Social security - cross-border amendment and case transfer revocation: Equality and Fairer Scotland Duty impact assessments considerations

Equality Impact Assessment (EQIA)

Background

This impact assessment update builds on the work already done in the published impact assessments. To consider these further updates we considered the information available about people who move to Scotland from the rest of the UK as well as the user research which has been carried out on a small number of CDP cross-border clients.

In addition, data was gathered from a range of sources including those used in the initial EQIAs for the principal regulations. Sources included:

• Internal Migration in Scotland and the UK: Trends and Policy Lessons
• The Scottish Health Survey 2022
• User research carried out on CDP cross-border clients in Summer 2024
• Women’s Budget Group
• National Records for Scotland information about migration flows from the rest of the UK to Scotland

The following sections sets out the most recent findings of our equalities impact assessment of each change by protected characteristic.

Age

Change 1: Amendments to add the Social Security Agreement between the United Kingdom and Gibraltar into the relevant benefit regulations.

We have not identified any negative impacts from this change on those with this protected characteristic.

Change 2: Amendments to the Best Start Foods and Best Start Grant regulations to make clear that people who have made a valid application to the EU Settlement Scheme and people who are joining family members are able to apply.

The majority of applicants to the Best Start Grants and Best Start Foods will be in receipt of a DWP benefit and no information is gathered about their immigration status. A small number of young people aged under-18 are able to access these benefits without a qualifying benefit, in which case they will need to satisfy residence and presence criteria. This amendment to the BSF and BSG regulations clarifies that any young applicants who have recently arrived in the UK as a joining family member of someone with leave under EU Settlement Scheme, or anyone with a pending application to EUSS, will be able to apply. These people are already entitled to these benefits under the UK-EU Withdrawal Agreement, but these changes make it clear on the face of legislation. While we have not been able to identify any clients in this category and believe that we have correct processes in place so that no one would be incorrectly denied, we believe making this change will have a positive impact on young people accessing these benefits in the future by ensuring that no one is incorrectly denied.

Change 3: Revocation and savings of Case Transfer, regulations relating to individuals to whom a DWP or DfC benefit is still paid after the Coming into Force date, and amendments to the regulations relating to individuals to whom a DWP or DfC benefit was paid in another part of the UK before moving to Scotland.

We expect the number of people who should have had their award transferred but did not to be very low, and no one age group is more likely than another to have had their case missed. We do not therefore believe the revocation of case transfer or the process for missed transfers will impact a particular age group.

Most people who arrive in Scotland are aged between 18 to 29. Migration from rUK has two peaks: ages 18-20 (related to student migration), and those in their late 20s and early 30s^[3]. Only a small number of this group will also be in receipt of disability benefits – we expect that majority of cross-border clients will be between 16 and 66 years of age based on the estimated numbers of clients each month^[4]. We expect only a small minority to be children or above state pension age.

Clients who currently move to Scotland from the rest of the UK while in receipt of Child Disability Living Allowance (cDLA) go through a cross-border process where their CDP award is set manually set up based on information shared by the DWP. While the number of clients going through this process has been small since it was put in place in July 2023, the clients have reported experiencing issues with this process. They have experienced delays reporting the change of address to the DWP, and their CDP award being set up. While these clients will now need to make a new application instead of having their CDP award set up based on their previous award, they will benefit from a new clearer process which aims to avoid any gaps in payments.

Older people may face some specific challenges when they move to Scotland from the rest of the UK, particularly around digital accessibility when it comes to applying. There are existing measures in place to mitigate this, such as having different channels to apply – over the phone, online, paper, or with the support of Local Delivery. We are also supporting clients over the state pension age on PIP or DLA moving to Scotland by amending regulations to allow them to apply for ADP or request a new award of Scottish Adult DLA, and we’ve included provisions to allow those individuals to access the mobility component in their first determination, where they were receiving this at the time of the move, to protect their existing entitlements. This means that these individuals won’t lose their mobility component just because they are over the state pension age at the time of their move.

