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Neurological Alliance of Scotland submission of 9 December 2021

PE1854/I - Review the adult disability payment eligibility criteria for people with mobility needs

Thank you for your letter of 19 November 2021 regarding Petition PE1854 for which we have previously submitted evidence.

We are pleased to have been asked for our views on whether we believe changes to the eligibility criteria for new disability benefits in Scotland, would a) risk other reserved/passported benefits being withdrawn and b) if so when this might happen.

The situation with passporting to reserved benefits is very complex and individual – and the Neurological Alliance of Scotland does not have specific expertise on benefits beyond drawing on our member charities, some of which provide income and benefits advice. We would recommend that the committee seek expert independent advice from an organisation specialising in benefits legislation.

Our understanding, in line with that held by the MS Society and other members, is that a PIP award can provide a passport to certain reserved benefits administered by DWP, including disability premiums. However, in almost all cases, passporting happens only on the basis that the PIP award includes the daily living component. The 20m rule does not relate to the daily living component of PIP, but enables claimants to access the enhanced rate of the moving around / mobility component. Adult Disability Payment retains this distinction. In addition, benefits such as Job Seekers Allowance, Income Support, Working Tax Credit and disability premiums are all legacy benefits which will be lost as people transfer to Universal Credit.

Given all of this, we do not believe that changes to the 20m rule would impact on passporting to reserved benefits.

We would also draw attention to the impact that an enhanced rate PIP mobility award makes in terms of passporting to devolved benefits. These are the Motability Scheme (which will be replaced by a similar scheme in Scotland as ADP is introduced) and the blue badge scheme (which is run by local councils, but is an area of devolved competence). In this respect, the impact of the 20m rule has not just been financial. People with neurological conditions who were deemed to be able to walk more than 20m lost out on access to a vehicle, including adapted vehicles – and potentially their ability to access work, family and social activities and essential services like medical appointments, prescriptions and shopping. A blue badge can be the thing that makes everyday services accessible to someone with mobility issues. Getting a blue badge becomes much more complicated without passporting to it, and the lengthy form and prospect of an assessment interview can stop people applying.

All of this is happening in the context of the UK Government’s recent Green Paper - Shaping Future Support, with a white paper expected in mid-2022 which could see big changes to disability payments. One of the proposals under consideration is merging current working age disability payments into a single benefit – which would merge PIP and ESA / Universal Credit. How this would impact on disabled people in Scotland who have eligibility for both benefits is currently very unclear.

The Green Paper states that the UK Government is looking for a “more affordable” system of disability benefits overall – if it implements this, it is likely to mean further reductions in eligibility and / or reduced awards in England and Wales. It is therefore, of concern to us that the Scottish Government believes it must maintain like-for-like criteria for ADP and PIP. We are concerned that this position essentially ties Scottish Government to acting in line with UK Government on disability benefits moving forwards, which will be very problematic if further changes to disability benefits in the rest of the UK are made. When the proposed independent review of ADP takes place in 2023, it is likely that there will be even greater disparities as the UK Government’s proposals for disability benefits will be known in more detail.

With all of this in mind, we would reiterate our call for the Scottish Government to use its powers to drop the 20m rule in the spirit of dignity, fairness and respect.