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Social Security Administration and Tribunal Membership (Scotland) Bill

The aim of the Bill is to:

  • make changes to the social security system
  • expand the range of people allowed to act as judges in Scottish Tribunals

This is a Government bill

The Bill became an Act on 10 November 2020

Introduced: the Bill and its documents

Overview

The aim of the Bill is to:

  • make changes to the social security system
  • expand the range of people allowed to act as judges in Scottish Tribunals

The social security changes would:

  • expand the situations in which one person can be appointed to apply for and receive assistance on behalf of another
  • make clear that the Scottish Government does not need to reveal information about someone’s health if doing so would be harmful
  • make consistent rules for dealing with fraud for different kinds of social security
  • allow more healthworkers to verify who is eligible for disability assistance

Why the Bill was created

The legal basis for the Scottish Government’s social security system is the Social Security (Scotland) Act 2018.

The Scottish Government has been developing its plans to administer disability assistance. It is also developing plans for a new Scottish Child Payment. The Scottish Government has identified some changes that it wants to make to the framework of the 2018 Act. The Bill would make those changes.

The change to expand who can act as a judge in Scottish Tribunals is to ensure the Tribunals system has enough judges in coming years.

Accompanying Documents

Explanatory Notes (109KB, pdf) posted 27 April 2020

Policy Memorandum (288KB, pdf) posted 27 April 2020

Financial Memorandum (215KB, pdf) posted 27 April 2020

Delegated Powers Memorandum (198KB, pdf) posted 27 April 2020

Statements on legislative competence (89KB, pdf) posted 27 April 2020

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Social Security Administration and Tribunal Membership (Scotland) Bill SPICe briefing

The Bill was introduced on 27 April 2020

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Social Security Committee. The lead committee considers and reports on the Bill.

Call for views (closed)

The consultation closed on 14 May 2020.

Read the responses

Who spoke to the lead committee

Work by other committees

Delegated Powers and Law Reform Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 24 June 2020 to consider and decide on the general principles of the Bill.

  • Motion title: Social Security Administration and Tribunal Membership (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Social Security Administration and Tribunal Membership (Scotland) Bill.           
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Monday, 22 June 2020
  • Motion reference: S5M-22121
  • Current status: Taken in the Chamber on Wednesday, 24 June 2020

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 24 June 2020

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

Documents with the changes considered at the meeting that was held on 10 September 2020:

Marshalled List of Amendments for Stage 2 (275KB, pdf) posted 07 September 2020

Groupings of Amendments for Stage 2 (302KB, pdf) posted 07 September 2020

Revised Documents

Revised Explanatory Notes (208KB, pdf) posted 23 September 2020

Revised Financial Memorandum (142KB, pdf) posted 23 September 2020

Revised Delegated Powers Memorandum (190KB, pdf) posted 29 September 2020

The Bill ended Stage 2 on 10 September 2020

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the changes considered at the meeting held on 29 September 2020:

Marshalled List of Amendments for Stage 3 (156KB, pdf) posted 23 September 2020

Groupings of Amendments for Stage 3 (179KB, pdf) posted 23 September 2020

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: The Social Security Administration and Tribunal Membership (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Social Security Administration and Tribunal Membership (Scotland) Bill be passed.
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Monday, 28 September 2020
  • Motion reference: S5M-22845
  • Current status: Taken in the Chamber on Tuesday, 29 September 2020

Result 109 for, 0 against, 0 abstained, 20 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

Printing changes

Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.

Social Security Administration and Tribunal Membership (Scotland) Bill printing changes after Bill as passed (100KB, pdf) posted 11 November 2020

The Bill ended Stage 3 on 29 September 2020

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.