Change 4: Carer Support Payment beginning of entitlement provisions.

Amendments are intended to prevent gaps in entitlement between Carer’s Allowance and Carer Support Payment for cross-border clients and clients whose benefits did not transfer from Carer’s Allowance. They are also intended to prevent the need for clients to re-apply for support where they are not eligible on application, or the date entitlement would otherwise begin, but will be on a future date within 13 weeks. The majority of current Carer’s Allowance recipients are aged between 18 and 65. 79% of carers who have ‘underlying entitlement’ to the benefit (by which they have entitlement but do not receive payments due to receipt of another ‘overlapping’ benefit, such as State Pension) are aged over 65. We have not identified any negative impact of the advance application provisions on any particular group due to age.

Change 5: Carer Support Payment temporary stops in entitlement provisions.

Provisions will allow for an award of Carer Support Payment which has ended due to a gap in the qualifying disability benefits of the person they care which is the result of a move to Scotland or a missed case transfer, to be reinstated without an application. We have not identified any negative impact of these provisions on any particular group due to age.

Change 6: Regulations relating to when an award can be ended relating to specific suspension scenarios.

The ability to suspend an individual’s assistance exists in disability benefits for all age groups in Scotland, as well as Scottish Child Payment. For disability benefits, there is an intersectional impact relating to age and disability which can increase client vulnerability.

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. This is of particular importance for individuals with vulnerabilities arising due to age.

These amendments relate only to scenarios where a client has disengaged when Social Security Scotland has requested information relating to entitlement, and continues to disengage throughout the suspension process. The Scottish Government believes that this will not negatively impact any particular age group.

There is no evidence to suggest that older or younger people would find it more difficult to provide information that is needed relating to entitlement. However, the Scottish Government recognises that older disabled people might be less likely to adopt digital methods of communication, or choose not to use these.

Therefore, when Social Security Scotland requests information relating to entitlement, and notifies a client that their award could be suspended, communications channels include sending letters by post and attempting to phone the client, where this is their communication preference. This ensures that people of all ages can remain informed of such requests and are provided opportunities to return requested information in a way that works for them best. This also ensures vulnerable clients can tell Social Security Scotland about circumstances in their life that prevents them from sharing such information.

Disability

The Scottish Health Survey 2022 provides an estimate of the number of disabled people in Scotland. It states that 37% of people over the age of 16 have a limiting longstanding illness. However, 51% those aged 65-74 had such an illness, rising to 58% for people over 75^[5].

Change 1: Amendments to add the Social Security Agreement between the United Kingdom and Gibraltar into the relevant benefit regulations.

We have not identified any negative impacts from this change on those with this protected characteristic.

Change 2: Amendments to the Best Start Foods and Best Start Grant regulations to make clear that people who have made a valid application to the EU Settlement Scheme and people who are joining family members are able to apply.

We have not identified any negative impacts from this change on those with this protected characteristic.

Change 3: Revocation and savings of Case Transfer, regulations relating to individuals to whom a DWP or DfC benefit is still paid after the Coming into Force date, and amendments to the regulations relating to individuals to whom a DWP or DfC benefit was paid in another part of the UK before moving to Scotland.

The revocation of the case transfer provisions means those incorrectly missed will not be able to benefit from a transition to a like-for-like Scottish benefit award without making an application as transferred cases were. Those missed by the case transfer process will either be a disabled person or someone who cares for a disabled person. However, we expect the number of people in this situation to be incredibly low.

It is not possible for us to maintain the case transfer process as the technical functionality to automatically share information between the DWP and Social Security Scotland required to facilitate transfer will no longer be available and the DWP will not provide the necessary data manually. As such, these provisions aim to mitigate any negative impacts for missed cases as far as practicable. Once a missed case is identified, these provisions will allow for a continuous period of entitlement to ensure any financial impacts are minimised.

