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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.

We are engaged with the relevant stakeholders on that matter; on-going consideration is being given to it. Guidance will be made public, and the advocacy service that we are providing will be there to support people. That support will include ensuring that people are aware of how long they have to respond and that they are encouraged to contact Social Security Scotland if they are having any difficulties in responding.

There has been significant consideration of that issue as the regulations have been developed and in response to the Scottish Commission on Social Security’s recommendations. The member will be aware that, in our response to SCOSS, we extended the position and committed to providing a minimum of 28 days for people to respond to requests for information. I stress that that is a minimum. As I said in my opening statement, we will encourage individuals to ask for more time if that is required. Social Security Scotland will have regard to the individual’s circumstances, so it will extend that period when it is reasonable to do so.

We will also withdraw requests for information if they no longer appear to be reasonable. For example, an individual might have told Social Security Scotland that they do not have the requested information. We will explain clearly to individuals what information is being requested and why. As I said, individuals will be encouraged to contact Social Security Scotland if they think they will have trouble in providing the requested information within the requested time and, importantly, if it is likely that a suspension would cause hardship.

I want to reassure the committee that advocacy will be available to all clients who self-certify as having a disability, including individuals who are applying for, or are in receipt of, the Scottish child payment. The advocacy position is strong. Kirsten Simonnet-Lefevre will say a bit more about that.

With the CDP, we are seeking that cases be transferred as quickly as possible. When we launched the child disability payment—similar is happening as we move towards launching adult disability payment—our strong advice is that people should wait to be transferred because that will be a better experience for them. It will be done seamlessly and Social Security Scotland will manage the process. We are very keen to stress to people that they should wait until case transfer is undertaken.

Choosing to end a DLA or personal independence payment claim in order to claim CDP or ADP is always an individual’s choice. Our concern, however, is that, in doing so, people will expose themselves to unnecessary risk that a carefully managed case transfer programme avoids. For example, if someone bypasses the case transfer process, they will be required to make a new application and to provide information and evidence on their care and mobility again, which might cause undue stress or anxiety. Of course, there is no guarantee that the person will be awarded CDP or ADP—although it would be more likely than not that they would—or that it would be paid at the same rate. There would be no guarantee of that.

For all those reasons, we think that it is much better if people wait until our case transfer process takes place in order to ensure that they have the best experience when moving from the DWP to Social Security Scotland. I am grateful to the third sector, parliamentarians and other stakeholders who are helping to emphasise to people that it is much better for them to let us manage the process of transferring their entitlement to Social Security Scotland, and that that will be done seamlessly.

As I said in my answer to Emma Roddick, as far as I am aware there is no prioritisation within the case transfer process with regard to circumstance or condition, but there are, of course, case transfer considerations around, for example, natural case transfer for people who are approaching a review date on their DWP award. That is why I suggested that it might be helpful to the committee to discuss case transfer in the round at a future juncture. I should be clear that, as far as I am aware, there is no prioritisation in the way that Pam Duncan-Glancy alluded to within the case transfer process as things stand.

As has been stated to Parliament on several occasions, we intend to have all case transfer completed in 2025. That is the—[Inaudible.]—from disability living allowance for children to child disability payment. We are working to complete that by spring 2023.

There is a detailed process of engagement between the DWP and Social Security Scotland on the batches of cases that are being done. It is being done in a way that is coherent and professional. In terms of prioritisation being based on need or any considerations around that, that is not a relevant factor. The position is that transfer of people who are in receipt of disability living allowance for children to child disability payment transfer is being done in a practical and systematic way in order to meet our aspiration for completion in spring 2023 for that Scottish benefit.

Thanks to Pam Duncan-Glancy for those questions. I think that that is a question that is broader than the set of regulations before us today and is particularly relevant to the adult disability payment regulations that we are considering next week. If it is appropriate and if it is agreeable to you and the committee, I would be happy to touch on case transfer when we consider the adult disability payment regulations next week. Also, if it would be helpful for the committee, I would be happy at a future juncture beyond 27 January to come to the committee to discuss case transfer as a topic in general beyond the consideration of specific regulations. The process and the assistance from the officials that I will have with me next week means that I will be better placed to touch on these matters then.