$name
Letter from Scottish Commission on Social Security providing an update on scrutiny timelines
Letter from Scottish Commission on Social Security (SCoSS), 12 October 2021
Dear Convener,
Firstly, I wanted to thank you for the recent opportunity to meet with you and the Committee to discuss the role of SCoSS in the development and delivery of a Scottish Social Security system based on fairness, dignity and respect. We also discussed the recent pressures on the Commission arising from a heavy workload, for which it has not always been possible to plan, combined with the ongoing need to secure sufficient, stable secretariat support.
In that context, my main purpose in writing to you is to advise you on timelines related to two sets of draft regulations that were recently referred to us for scrutiny:
- The Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2021 referred on 3 September 2021
- The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 referred on 13 September 2021.
On the BSG and SCP draft regulations, our aim is to lay our report on 24th October. On the Afghanistan regulations, SCoSS were asked to scrutinise these after they were laid in parliament. We propose to report on these by mid-November. Separately, we were issued regulations dealing with the same issues as they apply to Adult Disability Payment. Timing did not permit us to consider these in our scrutiny report on the draft ADP regulations (submitted on 1 October 2021) so we will incorporate any remarks on these within our wider scrutiny report on Afghanistan regulations.
We appreciate the real time constraints on Scottish Government in laying these regulations. The Social Security (Scotland) Act 2018 does, of course, provide for Scottish Government to lay regulations before SCoSS has had time to scrutinise and report on them, though this is clearly undesirable as it means any issues we identify cannot be addressed beforehand, and may therefore necessitate further amending legislation. Nonetheless, scrutiny after laying regulations may still add value in enabling issues to be addressed sooner than later.
In addition, following recent clarification of an outstanding matter, we hope to be in a position soon to lay our report on the draft Suspension of Assistance (Disability Assistance for Children and Young People) (Scottish Child Payment) (Scotland) Regulations 2021.
SCoSS has continued to deliver its scrutiny work despite pressures on our capacity. We aim to maintain our high standards of providing advice on draft regulations which is timely and of clear and additional benefit. To that end we continue to work with Scottish Government officials to identify and put in place ways to improve support to SCoSS, and I am grateful to them for this.
As raised in the informal session I attended, it would be helpful to establish ways of working with the Committee. I would welcome an opportunity to meet with you as Convenor (along with any Committee members you would like to involve) to explore this further, in the context of our respective work-plans.
I have written separately to the Minister for Social Security and Local Government similarly to update them on our reporting timelines.
I hope this is helpful.
Kind regards
Dr Sally Witcher OBE
Chair, Scottish Commission on Social Security