Committee
Social Justice and Social Security Committee 20 January 2022
20 Jan 2022 · S6 · Social Justice and Social Security Committee
Item of business
Subordinate Legislation
Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 [Draft]
I will not be the only person who is already getting casework from people with active disability living allowance claims who are confused about whether they should be applying for CDP and are hoping to end their DLA claim as soon as possible. How does the minister plan to communicate to current DLA claimants the potential dangers around stopping a current claim to move to the CDP faster? Do you have any guidance on how long people can expect to wait to be moved across?
In the same item of business
The Convener
SNP
Under item 2, the committee will take evidence on the draft Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young Peop...
The Minister for Social Security and Local Government (Ben Macpherson)
SNP
Thank you, convener, and good morning, members. As this is the first committee meeting that I have attended in 2022, I wish you all a happy new year, and—Ina...
The Convener
SNP
Thank you very much for that helpful introduction. We now move to questions from colleagues.
Marie McNair (Clydebank and Milngavie) (SNP)
SNP
Good morning, minister. The introduction of the suspension option is a welcome move away from the DWP’s position, as you have said. The DWP’s approach often ...
Ben Macpherson
SNP
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...
Marie McNair
SNP
What efforts will be made by Social Security Scotland to make support networks aware of the suspension provision and what to look out for when supporting peo...
Ben Macpherson
SNP
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 ser...
Miles Briggs (Lothian) (Con)
Con
Good morning. I thank the minister and his officials for joining us. What are the Government’s plans on overpayments, which could build up as a result of con...
Ben Macpherson
SNP
That is an important area, and it relates to why we are introducing the regulations. We want to avoid overpayments as much as possible and to ensure that the...
Miles Briggs
Con
I have two further questions. If someone fails to engage with a review of their disability benefit, at what point in the new system would the failure to prov...
Ben Macpherson
SNP
There are a number of variables in how an individual responds to the request for information. If they respond within 28 days stating that assistance being su...
Miles Briggs
Con
Will the minister update the committee on the workforce, which we have discussed at length as a committee and, during a visit, with Social Security Scotland?...
Ben Macpherson
SNP
Those are two important questions, which I will touch on briefly just now. It might also be helpful for Mr Briggs if I get a response from Social Security Sc...
The Convener
SNP
That would be helpful, in particular on the point around compensation or whatever arrangements might be in place for medical professionals providing supporti...
Natalie Don (Renfrewshire North and West) (SNP)
SNP
If we get to the point at which an applicant’s payment is suspended, I believe that, legally, they would have to complete the review within 31 days. That is ...
Ben Macpherson
SNP
I will bring in Niall Wilson in a moment. The intention is to obtain the information as quickly as possible from the individual in order to assist them. Of c...
Niall Wilson (Scottish Government)
Yes. The information would be requested because it is material to carrying out the review, so the review would be carried out once we had the information. On...
Natalie Don
SNP
I have one further question, which has sort of been raised already. When will the guidance around the suspension and ending of benefits be publicly available...
Ben Macpherson
SNP
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...
The Convener
SNP
I believe that that covers Natalie Don’s questions. I will bring in Pam Duncan-Glancy next.
Pam Duncan-Glancy (Glasgow) (Lab)
Lab
I thank the minister and other panel members for joining us. I have a few questions on benefit suspension. My first question is slightly less to do with the ...
Ben Macpherson
SNP
Since I last updated the committee on this, work has been on-going and we have continued our engagement with SCOSS. I cannot say enough how grateful we are f...
Pam Duncan-Glancy
Lab
I would very much appreciate follow-up information, including on what the resource will be, when it is expected to be in place and how many more additional s...
Ben Macpherson
SNP
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 2...
Niall Wilson
It is in the interest of the client and Social Security Scotland to have the determination resolved as soon as possible, but we must build in a reasonable am...
Pam Duncan-Glancy
Lab
That is helpful. The point about it being a minimum period is useful. I know that people will appreciate that, so thank you for setting that out. My next qu...
Ben Macpherson
SNP
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 applyi...
Kirsten Simonnet-Lefevre (Scottish Government)
The right to advocacy is enshrined in the 2018 act and is in connection with the determination on the individual’s entitlement to assistance. That means any ...
Pam Duncan-Glancy
Lab
Thank you both for your answers. I am still not 100 per cent clear—forgive me—whether a person would be able to access advocacy at that point. I take the poi...
Ben Macpherson
SNP
Kirsten—are you able to give some clarity from a legal position, please?