Social Security Committee

Meeting date: Thursday, February 18, 2021

Official Report 553KB pdf

---

Subordinate Legislation

---

First-tier Tribunal for Scotland Social Security Chamber (Allocation of Functions) Amendment Regulations 2021 [Draft]

We come to agenda item 3, which is subordinate legislation. The committee will take evidence on the First-tier Tribunal for Scotland Social Security Chamber (Allocation of Functions) Amendment Regulations 2021, which are subject to affirmative procedure.

It seems that you have never been away: I welcome Shirley-Anne Somerville, Cabinet Secretary for Social Security and Older People, joined by her officials, Ruth Steele, head of funerals, resolutions and early years benefits, and Stephanie Virlogeux, solicitor. I invite the cabinet secretary to make an opening statement and then there may be some questions from MSPs.

Thank you, convener. The committee will be pleased to know that I will keep my remarks brief. The amendment regulations before you have been introduced to facilitate the continuation of the period of assignment of the temporary president of the Social Security Chamber. The amendment regulations make changes to the allocation of function regulations, which extend the period for which the assignment to the Social Security Chamber of a president who is also the president of another chamber of the First-tier Tribunal is permitted.

We have been engaging with the Scottish Courts and Tribunals Service since last summer. The recruitment of a president via the Judicial Appointments Board for Scotland would have been challenging at any time over the past 12 months, due to capacity issues and competing recruitment. We think that it is sensible to retain the expertise of the temporary chamber president to manage the more challenging appeal process that will be required for the initial delivery of disability benefits and to ensure consistency and certainty and the effective disposal of social security appeals. Allowing for the continuation of the period of assignment until 31 March 2024 broadly aligns with the delivery of disability benefits, and this will allow for appropriate judicial training arrangements to be put in place. However, the amendment regulations do not prevent the Scottish ministers from appointing a permanent chamber president in consultation with the Lord President before that date, if circumstances suggest that that it is the right thing to do.

In the course of amending the regulations, we consulted with the president of the Scottish tribunals and members of the judicial reference group, including the Lord President’s private office and the Judicial Office for Scotland.

Jeremy Balfour has a question.

Thank you, cabinet secretary. Why are you proposing a three-year delay? I can understand a one-year or 18-month delay. Three years seems to be quite a long period of time to take to appoint an appropriate person. I appreciate that you cannot bring it forward, but why such a long period before a person is appointed?

You raise an important point. We gave the amendment regulations a great deal of consideration. We have tried to deal with the challenge of setting the regulations in the middle of a pandemic that has not finished and at a point at which we still require to see the full impact of the pandemic on social security and, indeed, on the court service. We have taken a cautious approach, in that I do not see us having to come back to committee again to extend the period, but we can also move to a full appointment at any time.

The regulations are a belt and braces approach, in that we went for something that might not be necessary, but that ensures that we do not have to come back to the committee at any point if there are any unforeseen circumstances, either within the courts or within social security. They also give us the flexibility to move out of this temporary arrangement as soon as we can. I hope that that reassures Mr Balfour that we have attempted to make the provision as flexible as possible and that we may very well not need the full time.

Cabinet secretary, you mentioned the delivery of disability benefits and judicial training. I have previously raised concerns about wide disparities in social security judgments. In future, when we get to the point at which judgments are made on the basis of the new arrangements for disability benefits, I wonder whether there might be some scope to monitor those judgments, certainly in the early years. Some consideration of that would be useful.

Ms McNeill has obviously had an interest in that for some time. She will be well aware that judicial training is not the responsibility of the Scottish Government—that separation is right.

The committee may wish to look at the issue and, within the Scottish Government’s remit, we will obviously keep a close eye on aspects. I am sure that, within the judicial services, those aspects will also be looked at.

However, the actual training, how it is delivered and the implications of that are, quite rightly, not for the Scottish Government.

I see no other questions from members, so we will move to agenda item 4, still on the same element of subordinate legislation. I invite Ms Somerville to move motion S5M-23951.

Motion moved,

That the Social Security Committee recommends that the First-tier Tribunal for Scotland Social Security Chamber (Allocation of Functions) Amendment Regulations 2021 [draft] be approved.—[Shirley-Anne Somerville]

There is technically the opportunity for a debate. It is not normally taken, but any member who wishes may drop a comment or a question in the chat box now.

I see nothing there. The cabinet secretary does not need to sum up a debate that did not take place.

It remains for me to ask whether the committee is content to recommend approval of the instrument. If anyone dissents from recommending approval, please put that in the chat box now.

There is no dissent.

Motion agreed to.

I thank the cabinet secretary and her officials for attending.

---

Council Tax Reduction (Scotland) Amendment (No 2) Regulations 2021 (SSI 2021/51)

We move to agenda item 5, still on subordinate legislation. I refer members to paper 5, a note by the clerk. The committee is invited to consider SSI 2021/51, which is subject to the negative procedure. The instrument amends the Council Tax Reduction (Scotland) Regulations 2012 and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 to uprate the various allowances and premiums and to make minor amendments following exit from the European Union.

Are members content to note the instrument? Again, if I see nothing in the chat box I will assume that members are content to note the instrument.

There being nothing in the chat box, I confirm that we are content to note the instrument.

As previously agreed, agenda item 6 will take place in private session on a different platform. That concludes the public part of the meeting; I will see members shortly in Microsoft Teams. Thank you.

10:29 Meeting continued in private until 10:45.