Committee
Social Justice and Social Security Committee 27 January 2022
27 Jan 2022 · S6 · Social Justice and Social Security Committee
Item of business
Subordinate Legislation
Social Security Information-sharing (Scotland) Amendment Regulations 2022 [Draft]
The independent review was announced by Shirley-Anne Somerville when she was Cabinet Secretary for Social Security, in recognition that, as we deliver the adult disability payment we want feedback and insight into how stakeholders believe the new system is performing. The review will also think ahead, to beyond the period of case transfer, when everyone in receipt of a disability benefit is in the Scottish social security system. It will consider what we can and should change, whether that is eligibility criteria or other considerations. Of course, we are in not just a hybrid system with the UK Government, but a system in which we have two processes running in tandem. When we launch the adult disability payment, we will be both accepting new applications for ADP and simultaneously transferring into our system 300,000 individuals who are on PIP. 09:15 The review is important—it is important that we have feedback on how people are experiencing the system. We plan to establish a review group, the members of which will be drawn from outside the Scottish Government, with the intention that the group will secure input from people with experience of applying for and receiving ADP. I appreciate that there will be a lot of interest in the review and I am determined that as many people as possible will have the opportunity to contribute to it. The review will be completely independent, so it would be wrong for me to pre-empt any recommendations. Planning and scoping work is already under way on the first stage of the review and I will provide a further update to the committee and the Parliament as soon as possible. As I laid out in my letter to the committee on 17 December, the reason why we want the review to commence with consideration of the mobility criteria is that we are mindful of and respectful of the significant amount of evidence that the committee has received and the discussion that there has been about the mobility criteria. We want to make sure that we get the process of reviewing those considerations under way as quickly as we can.
In the same item of business
The Convener (Elena Whitham)
SNP
Thank you very much. I look forward to working with the committee. This morning, we will consider three items of subordinate legislation, as outlined on the...
The Minister for Social Security and Local Government (Ben Macpherson)
SNP
Good morning. Welcome to the committee, convener, and congratulations on your new role. Thank you for inviting me to give evidence on these important regula...
The Convener
SNP
Thank you for that opening statement, minister. I know that my fellow committee members are passionate about this subject and they have many questions to put...
Marie McNair (Clydebank and Milngavie) (SNP)
SNP
Thank you, convener, and congratulations on your appointment. Good morning, minister. Is it the case that if the Westminster Government got rid of the 20m ...
Ben Macpherson
SNP
Marie McNair is raising the important point about why the eligibility criteria that we are proposing need to be largely the same as those for PIP. The commit...
The Convener
SNP
Thank you, minister. Marie, do you have anything further?
Marie McNair
SNP
Yes, I have two further questions, convener. Minister, you are clear, and so is SCOSS, that safe and secure transfer must be the priority before any major ...
Ben Macpherson
SNP
The independent review was announced by Shirley-Anne Somerville when she was Cabinet Secretary for Social Security, in recognition that, as we deliver the ad...
Marie McNair
SNP
The changes to terminal illness criteria will make a huge difference. Not only is a time limit no longer required, which is fantastic, but the award is more ...
Ben Macpherson
SNP
Marie McNair is absolutely right to highlight those important differences. Not so long ago, I was a member of the Social Security Committee during the progre...
Pam Duncan-Glancy (Glasgow) (Lab)
Lab
Congratulations on your appointment as convener of the committee. I put on record my thanks to Neil Gray, who was an excellent convener. We will miss him, an...
Ben Macpherson
SNP
I thank Pam Duncan-Glancy for her engagement and for her recognition of the significant changes that are being made. On the points raised about our being co...
The Convener
SNP
Thank you, minister. I can see from the chat that Evelyn Tweed wants to come in. Is it on that point?
Evelyn Tweed (Stirling) (SNP)
SNP
Yes, it is, convener.
The Convener
SNP
Go ahead.
Evelyn Tweed
SNP
Can you outline for the committee the Scottish Commission on Social Security’s view on how the Scottish Government is dealing with eligibility? What was its ...
Ben Macpherson
SNP
That is an important point to raise. I know from the committee’s evidence on 16 December 2021 and from correspondence that I sent to the committee that you w...
Pam Duncan-Glancy
Lab
I thank the minister for the points that he set out as a result of that question. However, I am not sure that he set out whether it is his intention to get r...
Ben Macpherson
SNP
I will try to come back on as many of those questions as possible. Forgive me if you have to come back on some of them, given their extent. As I said, we ne...
Janet Richardson (Social Security Scotland)
Good morning, convener and committee members, and thank you, minister. I want to pick up on the point about the support that we are providing for clients wit...
The Convener
SNP
Thank you. Minister, do you have anything further to add?
Ben Macpherson
SNP
I want to bring in Nathan Gale to elaborate on some of the points that I made on psychological distress, safety and case law, which I hope will be helpful in...
Nathan Gale (Scottish Government)
Thank you, minister, and good morning, convener and members. Ms Duncan-Glancy raised an important point about the ability to do activities safely and the e...
The Convener
SNP
Thank you very much for that. Minister, do you have anything further to add, or are we able to move on?
Ben Macpherson
SNP
There is nothing further from me. I hope that the information that officials and I have provided has covered the points that Ms Duncan-Glancy wished us to co...
The Convener
SNP
I am going to hand the talking stick over to Jeremy Balfour. I will hand it back to Pam Duncan-Glancy when we move on to the next theme.
Jeremy Balfour (Lothian) (Con)
Con
Good morning, convener. I add my congratulations on your appointment. I look forward to working with you. I also wish Neil Gray all the best in his new role ...
Ben Macpherson
SNP
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...
Kayleigh Blair (Scottish Government)
Good morning, convener and members. I thank the member for the question. The minister is correct that, as case law emerges, consideration is given to how it...
Jeremy Balfour
Con
I thank Ms Blair for that answer. Some of the key decisions around PIP and DLA have been made by the Supreme Court, so any decision that might be made by the...