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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 4 May 2021
  6. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1632 contributions

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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.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

Of course, it all depends on an individual’s circumstances, too—I cannot speak generically. I am sorry to interrupt you.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

Certainly. It is important that we prioritise the case transfer of any individual who would otherwise be required to apply for a PIP under the DWP business-as-usual rules. I know that colleagues will appreciate that. We have already made significant improvements to the assessment process for ADP and will apply the eligibility criteria fairly and consistently to all those entitled to ADP to ensure that the impact of a disability or health condition on an individual, including the impact on mental health conditions, learning disabilities and fluctuating conditions, are taken fully into account.

As Pam Duncan-Glancy has rightly emphasised, we have given a firm commitment to a wide-ranging independent review of ADP commencing one year after the national launch of ADP. In recent days, I have been in active discussions on that matter with officials, but in light of the extensive feedback that we received, we have made a further commitment to a two-stage review, with work beginning later this year, to identify what improvements can be made on the mobility criteria and what should be included in the scope of the stage 2 independent review. We will provide details on both as soon as we are in a position to do so. I appreciate that members, stakeholders and people more broadly are interested to get an update on the first stage, and I certainly give an undertaking to do that as soon as I can.

10:45  

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

As I laid out in my answer to the deputy convener on the first questions on these regulations, our resourcing of the independent advocacy service has been set out and budgeted for and is being provided and scaled up. I have already talked about the £12 million that we have provisioned for welfare advice and the engagement with stakeholders that is being undertaken by officials. The agency and the Government have a very close relationship with relevant stakeholders, and the fact that, as we understand it, there will be around 100 transfers per month means that we have capacity in the systems in Scotland—both in Social Security Scotland, of course, and in the advocacy service—to be able to provide that support to those people.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

It depends on the individual circumstances. We have to evaluate every case on the merits of the individual’s position and the fact that we will be doing every review from a position of trust. We have some awareness of what has happened with PIP but our system has differences built into it. I think that you heard about some of the implications of that from the Scottish Fiscal Commission earlier in the meeting.

We know that, going from DLA to PIP, about a third of people have received an increase, a third have received a decrease and a third have stayed the same. However, as I said, we will treat every case individually, as people would expect. We will project where we can, but we want to make sure that people are processed individually within their circumstances, and we do not want to prejudice that.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

Is it not for me to bring in my officials if I wish to?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

That is an important question, given that we are still involved in a joint delivery programme with the DWP. Case transfer is a joint project between us and the DWP. We work closely together to develop our processes and guidance to make sure that people get consistent answers to their questions. Individual client communications that have been developed by each organisation are shared to ensure that we give the same messages.

I will give an example of our joined-up approach. When an award is selected for transfer, the DWP will write to the client to let them know that their DLA allowance has been selected for transfer and will be coming to an end. We will then write to the person to introduce them to Social Security Scotland and to provide information about the transfer process. That is an example of how the two organisations will work together to ensure that people are informed and properly apprised of the process that they will be going through.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

Yes. I am sorry—I should have made it clear that the agency cannot advise on entitlement, because people have to go through the process. Again—and I just want to be absolutely clear and correct with regard to my previous answer—the agency cannot advise on entitlement, because people have to go through that process.

I will bring in Kate Thomson-McDermott if she has anything further to add, but what I will say is that, through our work and engagement with stakeholders, we are doing what we can to ensure that those to whom people turn for that advice, including our independent advice service throughout Scotland, are well apprised of the process, so that they can help people make decisions according to their individual circumstances.

Kate, do you have anything to add?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

We will consider the effectiveness of our communications as part of our wider evaluation of the case transfer process, which will form part of our wider published strategy for evaluating the policy impacts of the devolution of disability benefits.

11:00  

We are developing plans for the case transfer evaluation, which will include a focus on individuals moving from DLA to ADP, and it is expected that the evaluation of the case transfer process will draw on data from multiple sources, including management information, Social Security Scotland research activity and qualitative evidence from those who have experience of the case transfer process. We expect to publish an evaluation report on the case transfer process in summer 2023, and are continuing to consider appropriate reporting timelines in line with our developing evaluation plans.

In terms of the statistical question, quarterly reporting of ADP statistics will begin from 14 June 2022. The content of these statistics will expand over time and we intend for information on case transfers and reviews to be included in future cycles of that reporting. As part of that, we expect to include information relating to the change in clients’ awards following post-transfer reviews.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Ben Macpherson

Certainly. As you would expect, we have developed a strategic communication and engagement plan for case transfer, which covers how we plan to communicate key messages and timings, as well as our plans for stakeholder engagement, which is very important, and paid-for marketing communications activity.

In addition, we are developing a wide range of clear communications to help to support people who transfer from DLA to ADP. Those include easy-to-read notifications, so that clients know what is happening at every part of the transfer journey, and—this is consistent with the Scottish Commission on Social Security’s recommendations—a specific leaflet to explain the differences between DLA and ADP. The leaflet will also encourage people to get independent advice before making a decision to ask to have their award transferred.

We will also undertake a series of stakeholder roadshows, beginning this month, which will outline the transfer process for the group in question to our key stakeholders. In addition, there will be a stakeholder toolkit, which will include specific fact sheets, video content and frequently asked questions. We are developing specific case transfer guidance to provide stakeholders with further information on the case transfer process. That guidance will be hosted on the socialsecurity.gov.scot website.

We know that the client group that we are talking about in the context of the regulations before the committee can be particularly difficult to reach, so we will rely on our public and third sector partners to help to get the word out. As the Government undertakes that work, we encourage MSP colleagues—as we do across social security—to continue to raise awareness in their constituencies and regions.