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Committee

Social Justice and Social Security Committee 18 September 2025

18 Sep 2025 · S6 · Social Justice and Social Security Committee
Item of business
Subordinate Legislation
Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 [Draft]

Despite best efforts, we have not been able to agree a cross-border process on terminal illness cases, which is, I think, particularly disappointing. We note that the commission welcomed the Scottish Government’s on-going attempts to agree a data-sharing option with the DWP for terminally ill clients. We would all hope that it is recognised that those clients are in some of the most vulnerable situations, and it would be far from ideal if we put an additional barrier, stress or process in place for those individuals and families. We will absolutely continue our efforts to reduce the burden that we are placing on those families wherever we possibly can.

The DWP has agreed to confirm with Social Security Scotland when a client is registered with it as eligible for special rules for terminal illness, and that will allow Social Security Scotland to confirm that status without needing to seek confirmation from the client. However, the process can be triggered only when a client applies for the special rules for terminal illness, and we have confirmed that it is a cross-border application.

Again, it is not an ideal position that we have been placed in, but we are continuing to work through the data-sharing options with the DWP, particularly for those vulnerable clients.

In the same item of business

The Deputy Convener SNP
Item 4 is consideration of another SSI. The instrument is subject to the affirmative procedure, which means that the Parliament must approve it before it com...
Shirley-Anne Somerville SNP
Thank you, convener. I welcome the opportunity to assist the committee in its consideration of the regulations. A key principle in the cross-border regulatio...
Elena Whitham (Carrick, Cumnock and Doon Valley) (SNP) SNP
Good morning. In its reply to SCOSS, the Scottish Government said that it would prefer the DWP and Social Security Scotland to share data about clients movin...
Shirley-Anne Somerville SNP
This is a disappointing part of the regulations that I am presenting today. The priority for the Scottish Government was to make the journey for a client as ...
Elena Whitham SNP
Will you continue to press for change in a continued quest for the data transfer to happen automatically, or will this be a fait accompli, if we approve the ...
Shirley-Anne Somerville SNP
This is certainly the process that will be in place. With every benefit, we have a system of support to ensure that we analyse what happens in real time with...
David Torrance (Kirkcaldy) (SNP) SNP
Good morning. You touched on this in your opening statement, cabinet secretary. Given that the DWP is not sharing data, what will adults who are in receipt o...
Shirley-Anne Somerville SNP
Again, this is a more complicated situation than we would have hoped for, but, nonetheless, it is about looking at how can we support people during that proc...
Marie McNair (Clydebank and Milngavie) (SNP) SNP
Good morning, cabinet secretary. Sticking with the data issue, I note that the SCOSS report referred to on-going efforts to agree data sharing with the DWP i...
Shirley-Anne Somerville SNP
Despite best efforts, we have not been able to agree a cross-border process on terminal illness cases, which is, I think, particularly disappointing. We note...
Marie McNair SNP
It is just very unfortunate for those people, given that time is not on their side.
The Deputy Convener SNP
As there are no other questions, we move to item 5, which is formal consideration of motion S6M-18126, on approval of the regulations. I invite the cabinet s...
The Deputy Convener SNP
Thank you, cabinet secretary, and I hope that your autumn cold—Interruption. Oh right—thank you. The clerk has just told me that if I do not say this bitty, ...
The Deputy Convener SNP
That being the case, I can now thank the cabinet secretary for battling through the evidence sessions, and I thank her officials in both sessions, too. I su...