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. The policy ensures that they can apply and access disability and carers benefits as soon as they move and aims to ensure that they don’t lose out financially because they have moved to another part of the UK. It is not possible to continue case transfer indefinitely for this cohort as DWP are not willing to share the data, therefore we have to make a change. 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.

From user research, we are aware of the possible emotional, financial and practical stress of moving as a disabled person or carer. We are aware that the reasons for moving may be outside client control, and/or accompanied by other life changes (e.g. grief, relationship ending). They may also have subsequent moves soon after the first (e.g. living in temporary accommodation initially). To support clients with the possible upheaval caused by the move, under our proposals, in order to be treated as cross-border clients, people will have 26 weeks from the date of move to submit their name and date of birth (‘relevant data’) and 32/34 weeks from the date if move to submit their full application. For CSP, which does not have a two part application process, it is those who submit a full application within 26 weeks of the date of move. Clients in this position will be able to have their awards begin from the day after the end of entitlement date of their previous award and their applications will be prioritised in a separate work queue.

Change 4: Carer Support Payment beginning of entitlement provisions.

Amendments are intended to prevent gaps in entitlement between Carer’s Allowance and Carer Support Payment for cross-border clients and clients whose benefits did not transfer from Carer’s Allowance. They are also intended to prevent the need for clients to re-apply for support where they are not eligible on application, or the date entitlement would otherwise begin, but will be on a future date within 13 weeks. Statistics on current Carer’s Allowance recipients who are disabled are not collected by DWP, however, benefit combination information and census data suggests a number of carers and Carer’s Allowance recipients may be disabled^[6]. The equality impact assessment for the principal Carer Support Payment found that disabled carers reported feeling overwhelmed by application process for benefits and may need additional support. We have not identified any negative impact of these advance application provisions on any particular group due to disability. However, it will be important to ensure any updated information provided on the changes is as clear and accessible as possible for disabled carers and those supporting them.

Change 5: Carer Support Payment temporary stops in entitlement provisions.

Provisions will allow for an award of Carer Support Payment which has ended due to a gap in the qualifying disability benefits of the person they care which is the result of a move to Scotland or a missed case transfer, to be reinstated without an application. We have not identified any negative impact of these provisions on any particular group due to disability.

Change 6: Regulations relating to when an award can be ended relating to specific suspension scenarios.

Suspending payments for failure to provide information is always a last resort. Individuals with certain disabilities could find it harder to provide information within the timescales given.

Safeguarding is 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 has safeguards in place so that additional time can be given to provide Social Security Scotland with information that has been requested. These safeguards exist within guidance to ensure that Social Security Scotland staff consider the specific circumstances of each client, therefore contributing to advancing equality and eliminating discrimination.

These legislative amendments do not change this process, meaning such safeguards will remain in place. The amendment means that where a person has continually disengaged with requests for information from Social Security Scotland and is found to no longer be entitled to assistance following a period of suspension, their award can be ended at the date of the suspension.

Although this may lead to a small reduction in the value of backdated entitlement in circumstances where an individual’s award is ended, Social Security Scotland’s existing processes and safeguards mean that disabled people are provided with various opportunities to re-engage with the process of returning requested information, both prior to the suspension and before an award is ended. Social Security Scotland also has robust processes to consider safeguarding and whether a suspension might cause financial hardship. Scottish Ministers trust what clients tell Social Security Scotland about their circumstances and do not suspend payments if it will cause financial hardship.

Therefore, the Scottish Government considers the impact on disabled people of this change to be justified and proportionate. 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. The only change arising is to the date an individual’s assistance will end following the period of suspension where this particular scenario arises.

Race including colour, nationality, ethnic or national origin

Social Security Scotland publish statistics on the diversity characteristics of people applying for the benefits they administer. These statistics allow Social Security Scotland to understand who is using their services and how their processes are working for different groups of people. According to the most recent publication covering April 2023 to March 2024, Asian and Caribbean or Black applicants had higher denial rates for Social Security Scotland benefits compared to other ethnicity groups. User research has previously been undertaken by Social Security Scotland with clients whose first language is not English to support mitigating this barrier. User Researchers are also planning work to target Seldom Heard groups, including those who speak English as a second language. Using this information, we will be able to begin addressing these barriers and encourage eligible clients to apply for all of the support which they are entitled to.

