been prepared, but it is being quality reviewed and it is going through various processes to ensure that it is as it needs to be. As I said, it will be published publicly once it is finalised. To be as expedient as possible in keeping the committee up to speed, I am happy to commit to officials updating the committee as soon as a publication date is set and then to be forthcoming in providing an appropriate copy and a link to where the guidance is found in the public domain.

I will bring in Niall Wilson in a moment, but first I will reemphasise what I have laid out this morning in my opening statement and onwards. The period of 28 days is a minimum, and it will be important for staff who engage with cases to take into consideration an individual’s circumstances. For example, if the individual says that they do not have the information or that they cannot provide it within the time period, that will be taken in good faith, which will ensure that adequate time is applied for the individual to provide the information that is required and for other work to be undertaken to help the individual to acquire what Social Security Scotland needs to make the decision.

I will now bring in Niall Wilson because he has considered the issue throughout the process of the regulations and since the passing of the Social Security (Scotland) Act 2018.

I appreciate that that question is relevant in this regard, but it is also, of course, relevant to the adult disability payment, which we will discuss next week. In the interests of time, and given that wider perspective, if Jeremy Balfour agrees, I would like to take that away and either update the committee on it next week or provide an answer in writing—whichever is preferable to the member and/or the committee. I will say, just for reassurance, that formal arrangements are, of course, in place on all those matters. I can elaborate on that either in writing or at a future meeting.

I will bring officials in to clarify this absolutely, but I note that during that period the individual would receive short-term assistance—which, of course, is innovative and is provided here in Scotland but not in the DWP system. Niall Wilson will elaborate on that, briefly.

I would be grateful if Emma Roddick could elaborate slightly on that, so that I am absolutely clear.

Are you asking about the case transfer process to the child disability payment?

Yes, we can confirm that today, convener. I will bring Kirsten Simonnet-Lefevre in to further clarify the position as well. In any circumstance where the individual’s entitlement is being questioned, they will of course be entitled to advocacy, as it will be available to all clients across Scotland who are certified as having a disability. The position is clear. I think that the point of dubiety from the committee this morning has been about the period of suspension; as Kirsten Simonnet-Lefevre has said, there is not a requirement for advocacy at that juncture. It is only if it progresses to the position of their entitlement being questioned that, of course, the right to advocacy will kick in.

We are engaged with the relevant stakeholders on that matter; on-going consideration is being given to it. Guidance will be made public, and the advocacy service that we are providing will be there to support people. That support will include ensuring that people are aware of how long they have to respond and that they are encouraged to contact Social Security Scotland if they are having any difficulties in responding.

There has been significant consideration of that issue as the regulations have been developed and in response to the Scottish Commission on Social Security’s recommendations. The member will be aware that, in our response to SCOSS, we extended the position and committed to providing a minimum of 28 days for people to respond to requests for information. I stress that that is a minimum. As I said in my opening statement, we will encourage individuals to ask for more time if that is required. Social Security Scotland will have regard to the individual’s circumstances, so it will extend that period when it is reasonable to do so.

We will also withdraw requests for information if they no longer appear to be reasonable. For example, an individual might have told Social Security Scotland that they do not have the requested information. We will explain clearly to individuals what information is being requested and why. As I said, individuals will be encouraged to contact Social Security Scotland if they think they will have trouble in providing the requested information within the requested time and, importantly, if it is likely that a suspension would cause hardship.

I want to reassure the committee that advocacy will be available to all clients who self-certify as having a disability, including individuals who are applying for, or are in receipt of, the Scottish child payment. The advocacy position is strong. Kirsten Simonnet-Lefevre will say a bit more about that.