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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 11 August 2025
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Displaying 1311 contributions

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Social Justice and Social Security Committee

Low Income and Debt Inquiry

Meeting date: 23 June 2022

Jeremy Balfour

Good morning, minister, and good morning again, cabinet secretary. It feels like the good old days when we all used to be on the committee together. It is nice to see you here.

It is clear that the digital path to applying for benefits is the way forward and that it saves many people a lot of time. However, there are people with disability issues and older people who find filling out forms online really hard or who are digitally excluded. How do we strike a balance so that we do not exclude people from applying for benefits because they cannot use the online system? Will the Government make a commitment that people will still be able to use the telephone or a paper form, if that is appropriate?

Social Justice and Social Security Committee

Low Income and Debt Inquiry

Meeting date: 23 June 2022

Jeremy Balfour

Thank you both.

Social Justice and Social Security Committee

Low Income and Debt Inquiry

Meeting date: 23 June 2022

Jeremy Balfour

I will just ask that one first.

Social Justice and Social Security Committee

Resource Spending Review

Meeting date: 23 June 2022

Jeremy Balfour

I appreciate that.

I will finish by remarking that although, according to the Scottish Government, it might be easier to apply in the new system, a no is still a no. None of the criteria with regard to benefits has changed under ADP compared with PIP. I might get a nicer letter from Social Security Scotland saying no, but it will still be a no. The disability community is looking for some work on that.

Social Justice and Social Security Committee

Low Income and Debt Inquiry

Meeting date: 23 June 2022

Jeremy Balfour

Thank you.

Social Justice and Social Security Committee

Low Income and Debt Inquiry

Meeting date: 23 June 2022

Jeremy Balfour

I absolutely understand that. Maybe you could come back to the committee in writing on this, but my understanding is that there is a duty on local authorities to take action and that, by taking court action, they become a secured creditor with regard to any debt that builds up. Obviously, that then leads to pressure and burdens on people. Is that understanding correct? If so, has any thought been given to waiving that duty, even for the short term as we go through this crisis, and would that require statutory changes?

Social Justice and Social Security Committee

Low Income and Debt Inquiry

Meeting date: 23 June 2022

Jeremy Balfour

We had a long discussion with a number of groups about the issue of bankruptcy and how it works, and I have a couple of questions on that issue. On the fees for applying for bankruptcy, what consideration has the Scottish Government given to removing the restriction that someone can go through a minimal asset bankruptcy only once every 10 years? Could that length of time be reduced? If it was, would that require primary legislation, or could it be done by secondary legislation?

Social Justice and Social Security Committee

Low Income and Debt Inquiry

Meeting date: 23 June 2022

Jeremy Balfour

My second question is on an issue that came as a bit of a surprise to me when we heard evidence. At the moment, a lot of the debt that people are dealing with is council debt—it is council tax debt and rent arrears. This is a genuine question and I ask it out of ignorance. Is there a legal duty on councils to pursue that debt? Do they have to pursue it vigorously? If not, have you had any discussions with COSLA with regard to at least mitigating the pursuit of that in the short term? Clearly, things may change in the months ahead, but we have received evidence that, at the moment, most of people’s debt is not private debt but is owed to local authorities. From a purely legal perspective, do they have to pursue that? What discussions, if any, have you had with COSLA on that?

Delegated Powers and Law Reform Committee

Interests

Meeting date: 14 June 2022

Jeremy Balfour

I have no interests to declare, convener.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 9 June 2022

Jeremy Balfour

Good morning, minister, and good morning to your team, too.

I have two questions. First, I want to follow up the deputy convener’s second question to try to get into my head and understand what advice people will be given on whether they should transfer or not. Clearly the ultimate decision will be made by Social Security Scotland when it reviews all the papers.

This is an issue that you will appreciate from your legal days, minister. If I phone up and ask, “Should I transfer across?” and the adviser takes me through the process, is that not just the adviser’s decision? It is not the decision of Social Security Scotland. Will it be made very clear to the individual concerned that what has been advised will not definitely happen and that it is only the adviser’s opinion?