Continuous monitoring of the impacts of our mitigations will be key to reducing barriers. We will continue to work with data specialists and relevant organisations representing this group to support this.

Change 1: Amendments to add the Social Security Agreement between the United Kingdom and Gibraltar into the relevant benefit regulations.

The social security agreement between the United Kingdom and Gibraltar is a post-Brexit agreement for exporting social security payments between the two territories. The Agreement ensures that individuals of any nationality who move between the UK and Gibraltar, and who are in scope of the Agreement will have certain social security benefits protected. Eligible individuals will have access to a range of social security benefits. It also ensures that cross-border workers and their employers are only liable to pay social security contributions in one state at a time. We have not identified any negative impact on anyone with a protected characteristic of race or nationality.

Change 2: Amendments to the Best Start Foods and Best Start Grant regulations to make clear that people who have made a valid application to the EU Settlement Scheme and people who are joining family members are able to apply.

The amendments to Best Start Foods and Best Start Grants residence and presence conditions will positively impact on EU nationals in the Protected Cohort and the members of their families. The changes we are making ensure that no one is incorrectly denied access to these benefits.

Change 3: Revocation and savings of Case Transfer, regulations relating to individuals to whom a DWP or DfC benefit is still paid after the Coming into Force date, and amendments to the regulations relating to individuals to whom a DWP or DfC benefit was paid in another part of the UK before moving to Scotland.

The amendments apply to all nationalities subject to case transfer or moving to Scotland from the rest of the UK, the vast majority of whom are or are expected to be British nationals. We have not identified any negative impacts on those with this protected characteristic however, we do not have any data on how many clients fall into this category.

We are aware that clients who don’t have English as their first language may face difficulties in accessing or understanding their entitlements due to language or other communication barriers. Any cross-border or missed transfer client who needs additional support making an application can be signposted to an independent advocacy service for support. Interpreter services and assistance to complete application forms will also be available.

Change 4: Carer Support Payment beginning of entitlement provisions.

Amendments are intended to prevent gaps in entitlement between Carer’s Allowance and Carer Support Payment for cross-border clients and clients whose benefits did not transfer from Carer’s Allowance. They are also intended to prevent the need for clients to re-apply for support where they are not eligible on application, or the date entitlement would otherwise begin, but will be on a future date within 13 weeks. DWP do not publish data on race for carers currently getting Carer’s Allowance. However, the equality impact assessment carried out for Carer Support Payment found that some Black and Minority Ethnic carers may be less likely to identify as carers and face barriers to coming forward for and accessing support, including language barriers. It also found carers from Gypsy/Traveller communities may be less likely to identify as carers and access support^[7]. We have not identified any negative impact of these advance application provisions on any particular group due to race. However, it will be important to ensure any updated information provided on the changes is communicated clearly to prevent any language barriers to understanding of the changes.

Change 5: Carer Support Payment temporary stops in entitlement provisions.

Provisions will allow for an award of Carer Support Payment which has ended due to a gap in the qualifying disability benefits of the person they care which is the result of a move to Scotland or a missed case transfer, to be reinstated without an application. We have not identified any negative impact of these provisions on any particular group due to race.

Change 6: Regulations relating to when an award can be ended relating to specific suspension scenarios.

The Scottish Government has not identified any negative impacts on the basis of this protected characteristic, as the existing safeguards of the suspensions process will continue to be prioritised under the amended regulations. The only change arising is to the date an individual’s assistance will end following the period of suspension where this particular scenario arises.

Before an award is suspended or entitlement ended, Social Security Scotland makes several attempts to contact clients and takes into consideration client vulnerabilities or safeguarding concerns. Social Security Scotland offers communication support where clients have a language barrier. This includes the use of translator services during telephone calls and translation of letters. Providing these services helps to advance equality of opportunity to provide required information to Social Security Scotland when there may be a language barrier.

