Hansard

Although the Social Security Administration and Tribunal Membership (Scotland) Bill is a short, technical bill, it makes some important changes to the administration of Scottish social security with regard to appointees, terminal illness and topping up reserved benefits. The bill also extends existing provisions to allow judges from other jurisdictions to sit on Scottish tribunals.

Although the bill is technical, it will do some important things, including allowing regulations that create top-up benefits to include provisions on offences and investigations, which will apply to the Scottish child payment. One of the main reasons for the bill is the urgent need to create statutory offences in primary legislation in relation to the Scottish child payment. Without the bill, no such offences are in place in relation to top-up assistance, and no powers currently exist to create any.

The Scottish child payment has rightly been described as a “game changer” in tackling poverty, which illustrates the need for the legislation. According to the latest figures from the Scottish Fiscal Commission, across Scotland, 194,000 children aged under six could benefit. Once fully rolled out to under-16s in 2022-23, the Scottish Fiscal Commission estimates that there could be 499,000 eligible children. In my home city of Dundee, an estimated 5,200 children could benefit from the Scottish Government’s groundbreaking antipoverty payment.

I am sure that there will be a good uptake of the new benefit, particularly, as other members have said, during this time of added financial hardship and uncertainty. I have some sympathy with the point that was made by Pauline McNeill about the automation of the Scottish child payment. I hope that that is considered in due course.

Although the Social Security Committee, of which I am a member, was generally supportive of the bill at stage 1, the committee report stated that there were issues around the appointment of individuals to receive benefit payments on behalf of another person that required further discussion. I add my thanks to those who gave evidence, which has helped to improve the bill.

The committee report also made recommendations about non-disclosure of health information, top-up of reserved benefits, who can diagnose terminal illness and tribunal membership. The committee highlighted a concern about the lack of public consultation on the bill, and stated that the proposals on appointees in particular might have benefited from more public input. However, I am pleased that the cabinet secretary’s response to the report took on board many of the committee’s recommendations.

The Scottish Government’s stage 3 amendments allow the uprating of the Scottish child payment, and the intention is to uprate it annually in line with inflation. During the stage 1 debate, concern was raised over the issue of appointees, and the lack of appropriate procedures and necessary safeguards. At the committee’s meeting on 10 September, the cabinet secretary said, in response to those concerns, that the Scottish Government had

“engaged with our experience panels, the ill health and disability benefits stakeholder reference group and the disability and carers benefits expert advisory group”,

and that amendment 7 at stage 2

“requires the guidelines to include information on how ministers will determine the suitability of an appointee; how they will handle requests for reviews of decisions about appointments; how they will include persons with an interest in their decision-making processes; and—crucially—how they will undertake periodic reviews and handle any concerns that are raised. Amendment 7 also requires all that guidance to be developed with stakeholders and to be published.”—[Official Report, Social Security Committee, 10 September 2020; c 2.]

Amendment 7 also set out

“a set of safeguarding principles, including principles that are drawn from the United Nations Convention on the Rights of Persons with Disabilities.”—[Official Report, Social Security Committee, 10 September 2020; c 3.]

On the issue of diagnosing terminal illness, I am pleased that the Scottish Government has listened to the views of those who are on the front line, and is extending responsibility for diagnosing terminal illness for social security purposes to include registered nurses. That is very welcome, and will help to avoid delays and prevent additional burdens falling on doctors. That will help the social security chamber to cope with the arrival of significant numbers of new cases.

I will support the bill at decision time this evening.