Disability and Carer Benefits Expert Advisory Group - Scottish Carer's Assistance consultation: response from ministers

Response to outstanding recommendations on carer benefits

I recognise that responses to a number of the Group’s recommendations on carer benefits remain outstanding following our letter to you on 22 March 2021 from the then Cabinet Secretary for Social Security and Older People, and from subsequent advice, as our work has been ongoing to develop final policy for Carer Support Payment and Carer's Additional Person Payment.

The Group’s advice on both benefits helped to shape the proposals in our plans for Carer Support Payment and, as the consultation response is now published, I wanted to take the opportunity to respond more formally to earlier recommendations, while noting that improving support for Scotland’s unpaid carers is an ongoing process and we will continue to consider the Group’s input in our further work to develop our carer benefits.

Scottish Carer’s Assistance advice

Firstly, on the group’s Scottish Carer’s Assistance recommendations, as you know, we previously accepted Recommendations 1 to 6 relating to the overall approach to our replacement for Carer’s Allowance. These recommendations included the importance of considering the equalities dimensions of the benefit and the need to improve data on protected characteristics. As part of the consultation process we worked to reach a more diverse range of carers, in order to improve our overall understanding of equality impacts and how our new benefit can work to reach more people. We are continuing to work with stakeholders, analytical colleagues and others to improve our understanding of the range of carer experiences and how we can deliver our benefit in a way which works better for all carers.

Recommendation 7: It should be clearly stated in relevant benefit decision making guidance that providing care is not inconsistent with meeting the eligibility criteria for disability benefits.

I accept this recommendation.

Where a person is eligible for disability assistance but also providing 35 hours or more of care a week it is important that they can access all of the support they are entitled to, and they do not face barriers to doing this. We accept that providing care is not, in itself, inconsistent with meeting the eligibility criteria for disability assistance, and will work to ensure that information and guidance on this is clear, and that no-one is discouraged from applying for either form of support because of a perceived inconsistency.

Recommendation 8: Creating an easily accessible straightforward application based on trust will be an important part of getting Scottish Carer’s Assistance right. It is important that claimants are offered multiple methods of applying.

I accept this recommendation.

We have taken on board the Group’s input on this, and we will continue to involve carers and support organisations in designing how our benefit will work, through user research and wider engagement. When Carer Support Payment launches, carers will be able to apply online, by phone, using paper forms, and with support from Social Security Scotland’s Local Delivery Teams. Online applications will use the same systems as our disability benefits, allowing carers to save and return to applications. The application process will be trust- based, in line with our principles of dignity, fairness and respect. Carers will self-report that they are providing 35 hours of care on application of Carer Support Payment. One of our aims in delivering Carer Support Payment is to maximise carers’ take up of all the support available to them and we are committed to working to reach as many carers as possible by making the service as accessible as possible.

Recommendation 9: Developing simple rules and application processes that do not deter applicants from pursuing education, work, or applying for Scottish Carer’s Assistance in the first place, will be key.

I accept this recommendation.

From launch, the rules for Carer Support Payment will need to largely mirror Carer’s Allowance to protect the safe and secure transfer of benefits for carers already getting Carer’s Allowance and to avoid a ‘two tier system’ where some carers are disadvantaged. However, we are working through user research and testing to ensure that the information and guidance, application processes and notifications used in Carer Support Payments are as clear as possible and meet the needs of the people who will use them. We are designing the benefit to be as simple as possible to use so that systems do not deter people, while ensuring that the complex interactions with other support are maintained so that carers don’t lose out on any support.

I am also pleased to confirm that from launch of Carer Support Payment we will be able to introduce changes to the education rules, so that more carers can access Carer Support Payment and study full-time, reducing barriers to education and providing more stable support. We will extend entitlement to those over 20 in full-time education at any level and those aged 16 to 19 in advanced further and higher education. We are continuing to consider the position for student carers aged 16 to 19 who study non-advanced educational courses. This is because it is important that our policies are not seen to incentivise or normalise school children and young people still in non-advanced education taking on significant caring roles. Many young carers aged 16-19 will be able to receive support through the Young Carer Grant, Education Maintenance Allowance, or will be supported through reserved benefits available to their parents or guardians.

We are also continuing to consider the responses to the consultation in relation to potential changes which could be made to earnings rules once case transfer is complete. From launch we are also working to put processes in place for the assessment of carers’ earnings that are clearer for carers and more flexible while making sure that there is sufficient alignment with how Carer’s Allowance works to ensure carers are treated fairly and equitably.

Recommendation 10: Ensuring carers are able to balance their caring responsibilities with opportunities to pursue appropriately flexible employment and/or education should be a priority when developing Scottish Carer’s Assistance.

I accept this recommendation.

