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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 20 April 2025
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Displaying 858 contributions

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Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

I am not able to say that at the moment, because the form is still going through the design process. However, I give an absolute assurance that every page will have been tested with folk who have co-designed it with us, and they will have assisted us in working out how best to set out the form. I am hopeful that, given what we have done in relation to the previous benefits, people will know that we design the forms with various people, including stakeholders, and that they are designed in a certain way because that is the way that the individuals think they work best. I am happy to keep the committee updated on that as we go through the process and the forms are finalised.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

Thank you, and good morning. The regulations enable us to commence delivery of pension age disability payment for new applicants from 21 October, initially in Argyll and Bute, Highland, Orkney Islands, City of Aberdeen, and Shetland Islands. We will then introduce pension age disability payment with one further phase before rolling it out nationally on 22 April 2025.

Our priority, as always, is the safe and secure transfer to pension age disability payment, which means that the rules for eligibility are broadly similar to those for attendance allowance. However, the passage of the regulations will enable us to take a very different and more compassionate approach to the delivery of disability assistance for older people.

Across all forms of disability assistance, we have heard time and again that the previous Department for Work and Pensions scheme is complicated and stigmatising and that it can be difficult to access. The recent proposals by the DWP are yet another example of the United Kingdom Government’s punitive approach to social security and we completely reject those heartless proposals.

In Scotland, we actively and vigorously encourage people to apply for the benefits that they are eligible for and we strive to make applying for them as easy as possible, supporting people at every step of the way. To that end, people will be able to apply in the way that works best for them, whether that is online, by post, over the phone or face to face, ensuring that no one is digitally excluded from the assistance that they are entitled to.

Our local delivery staff will provide one-to-one support, including assistance to complete application forms and take forward any follow-up actions. Establishing a third-party representative is being streamlined into the application process, which will mean that people who require that can gain support from friends and relatives from the outset, while maintaining their financial independence. We continue to fund an independent advocacy service that further supports people in accessing social security.

We are establishing a system that is rooted in trust with a focus on person-centred decision making. Where needed, Social Security Scotland will support people in identifying supporting information, or it will gather that information for them. As with our other disability benefits, when making a determination of entitlement, equal consideration will be given to all sources of information.

Applications from people with a terminal illness will be fast-tracked so that they can access the support to which they are entitled as quickly as possible. We will use our devolved Scottish Government definition of “terminal illness”, which removes the arbitrary 12-month timescale that is currently used by the DWP and allows us to get expedited help to those who need it the most.

The 160,000 people in Scotland who are already getting attendance allowance do not need to do anything. The regulations make provisions so that we can begin transferring their awards to Social Security Scotland and get them on to pension age disability payment. That will happen in phases from early next year. The process happens automatically and ensures that everyone will continue to be paid the right amount at the right time.

This is the fifth benefit transfer process that we have designed, and our processes continue to improve with experience. We have had good feedback from those whose awards have already transferred, with a significant majority of people in a recent survey saying that they felt informed and reassured about the case transfer process. Our approach for the regulations has been supported by the Scottish Commission on Social Security and many responses to our public consultations, and by our on-going engagement with stakeholders.

From day 1, pension age disability payment will offer an entirely new experience for older disabled people in Scotland; an experience that reflects the human right to social security and the ethos of dignity, fairness and respect, which is now firmly embedded in our social security system.

I welcome the opportunity to assist the committee in its consideration of the regulations.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

I accept that that is how the system is designed at the moment, and we plan to continue with that approach. I go back to the point that there are different eligibility criteria for adult disability payment and for pension age disability payment. We are keen to ensure that we are not taking anything away from someone as they age. It is fair to say that people who are receiving adult disability payment before they pass to state pension age will still receive the specific rate of the adult disability payment mobility component as long as they continue to satisfy the eligibility criteria, because we do not want to take something away from someone as they get older.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

I have met campaigners on the issue for many years now, since we first began discussing social security disability benefits, and I have always said to them that the Government is keen to look at what changes can be made. There are two areas in particular that we need to look at as we go through the process. One is the cost factor. I am happy to go into that in further detail when we talk about Motability, or we can come on to it later, but it is important that we have that on the record.

The other aspect is the ability for those who have a devolved benefit to continue to receive passported reserved benefits. Those are two areas—although not the only two areas—that we are exceptionally keen to keep in mind. We want to be open with stakeholders about the financial context that the Government is in, and we want to ensure that what might seem like a good idea has no unintended consequences, given that there may be a disbenefit if something impacts on passported benefits.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

I would not consider it to be the single biggest factor, but it undeniably needs to be looked at. I consider the principles in the Social Security (Scotland) Act 2018—Mr Balfour was a member of the Social Security Committee when the Parliament passed that act—as our touchstone when looking at potential changes. I consider whether any changes will ensure that we still have a system that has dignity, fairness and respect, or how we can build more of that into the system.

