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Chamber and committees

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 27 June 2025
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Displaying 1358 contributions

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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 拢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鈥攖hey 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鈥檚 circumstances, too鈥擨 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 拢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鈥攂oth in Social Security Scotland, of course, and in the advocacy service鈥攖o 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鈥檚 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: 17 March 2022

Ben Macpherson

Budgets always have a degree of flexibility. We will consider the cost pressures in the course of the financial year, but we feel that we can absorb a 拢2.7 million increase.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 17 March 2022

Ben Macpherson

As I said in my opening statement, the carers allowance supplement will be uprated by 6 per cent. In the period ahead, the Government will give on-going consideration to the carers allowance supplement additional payment, on which we passed additional legislation a number of months ago. I am sure that we will discuss that with the committee and in the chamber in the months ahead. However, I can confirm that the carers allowance supplement will be uprated by 6 per cent.