Our aims for Carer Support Payment, and our overall vision for Scotland’s unpaid carers, set out our intention to ensure carers can have a life outside of caring where they wish to. As noted above, while we need to largely mirror Carer’s Allowance rules on launch, we have listened to feedback from the Group, from carers, support organisations, and through our consultation and will be making changes to the education rules for Carer Support Payment from launch. These will extend entitlement to those over 20 in full-time education at any level and those aged 16 to 19 in advanced further and higher education. We are continuing to consider the position for carers aged 16 to 19 on non-advance courses, to ensure that support is available in line with our overall aims and principles for Carer Support Payment.

As also noted above, we are continuing to consider the changes we could make to the earnings rules once case transfer is complete, taking into account the Group’s recommendations and the consultation response.

Recommendation 11: How differences in the quantity and quality of care might be recognised in Scottish Carer’s Assistance merits further exploration. However, any mechanism for doing so must be balanced against ensuring eligibility rules are straightforward and applications are easy to make.

I accept this recommendation.

Our aims for Carer Support Payment reflect our intention to ensure that the benefit works for different carers in different situations, as well as the importance of ensuring the system works to maximise take-up. We are committed to providing additional support through Carer's Additional Person Payment for carers who are caring for more than one person, in recognition of the impact of having more than one significant caring role on carers’ health, wellbeing and ability to access other opportunities.

The consultation also set out a potential change to allow carers who are providing a total of 35 hours of care to two different people to access Carer Support Payment, in recognition of the fact that this may have the same impact on them than caring for 35 hours for one person. The consultation response was largely in favour of this, though there were concerns raised about the complexities this could add to the benefit for carers. We are continuing to consider this proposal, taking into account the feedback from the consultation.

However, we do recognise that both these changes have the potential to add complexity to the benefit, and it is important, as the Group highlights, to ensure that any improvements we make to support, can balance the need for targeted and flexible support with the need to ensure applying for and using the benefit remains simple and is not a barrier to accessing support.

In the Multi Criteria Analysis we considered a number of options for potential changes to Carer Support Payment, which were assessed against a number of factors including their impact on the simplicity of application and on take-up. The process identified that a number of changes which could expand eligibility were considered to add too much complexity to the benefit at this time, but we are continuing to keep a range of future changes under consideration.

Recommendation 12: The 8 week run-on period provided for in CA should be reviewed when developing SCA. Moreover, the Scottish Government should put processes in place to link carers whose caring has ended with support to help them transition to a life where they no longer provide care.

I accept this recommendation.

We are committed to extending the period for which Carer Support Payment is paid from 8 to 12 weeks after the loss of a cared for person, to provide further support and time to adjust at an incredibly difficult time. This is not a change we can make before case transfer is complete, as it would disadvantage carers in receipt of Carer’s Allowance, but we are working to introduce this as soon as possible after case transfer.

We are also committed to using the introduction of Carer Support Payment to improve the join up of services and to help carers access more of the support they are entitled to, in social security and beyond. This could include providing clear information on wider support, including other social security benefits, and signposting to organisations who support carers. We are looking in particular at how support could be targeted at key moments of transition, including when a caring role comes to an end, especially if this is due to the loss of the cared for person. We are considering how we could use Carer Support Payment to link carers to important support at this difficult time from launch and as we develop the benefit and implement the extended run on in future.

Carer’s Additional Child Payment advice

As noted in the letter to you of 22 March 2021, we also considered the Group’s recommendations regarding proposals for the Carer’s Additional Child Payment, before work on the payment was put on hold as a result of the coronavirus pandemic.

Recommendation 1: The Scottish Government should increase support for all carers of multiple severely disabled people regardless of the age of the cared for person.

I accept this recommendation.

The Scottish Government is committed to providing extra support for those caring for more than one person of any age – a Carer’s Additional Person Payment – as soon as possible after case transfer is complete.

Recommendation 2: If the Scottish Government does not extend support to all carers of multiple severely disabled people, it must clearly articulate its reasons and adequately equip support services to explain this reasoning to carers.

Recommendation 3: The eligibility conditions of CACP should extend entitlement to include carers of qualifying young people as this would increase consistency and could simplify administration.

These relate to the implementation of the age restriction and are therefore considerations which are no longer needed for the new Carer's Additional Person Payment.

Recommendation 4: Eligibility to CACP should be extended to anyone who is entitled to Carer’s Allowance or the carer element of Universal Credit, regardless of whether they actually receive it.

I do not accept this recommendation because it remains our intention to target Carer's Additional Person Payment at those receiving Carer Support Payment who are likely to be on lower incomes.

We invited feedback on the question of eligibility for the Carer's Additional Person Payment in the consultation. This set out our intention to target Carer’s Additional Person Payment at those in receipt of Carer’s Allowance, in line with our approach on Carer’s Allowance Supplement, and as previously planned for Carer’s Additional Child Payment, which was supported by a majority of those responding to the consultation.

