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

Engaging with Social Security Scotland

Clients moving to Scotland from the rest of the UK may have limited awareness of Scottish social security. The need to transition to a new service and applying for a different benefit may have come as a shock. This may lead to frustration and anxiety about having to make a new application as they may be unfamiliar with the language and processes in Social Security Scotland in comparison to the DWP. Clients may also not understand that there may be differences in the rules for DWP and SSS benefits, e.g. for terminal illness, passporting and they may be confused about which agency (DWP/SSS) to contact during the transition. Clients may have had challenging experiences with services or benefits applications in the past that affect how they feel about engaging with SSS. There may be misinterpretation or confusion in key areas e.g. assumptions about automatic ‘transfer’ to Social Security Scotland.

User research found that the supportive tone of Social Security Scotland was appreciated by clients, however this led some participants to not appreciate that there was a sense of urgency to ensure they had a new award in place by the end of DWP award.

Areas of misunderstanding were also identified in user research – participants assumed a level of ‘transfer’ would happen between different agencies e.g. data sharing between DWP and Social Security Scotland about them and their condition(s).

To avoid any misunderstandings and to make clear that it’s in clients’ best interest to make a new application as quickly as possible, the information for clients will be clear about the limits of the cross-border process to manage client expectations.

As the cross-border process relies on the client contacting Social Security Scotland, there is a risk that they will experience a drop in income after their DWP benefit ends and before their Scottish benefit starts if they are not aware that they need to make a new application. If someone makes a new application after the 13-week run on of their previous benefit has ended, but before 26 weeks from the date of their move to Scotland, they will experience a gap in payments while their application to Social Security Scotland is processed. They will get a backdated payment once their award is in payment. If someone makes a new application more than 26 weeks after their move, they won’t be able to get their payments backdated and will experience a break in entitlement. We will take steps to mitigate this as much as possible through sharing communications via different channels making it clear that a new application will be needed. We have engaged with third sector organisations, housing associations and plan to raise awareness outside Scotland. We will also prioritise the processing of cross-border applications aiming to avoid gaps in payments. We will also backdate awards to the day after the end of their DWP/DfC award for eligible cross-border clients.

Alternative approaches were considered, such as setting up the clients’ awards to mirror their previous entitlement, but ultimately these were not possible to deliver because the DWP will not commit to ongoing dependency to share information with the Scottish Government beyond the end of the current devolution programme. In order to gather the necessary information to set up clients’ awards correctly, a new application will now be required.

Change 4: Carer Support Payment beginning of entitlement provisions.

As highlighted in Carers UK’s State of Caring Report 2023^[16], DWP’s Family Resources Survey highlighted that 1 in 5 households in receipt of Carer’s Allowance in the UK reported living in food insecurity – nearly three times the rate of the general population. The report also noted that 62% of carers agreed that the rising cost of living has made it increasingly difficult for carers to manage their finances. The WPI Economics report with Carers UK^[17] found that the poverty rate for unpaid carers was 50% higher than for those who did not provide care.

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. This may allow carers to receive a Carer Support Payment award and payments sooner, something which may be particularly important for those on lower incomes.

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. These should allow carers to begin receiving support again sooner, and with less administrative burden, after a gap in entitlement, something which may be particularly important for those on lower incomes.

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

During 2020, the Scottish Government undertook an informal, managed consultation with stakeholders through the Ill Health and Disability Benefits Stakeholder Reference Group (IHDBSRG) on introducing suspensions provisions. This engagement informed the high-level policy principles for suspensions.

On 25 June 2020, a group of stakeholders wrote to the Cabinet Secretary for Social Security and Older People advising that they supported the Scottish Ministers suspending assistance where an individual has not provided information which is needed to review their entitlement. Stakeholders considered this a more proportionate action than immediately ending the individual’s entitlement to assistance on account of the information not being provided.

Scottish Ministers prepared a Fairer Scotland Duty Assessment when suspensions provisions were originally introduced in regulations for CDP and SCP in 2022^[18].This included consideration of suspensions where an individual has not provided information requested by Social Security Scotland, and continues to disengage with the process. The suspensions policy has subsequently been adopted with the delivery of ADP, PADP and Scottish Adult DLA.

The power to suspend is not used punitively. It is used to protect clients’ entitlement to assistance and to give clients the opportunity to re-engage with Social Security Scotland if they fail to provide information where requested.

Before a payment is suspended, clients will have been provided opportunities to provide the required information following letters being issued to request this, and sharing that their assistance may be suspended. Social Security Scotland also assesses the risk of financial hardship and whether there are safeguarding concerns before suspending assistance. This approach to considering an individual’s financial circumstances is likely to support individuals who are socio-economically disadvantaged.

As a result of learning from the live service, the current regulations are being improved. Where Social Security Scotland cannot be assured of an individual’s ongoing entitlement, these changes will provide clarity around when entitlement can be ended. 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.

By making these amendments, the Scottish Government is ensuring that 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.

The suspensions process will remain the same as prior to amending these 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. Therefore, Social Security Scotland’s existing safeguards in the suspension process will continue to be prioritised where the Agency has not had engagement from an individual for a prolonged period in this scenario.