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]
Good morning. Welcome to the committee, convener, and congratulations on your new role. Thank you for inviting me to give evidence on these important regulations, which, if passed, will introduce the adult disability payment in Scotland. The adult disability payment will be the 12th benefit to be administered by Social Security Scotland and it is the biggest and most complex undertaking for the organisation to date. I strongly believe that the regulations deliver on the principles of the Social Security (Scotland) Act 2018 and the Scottish social security charter. That is in large part due to the extensive input of a range of organisations and individual disabled people across the country and I take this opportunity to thank all those whose contributions have helped to shape the adult disability payment. I am also immensely grateful to the members of the Scottish Commission on Social Security, who have given generously of their time and engaged openly with me and officials. SCOSS has made a number of insightful recommendations on the regulations, almost all of which the Government has accepted. The regulations enable the Scottish Government and Social Security Scotland to commence the delivery of the adult disability payment for new applicants from 21 March, initially in Perthshire and Kinross, Dundee and the Western Isles. We will then introduce the adult disability payment across two further pilot phases, before rolling it out nationally on 29 August. Critically, the passage of the regulations will enable us to take a very different approach to delivering disability assistance, developed around our principles of dignity, fairness and respect. We will put an end to the stress and anxiety of private sector assessments. There will be no undignified physical and mental examinations. We will end the stressful cycle of unnecessary re-assessments and the adversarial approach of the Department for Work and Pensions. In contrast, we are introducing a system that is rooted in trust and supported by the input of suitably qualified in-house health and social care practitioners. We are funding an independent advocacy service that will support people to access social security throughout their journey. Only one piece of information will be sought from a formal source to support the general care and mobility needs in a person’s application. The onus of collecting that information will be on Social Security Scotland. Equal weight will be given to all sources of information, including from the people who know a client best: their friends, family and informal support network. Applications from people with a terminal illness will be fast tracked so that they can access the support that they need and are entitled to as quickly as possible. Overall, the experience of applying for and receiving the adult disability payment will be fundamentally different from the current DWP experience. If the regulations are not passed, people will not be able to benefit from the significant improvements that we intend to make. People would be left on the personal independence payment for longer and potentially subjected to the indignity and anxiety of private sector assessments. It is crucial that the Parliament agrees to the regulations. We intend to begin the case transfer of PIP awards to the adult disability payment when it launches nationally in August. The case transfer of approximately 300,000 disability benefit awards from the Department for Work and Pensions to Social Security Scotland is an unprecedented exercise both in scale and complexity. We have, therefore, consistently prioritised the safe and secure delivery of the adult disability payment. That approach has been supported by SCOSS, the Disability and Carers Benefits Expert Advisory Group, DACBEAG, and by many responses to our public consultations on disability assistance and the adult disability payment. We have focused on making changes that will have the greatest positive impact on how people experience accessing support, while not risking the safe and secure delivery of that support. That is why the rules for the adult disability payment will be broadly the same as those for PIP during the transition period. I want to stress, though, that what will be delivered on day one will be significantly different from how people experience the DWP and is not the limit of the Scottish ministers’ aspirations. We have already announced an independent review of the adult disability payment that will be carried out in two stages. The initial stage will commence later this year and will look at mobility criteria. The full adult disability payment framework will be considered during the second stage of the review, beginning in summer 2023. In conclusion, I remain confident and determined that, from day one, the adult disability payment will deliver a new and much improved experience for disabled people and those with long-term health conditions. That experience will reflect the human right to social security and the ethos of dignity, fairness and respect that is at the heart of the new system that we are creating and delivering. I welcome the opportunity to assist the committee in its consideration of the regulations and I am very happy take any questions that members might have.
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...