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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 14 May 2025
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Displaying 1264 contributions

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Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

I cannot speak for individual circumstances after the review, because that will be part of the review process under the eligibility rules for ADP. However, we have explored a number of options for people who might see a reduction in their award or might receive a nil award when their ADP is reviewed, and I will just set out some of those different options now.

We will support people in a number of ways. First, as I have stated, we are ensuring that individuals transfer at their current award level in the first instance, so that they can be supported through the review process. We are also, as I said in response to the deputy convener, setting out clearly in advance the support available to them through our local delivery service and independent advocacy service.

Individuals will benefit from the changes that we have made to ADP to ensure that they are treated with dignity, fairness and respect. For example, we will trust what they tell us. We will place the onus on Social Security Scotland to collect information on people’s behalf during the review and require only one piece of formal supporting information. An important point is that people will have the right to challenge any decision that sees their award reduced or results in their getting a nil award, and they will have access to short-term assistance through that process. The situation for people will, as a result, be a significant improvement on their situation had they been in the DWP system.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

As I said in my opening statement, we have thought about how this process will affect individuals. First, there is the case transfer process and then there is the review, which is what I think—if I am not mistaken—you are referring to. The very clear position is that, at the end of the case transfer process, no one should be worse off than they would have been, had they stayed with the DWP.

As for the review of cases, which of course will happen in due course, the differentiation in our system is that, if an award is increased after being reviewed, that increase will be backdated to the point of case transfer, ensuring that no one misses out. That sort of backdating does not happen in the current system.

If an award is decreased, that change will only take effect from the date of the decision, which means that there will be no overpayment that the person will be asked to repay. That clear difference will be of advantage to people.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

I would refer you to what has just been said. I would also point out that we also have to transfer people on PIP and that we need rules that are consistent and like for like with PIP. We have 300,000 PIP case transfers to undertake.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

As I said, any increase will be from the date of case transfer. In terms of a reduction or a nil award, there is the process of case transfer—which will take 13 to 17 weeks—and then there is the review, which takes time, and then any redetermination or appeal.

There might be circumstances where, under the DWP system, the time before the reduction was applied would have been longer but, in a significant number of circumstances, we anticipate that, in the event of a decrease or a nil award, people will generally be better off within our system, because of short-term assistance and the fact that we will apply the decrease only from the date of final decision rather than date of transfer or change of circumstance, which is the situation with the DWP. Kate Thomson-McDermott can say a bit more about that.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

Mr Kelly, if there is anything that you want to add from an agency perspective, feel free to do so, but members will be aware that our determination is to get more decisions right first time. The process that I have set out regarding how people have moved from DLA to PIP is background information, but we are at the beginning of the process when it comes to Social Security Scotland.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

First, I reiterate my comment about encouraging people to get independent advice and to utilise the resources that the Scottish Government is making available in that respect. What Social Security Scotland can do is advise on individual entitlement by describing to people what, given their circumstances, will be the situation for them; as I have emphasised, everyone’s circumstances will be different. However, we strongly advise people to take independent advice from the advocacy service and through the welfare provision that I outlined in my answer to the deputy convener.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

We had hoped to be able to tell the committee about this today. We are working closely with Motability to ensure that those who move on to the accessible vehicle scheme can access the transitional protection scheme provided for individuals who lose their enhanced mobility award when transferring from DLA. As Mr Balfour will be aware, there are different rules, depending on when the individual joined the Motability scheme. In most cases, however, the client will be allowed to keep the vehicle for eight weeks after the end of entitlement and will receive a £2,000 payment.

We are nearing formal agreement of this approach with Motability, and we just need to continue our discussions with it, but I will be happy to write to the committee when it is confirmed. We are seeking to do that as soon as possible.

10:30  

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

In my opening statement, I talked about the three circumstances in which people would be part of the cohort transferring under these regulations, or what we call natural case transfer. There is still managed case transfer for those transferring from working age disability living allowance to ADP, and we have considerations to undertake in that respect, but the position is clear: clients to whom any of the three different situations apply will be selected as part of this process.

Of course, we have worked to ensure that people do not have to undergo the sort of DWP-style assessment that they have when they are asked to apply for PIP. A lot of the motivation for putting the natural case transfer process in place was to prevent people from having to go through that PIP assessment process. Instead, they will simply be transferred on to ADP, after which their situation will be reviewed in due course.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

We have thought about many different options, and I will bring in Kate Thomson-McDermott in a moment to talk about the considerable amount of work that has been done. Of course, the big challenge for us was that we obtained these powers over disability benefits when the UK system was still in transition between DLA and PIP, but we have tried to make sensitive and effective decisions not only to improve our system but to ensure that case transfer is undertaken in a safe and secure way. Do you want to add anything, Kate?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

No—they will not have to make an application. The cases with regard to ADP will be reviewed under the light-touch review process that we have set out.