This is because this group of carers are more likely to be on lower incomes. Carers with underlying entitlement will be in receipt of other support paid at a higher rate, such as State Pension. Carers on Universal Credit are able to receive Carer’s Allowance and therefore access the extra payments, unless their earnings are over the threshold. We also consider that the wider issue of support for carers with underlying entitlement and those on State Pension in particular may be better considered separately from Carer's Additional Person Payment, as not all carers will have multiple caring roles.

As part of our work on Carer Support Payment we are considering how we could encourage carers receiving Universal Credit Carer Element who are eligible for Carer Support Payment to access this support and benefit from the extra support available through Carer’s Allowance Supplement, and in the future, Carer's Additional Person Payment.

Recommendation 5: Carers should be entitled to CACP for each severely disabled child or young person they care for, regardless of whether they also care for a severely disabled adult.

I accept this recommendation.

Carers will be entitled to a Carer’s Additional Person Payment for each additional person they care for, where eligibility criteria are met, with no restrictions relating to the age of cared for people for either their Carer Support Payment or Carer's Additional Person Payment award. Our proposed eligibility criteria would also mean that there is no cap on the number of additional people for whom a carer could receive Carer’s Additional Person Payment. For example, a carer caring for three people in receipt of disability benefits would be able to receive two awards of Carer’s Additional Person Payment.

Recommendation 6: The rules for CACP should incorporate the qualifying benefit rules to allow claims to be treated as being made at an earlier date.

Recommendation 7: Awards for CACP should be six monthly as opposed to annually, to ensure that changes of circumstances are better reflected in awards.

Recommendation 8: Consolidate multiple annual renewal dates into a single date for individual claimants caring for multiple children to simplify the renewal process.

I accept these recommendations in so far as they apply to Carer's Additional Person Payment.

As the work on Carer’s Additional Child Payment was paused, we now plan to deliver the extended Carer's Additional Person Payment as part of Carer Support Payment. The design of Carer’s Additional Child Payment which was considered by the Group was based on delivery of this as a standalone payment, ahead of the main benefit.

Introducing Carer's Additional Person Payment after Carer Support Payment will allow for more regular payments to ensure, as recommended, that changes of circumstances can be better reflected in awards. Where carers take on caring responsibilities for more people or caring responsibilities end, the intention is that they will be able have this reflected in an award in the same way as they would report changes of circumstance which are relevant to their Carer Support Payment award. The consultation set out our intention that Carer's Additional Person Payment would be paid alongside carers’ regular payments of Carer Support Payment in future, and this was supported by the majority of those responding, so we propose to proceed with this approach.

Recommendation 9: The Scottish Government should ensure that CACP is completely disregarded for purposes of means-testing other benefits, grants, financial aid, and care packages. To do this, the Scottish Government should ensure all relevant guidance and regulations are properly amended.

I accept this recommendation.

In line with our agreement with the UK Government, Carer's Additional Person Payment will be disregarded as income for calculating entitlement to reserved means-tested benefits such as Universal Credit and Income Support, so will not reduce the amount carers receive in these forms of support. Further work will be required in developing the benefit to consider impacts on wider support and tax.

Recommendation 10: Communications regarding CACP must be clear about the purpose of making this payment.

Recommendation 11: The Scottish Government should use communications promoting CACP to promote take-up of carer’s assistance generally, including to those who might be eligible for Carer’s Allowance but are not currently receiving it.

Recommendation 12: As part of its take up strategy for CACP, we suggest the Scottish Government contacts all recipients of Carer’s Allowance to see if they care for any additional severely disabled children.

I accept these recommendations.

While the Carer’s Additional Child Payment commitment has now been extended to the Carer’s Additional Person Payment, clear communications around this support will remain an important priority, and we will work to be clear about the purpose of the payment, and who is able to access this additional support.

Our communications will highlight that the aim of Carer’s Additional Person Payment is to help support carers’ health and wellbeing, in recognition of the impact of their multiple caring roles. We know from our evaluation of Carer’s Allowance Supplement that providing extra support to carers in this way can make a difference to their wellbeing as well as finances. In relation to Recommendation 12, as we plan to deliver Carer's Additional Person Payment once case transfer is complete we will consider carefully the best approach to raise awareness and maximise take-up of the benefit with people receiving Carer Support Payment. As with all of our benefits, we will work with carers and support organisations, and through user research and testing to ensure our communications meet the needs of the people who will use them.

Recommendation 13: The Scottish government must commit to making CACP as good as it can be now, and not use opportunities for future changes as a reason for delaying improvements.

I accept this recommendation.

While Carer's Additional Person Payment will now be delivered once Carer Support Payment is already in place, in our work to deliver both payments we will be working with carers and support organisations to ensure the benefits are designed and delivered in a way which will suit their needs and provide a positive experience of social security.

