Social Security - Cross-Border Amendment regulations: child rights and wellbeing impact assessment (CRWIA)

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Both positive and neutral impacts.

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The amendments to Best Start Foods and Best Start Grant regulations mean that we are clear that young people who are joining family members or late applicants to the EU Settlement Scheme are entitled to apply for these benefits. This change ensures that young people in these cohorts are able to access support for their children as soon as they arrive in the UK and while waiting for a decision on their application for EU Settled Status. This has a positive impact on Article 2 of the children’s rights and ensures no negative impact to Article 26, as explained under question 2 of this impact assessment.

The addition of the new UK-Gibraltar social security agreement to the benefit regulations ensures that anyone covered by this agreement will be able to access Scottish benefits, which also ensures no negative impact in relation to Article 26 rights.

The change relating to when an award ends following suspension for not providing Social Security Scotland with required information will have a neutral to positive impact. However, the Scottish Government is saving the previous provisions for clients that have had their award suspended before the updated regulations come into force. This will have a positive impact on children or young people under their Article 26 rights, as such clients will have a consistent experience with the rules that were in place at the time of suspension.

There are a number of additional checks which take place on the day an award is suspended, including considering the risk of financial hardship and whether there are safeguarding concerns. For children and young people, this will include looking at the financial circumstances of the parent or guardian who is managing the assistance on their behalf.

The Scottish Government is ensuring that when the regulations are amended, safeguarding continues to be prioritised where Social Security Scotland has not had responses from an individual over a long period after requesting information from them. Safeguarding is of importance because Social Security Scotland does not have information to suggest why an individual might not be responding, and suspensions therefore provide a proportionate safeguard against payment of assistance to potentially vulnerable individuals where entitlement cannot be assured. The Scottish Government’s earlier CRWIA when suspensions were introduced to Child Disability Payment and Scottish Child Payment regulations considers the benefits of safeguarding in these circumstances in more detail.^[2]

As these changes will provide assurance around an individual’s ongoing entitlement and the existing safeguards of the suspension process will remain unchanged, this change will have a positive impact on rights under Article 3.1 (best interests of the child) and Article 19.1 (protection from violence, abuse and neglect). Therefore, these amendments have a neutral to positive impact on the rights of children and young people in Scotland.

9. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?

As the changes we are making rely on clients making a new application, it is possible that some clients may have a break in award. This is a change from case transfer where clients’ awards were automatically moved to Social Security Scotland. It is not possible to continue case transfer indefinitely, or set up clients’ awards automatically some other way, as we won’t have knowledge of clients who have moved to Scotland or receive any data from the DWP about them. We will mitigate any impacts on clients through backdating, prioritising applications and publicising the new process.

This policy will positively affect disabled people and their carers who are in receipt of a DWP/DfC benefit moving to Scotland from the rest of the UK or where they were missed for transfer. The policy ensures that they can apply and access disability and carers benefits as soon as they move or are identified and aims to ensure that they don’t lose out financially because they have moved to the another part of the UK or were missed for transfer. If we don’t make these changes, these clients would not receive any backdating and wouldn’t be able to get their applications prioritised, leading to breaks in payment and potential financial hardship, so the changes we are making will be a better client journey than a regular new application process. We don’t believe these changes would amount to an incompatibility.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

Please summarise mitigation actions taken below

• Payments backdated to the end of previous award if relevant information is provided within 26 weeks of the date of move or date identified as having missed transfer, and allowing additional time to complete part 2 of disability benefit applications
• 13 week run on in payment from DWP/DfC
• Prioritising applications to ensure quick processing
• Communications to raise awareness of the new process

Issue or risk Identified per article/ Optional Protocol

There is an increased risk of a break in award due to clients having to make a new application for benefit.

Action Taken/ To Be Taken

We agreed a 13 week run on period with DWP, where the client is paid for 13 weeks after their date of move, and ensured that the client has 26 weeks from the date of move, or date of identification for those missed for transfer, to self-refer to Social Security Scotland and backdating their claim to the day after DWP payments cease. DWP will refer clients to Social Security Scotland when client informs them of the move and these cases will be prioritised by Social Security Scotland to minimise delay in award.

Date action to be taken or was taken

Actions will be taken when these regulations come into force, which will be staggered across benefits.

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Not Applicable

Healthy: Not Applicable

Achieving: Not Applicable

Nurtured: Not Applicable

Active: Not Applicable

Respected: Not Applicable

Responsible: Not Applicable

Included: Not Applicable

Applicable answer: Yes

If yes, please provide and explanation below:

Children and young people moving to Scotland while in receipt of a DWP disability or carers benefit and those missed for transfer will have a clear process for accessing Scottish benefits quickly. They will have guidance available about the need to make a new application and support with completing the application if necessary.

The amendments to Best Start Foods and Best Start Grant regulations mean that we are clear that young people who are joining family members or late applicants to the EU Settlement Scheme are entitled to apply for these benefits. This change ensures that young people in these cohorts are able to access support for their children as soon as they arrive in the UK and while waiting for a decision on their application for EU Settled Status.

As the suspensions process will remain the same, individuals are provided opportunities to re-engage with requests for information and are able to tell Social Security Scotland if they would face financial hardship where a suspension is being considered. Safeguarding is of importance because Social Security Scotland does not have information to suggest why an individual might not be responding, and suspensions therefore provide a proportionate safeguard against payment of assistance to potentially vulnerable individuals where entitlement cannot be assured.

The only change arising is to the date an individual’s assistance will end following the period of suspension where this particular scenario arises, which ensures the positive impact of safeguarding continues to be prioritised while providing assurance around an individual’s ongoing entitlement.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

The CRWIA will be published on www.legislation.gov.uk website and has been written using as accessible language as possible for children and young people. Therefore, children and young people can access the CRWIA and understand its content which outlines how the conclusion of impact was reached in the assessment.