I can, however, give examples of why cost needs to be looked at. The Scottish Fiscal Commission provided a full costing for pension age disability payment in its December 2023 publication, in which it estimated the 2024-25 expenditure to be £754.9 million, rising to £918.4 million by 2028-29. Costings for that financial year include a projected £87.1 million additional investment in Scotland when compared to the funding that is received from the block grant.

In some of our exchanges of a more combative nature in the chamber, Mr Balfour tells me that nothing has changed. I point out to him that the Scottish Fiscal Commission clearly thinks that something has changed, given that it thinks that PADP will cost us an extra £87.1 million because of the changes that we have made, such as the new terminal illness definition, the introduction of short-term assistance and the improved supported application process. Therefore, even making the changes that we have, which are in essence to do with not eligibility but how we run the system, has already built in an additional cost of £87.1 million.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

We need to get past the case transfer process first. At this point, more of the conversations that we are having with the DWP are because of the changes that it is about to make to reserved benefits. For example, if the DWP, following recent pronouncements from the United Kingdom Government, reduces the ability for people with mental illness to qualify for personal independence payment, but we still have the same ability within ADP—which we are absolutely committed to—what does that mean? Does it mean that the UK Government would make changes to the way that it treats people who qualify? There is a real and present danger, given some of the recent pronouncements from the DWP on changes to PIP and to work capability assessments, so that is what the conversations have been on at the moment.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

The member raises an interesting point, and I am grateful to stakeholders for discussing this area with me. We did not just discuss social security; we discussed other ways to support older people. Some of that is done through the transport system, and some of it can potentially be done in other ways. Mr Doris is quite right to point out that social security is but one way to support people and that there may be other ways to do that that do not come with the same eye-watering figure.

It is a challenging situation, given the financial constraints, but stakeholders have taken the approach of asking the Government to consider the matter in the round, and I have committed to doing that. I think that Mr Doris is also asking me to do that.

09:30  

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

We would be delighted to take up that suggestion. Anything that we can do with any stakeholder or interested party to assist in uptake would be greatly welcome, so I am happy to follow that up with Ms McNair after the meeting.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

The disability benefits that we have exist to ensure that we support people who have long-term disabilities or health conditions and the qualifying periods exist to ensure that assistance is targeted at such people. We have the qualifying periods because, if we did not, we could get into a situation where people who have short-term conditions would be eligible and would receive assistance for short periods. That is not the way that the current DWP system is set up, and it is one aspect that we feel it was right to transfer over to ensure that we focus our support on those who have long-term disabilities or health conditions.

I point out that, although there is a longer qualifying period for PADP than for child disability payment and adult disability payment, that goes hand in hand with the fact that there is no qualifying period into the future, as there is with CDP and ADP. That is one of the reasons why we have the slight difference in approach.

I come back to the question whether any change in the system would impact on the DWP’s current position to ensure automatic passporting. If we had a shorter qualifying period, would that run into difficulty? That has not been tested, but I raise it as a concern that we have in our minds, particularly as we go through case transfer, to ensure that people who are applying for the benefits have the same rules and that there is, therefore, no danger of getting into that difficulty with the DWP.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 16 May 2024

Shirley-Anne Somerville

We need to look at eligibility. There is no mobility component to the pension age disability payment, so it is challenging to see how local authorities could determine whether an individual’s mobility needs satisfied the blue badge criteria based on the PADP award. That is the same for attendance allowance. That is the reason why there is not an automatic entitlement process.

In a recent meeting with Age Scotland, which I mentioned earlier, we discussed the blue badge scheme and whether more could be done to assist people through increasing knowledge of the scheme and the fact that, although there is not an automatic entitlement, it is still available for them to apply to. The agency will look at the award letter that comes through after someone gets PADP to ensure that it signposts them to information on the blue badge scheme and how an individual could apply to it.

Although entitlement is not automatic, because there is no mobility component to the benefit, the agency will look at what it can do after an award to signpost people to the blue badge scheme. I am happy to carry on that conversation with stakeholders to consider whether more can be done to ease that process. As we have discussed in committee before, I am keen on the automation of benefits and moving people along as fast as possible. If that is not appropriate in this case, which I do not believe it is, I am keen to carry on the conversation with them about what more we can do.