Seòmar agus comataidhean

I appreciate that that question is relevant in this regard, but it is also, of course, relevant to the adult disability payment, which we will discuss next week. In the interests of time, and given that wider perspective, if Jeremy Balfour agrees, I would like to take that away and either update the committee on it next week or provide an answer in writing—whichever is preferable to the member and/or the committee. I will say, just for reassurance, that formal arrangements are, of course, in place on all those matters. I can elaborate on that either in writing or at a future meeting.

I will bring officials in to clarify this absolutely, but I note that during that period the individual would receive short-term assistance—which, of course, is innovative and is provided here in Scotland but not in the DWP system. Niall Wilson will elaborate on that, briefly.

I would be grateful if Emma Roddick could elaborate slightly on that, so that I am absolutely clear.

Are you asking about the case transfer process to the child disability payment?

Yes, we can confirm that today, convener. I will bring Kirsten Simonnet-Lefevre in to further clarify the position as well. In any circumstance where the individual’s entitlement is being questioned, they will of course be entitled to advocacy, as it will be available to all clients across Scotland who are certified as having a disability. The position is clear. I think that the point of dubiety from the committee this morning has been about the period of suspension; as Kirsten Simonnet-Lefevre has said, there is not a requirement for advocacy at that juncture. It is only if it progresses to the position of their entitlement being questioned that, of course, the right to advocacy will kick in.

I will bring in Niall Wilson in a moment. The intention is to obtain the information as quickly as possible from the individual in order to assist them. Of course, the individual’s circumstances will be considered by the staff in Social Security Scotland who are making judgments on those matters. Niall, please will you provide further clarity?

Thank you, convener, and good morning, members. As this is the first committee meeting that I have attended in 2022, I wish you all a happy new year, and—[Inaudible.]—Ms Don, too.

Colleagues, I am grateful for the opportunity to discuss with the committee the regulations, which reflect our continuing commitment to make improvements and to listen closely to stakeholders in order to provide a system that meets people’s needs.

The committee is aware of the Scottish Government’s strong commitment to promoting benefit take-up. The regulations are important in addressing the rare occasions when suspending assistance is beneficial for the individual involved and/or for the integrity of Scotland’s social security system. The Scottish Government is seeking to introduce the power to suspend assistance in a narrow set of circumstances in which doing so is vital to protect people who rely on our payments. Furthermore, the power is vital to ensure an efficient social security system for Scotland. The power to suspend assistance in a narrow set of circumstances will help to avoid unnecessary overpayments and will protect vulnerable individuals from the risk of abuse. Putting the measures in place is also part of being a responsible Government.

For clarity, I note that the regulations apply only to child disability payment and the Scottish child payment. We are seeking to introduce powers to suspend the adult disability payment in a narrow set of circumstances as part of the main regulations for that form of assistance, which we will be discussing next week.

It is important to recognise that we are not seeking or planning to take the same approach as the Department for Work and Pensions is taking on suspensions. Let me be very clear: the regulations are not intended to have a punitive effect or to make clients worse off. We have consistently chosen to limit the circumstances in which we can suspend assistance.

The regulations enable us to suspend payments if an individual fails to provide, within a reasonable and appropriate time period, the information that we need in order to decide whether they should get child disability payment or the Scottish child payment. In accordance with social security guidance, individuals will have a minimum of 28 days to provide information. Moreover, when we request information, we will encourage individuals to ask for more time to provide information if they need it.

Stakeholders including the Child Poverty Action Group, Citizens Advice Scotland and Inclusion Scotland told us of the importance of suspending payments in the circumstances that are covered by the regulations, because some vulnerable individuals might not take action until they see that their payments—[Inaudible.]. However, suspending payment, rather than ending assistance, ensures that individuals have a better opportunity to engage with Social Security Scotland and do not immediately lose their entitlement.

The regulations also allow for suspension of payment in cases in which ministers pay assistance to a third party. That could be done to protect someone from the risk of financial abuse or of the third party being unable to continue receiving payments. Child disability payment may also be suspended when a third party receives payment but is not engaging with Social Security Scotland when the child turns 16 and becomes responsible for managing their own entitlement.

The regulations introduce a number of key safeguards, including the right to request a review of the decision to suspend payment. Our case managers must also consider the individual’s financial circumstances before deciding to suspend payment. That is essential to avoid unnecessary hardship.

In addition to the provisions on suspension of assistance, we have taken the opportunity to make minor miscellaneous amendments to the child disability payment and the Scottish child payment regulations in order to give full effect to the original policy intent.

I welcome the opportunity to assist the committee with its consideration of the regulations, and I look forward to answering any questions that members might have.

I fully sympathise with that—those are important points. We have a wider commitment to external communications being inclusive and easy to understand for the people who access the service and the public more widely. I confirm that the guidance will be in that style and form so that people can easily understand it.

The detailed decision-making guidance has been prepared, but it is being quality reviewed and it is going through various processes to ensure that it is as it needs to be. As I said, it will be published publicly once it is finalised. To be as expedient as possible in keeping the committee up to speed, I am happy to commit to officials updating the committee as soon as a publication date is set and then to be forthcoming in providing an appropriate copy and a link to where the guidance is found in the public domain.

The Scottish Government continues to evaluate and consider how all our benefits are performing and what revisions we may need to make to regulations to make sure that they take into account the different situations of different families in different circumstances. The fact that we have brought the regulations to the committee today is evidence of that continued work to improve the benefits that we provide.

Pauline Torley might want to say a bit more about engagement or any other points that Mr Briggs has raised.

Yes, the guidance will be published to coincide with the amending regulations coming into force on 23 December. Organisations are being consulted. We intend to consult with the five family payments reference group, which includes the third sector, NHS and local government representation and the Child Poverty Action Group.