Sex

Change 1: Amendments to add the Social Security Agreement between the United Kingdom and Gibraltar into the relevant benefit regulations.

We have not identified any negative impacts from this change on those with this protected characteristic.

Change 2: Amendments to the Best Start Foods and Best Start Grant regulations to make clear that people who have made a valid application to the EU Settlement Scheme and people who are joining family members are able to apply.

Whoever has responsibility for the child is able to receive the BSF and BSG payments on behalf of the child. Whilst a high proportion of those will likely be women, men will also be able to claim BSF for the child that they have responsibility for. We have not identified any negative impact of these provisions on any particular group due to sex.

Change 3: Revocation and savings of Case Transfer, regulations relating to individuals to whom a DWP or DfC benefit is still paid after the Coming into Force date, and amendments to the regulations relating to individuals to whom a DWP or DfC benefit was paid in another part of the UK before moving to Scotland.

We expect that cross-border clients and those who should have their award transferred are more likely to be women than men. A report by the Women’s Budget Group has found that, overall, women are twice as likely to rely on social security as men^[8]. Women also move in slightly higher numbers than men - in 2022, 26,849 women moved to Scotland from the rest of the UK. In the same year, 24,327 men moved^[9]. We have not identified any negative impact of these provisions on any particular group due to sex.

Change 4: Carer Support Payment beginning of entitlement provisions.

Amendments are intended to prevent gaps in entitlement between Carer’s Allowance and Carer Support Payment for cross-border clients and clients whose benefits did not transfer from Carer’s Allowance. They are also intended to prevent the need for clients to re-apply for support where they are not eligible on application, or the date entitlement would otherwise begin, but will be on a future date within 13 weeks. Currently 69% of Carer’s Allowance recipients in Scotland are women^[10] and we expect the majority of Carer Support Payment applicants and recipients to be women. We have not identified any negative impact of these provisions on any particular group due to sex.

Change 5: Carer Support Payment temporary stops in entitlement provisions.

Provisions will allow for an award of Carer Support Payment which has ended due to a gap in the qualifying disability benefits of the person they care which is the result of a move to Scotland or a missed case transfer, to be reinstated without an application. We have not identified any negative impact of these provisions on any particular group due to sex.

Change 6: Regulations relating to when an award can be ended relating to specific suspension scenarios.

There are several types of suspension that can be made, including in the context of financial abuse which may impact women more than men. However, these amendments relate only to when an award ends following disengagement throughout requests for information relating to entitlement and the following suspension process. The only change arising is to the date an individual’s assistance will end following the period of suspension where this particular scenario arises.

Suspension of an award is always a last resort and is not used punitively. 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.

The Scottish Government is ensuring that when the regulations are amended, safeguarding continues to be prioritised where Social Security Scotland has not had engagement from an individual for a prolonged period after requesting information relating to entitlement. Safeguarding is of importance because Social Security Scotland does not have information to suggest why an individual might have disengaged, and suspensions therefore provide a proportionate safeguard against payment of assistance to potentially vulnerable individuals where entitlement cannot be assured.

Therefore, the Scottish Government has not identified any negative impacts on the basis of this protected characteristic as the existing safeguards of the suspensions process will continue to be prioritised under the amended regulations.

Sexual orientation & Gender Reassignment

We have not identified any negative impacts on those with this protected characteristic, however, we do not have any data on how many clients fall into this category.

Religion or belief

We have not identified any negative impacts on those with this protected characteristic, however, we do not have any data on how many clients fall into this category.

Maternity and pregnancy

We have not identified any negative impacts on those with this protected characteristic, however, we do not have any data on how many clients fall into this category.

Marriage and Civil partnership

Not required to assess against the protected characteristic of Marriage and Civil Partnership as the policy doesn’t relate to work.