Recommendation 14: The Scottish Government must use the stated purposes of CACP, including improving quality of life, as the key measures of success in evaluation. Equalities impacts should also be appropriately analysed. We would welcome discussing possible indicators with your officials. The outcomes of such evaluations must be used to continuously improve CACP.

Recommendation 15: The Scottish Government must work closely with all relevant public, private, third sector, and community led organisations - including disabled peoples organisations and carers themselves - to establish a holistic approach to improving outcomes for carers and the people they care for.

I accept this recommendation.

The evaluation approach to Carer's Additional Person Payment specifically will be developed further alongside the development of the benefit. Further information on the planned evaluation approach for Carer Support Payment and our work to consider equality impacts and develop impact assessments was set out in our response to the advice on ‘Beyond a safe and secure transfer’.

Recommendation 16: The Scottish Government should provide support to carers and the people they care for at the point they lose entitlement to CACP, especially with help to apply for other relevant benefits or grants and linking to wider education, employment and skills support. It should also consider developing its own discretionary fund to help individuals during this transition.

I partially accept this recommendation because it remains our intention to target Carer's Additional Person Payment at those receiving Carer Support Payment who are likely to be on lower incomes.

The Carer’s Additional Child Payment commitment has been extended to Carer’s Additional Person Payment. However, we recognise the importance of the broader point about support for carers at transitional points or points where entitlement may come to an end. As noted above, in delivering Carer Support Payment we are working to make links with wider support and services and considering in particular where this may help carers at transitional points in the caring role or where a caring role comes to an end.

Beyond safe and secure advice

In my response on 8 February to the Group’s recommendations for changes beyond the safe and secure transfer of benefits, I noted that we were continuing to consider some of the points raised around ‘Changes to Carer’s Assistance’ and would respond when this was complete. Future changes to Carer Support Payment are still under consideration, as set out in our response to the consultation published today, but I have provided further responses on the Group’s recommendation below.

Recommendation 27: Any communications to carers around Short-term Assistance should be clear, concise and in sufficient detail. This should include information on eligibility, how and when to apply.

I accept this recommendation.

We will continue to work with carers and support organisations to ensure all information and communications around Carer Support Payment are as clear and comprehensive as possible, and to ensure that these help carers to access all the support they are entitled to, as easily as possible.

Following the consultation, and in recognition of the support for the proposed policy around short-term assistance for carers, we wish to continue with this policy, to provide short-term assistance in some situations where a Carer Support Payment decision is being challenged, and support to carers when the person they care for is getting short-term assistance.

However, because of the complex links Carer’s Allowance has with support which remains reserved, we need to continue to work with the Department for Work and Pensions to consider the impacts on other benefits before finalising our plans. Following this detailed work and subject to agreement with the Department for Work and Pensions, we will deliver short-term assistance and related support for Carer Support Payment after case transfer is complete, rather than when the benefit first launches.

This is in part because it has not been possible to agree with the Department for Work and Pensions how short-term assistance provided to carers (or support based on short-term assistance paid to a cared for person) would be treated in reserved means-tested benefits. It would make carers no better off if support we provided during challenges was to reduce support they were receiving through Universal Credit or other Department for Work and Pensions benefits. Introducing this support after case transfer completes will also ensure that there is no difference in treatment and support for carers in Scotland who are already getting Carer’s Allowance.

Recommendation 28: Payment run-ons should be implemented in instances where Scottish Carer’s Assistance awards are stopped due to the underlying entitlement stopping.

I partially accept this recommendation because it remains our intention to target Carer's Additional Person Payment at those receiving Carer Support Payment who are likely to be on lower incomes.

This is being considered in relation to changes post safe and secure transfer. We are committed to extending the ‘run on’ of support to carers following the loss of a cared for person, and set out proposals for payment run ons where a cared for person’s qualifying benefits have stopped because they are in hospital or residential care. As set out above we are also looking at how carers can be supported where a cared for person’s qualifying benefit has been stopped and they are challenging this decision. We are continuing to consider the response to the consultation and the Group’s advice in relation to potential changes which could be made to Carer Support Payment in the future.

Recommendation 29: Scottish Carer’s Assistance should not be stopped, suspended or lowered to a ‘nil award’ in instances where the cared-for person has been in hospital, residential care, or temporary care for any number of days.

I partially accept this recommendation because we are continuing to consider future changes to Carer Support Payment to support carers while the person they care for is in hospital or residential care.

This is being considered in relation to changes post safe and secure transfer. The draft Carer Support Payment regulations provide for the circumstances in which an ongoing award of Carer Support Payment would be set to £0, to prevent overpayments but reduce the need for re-applications where a carer is temporarily not entitled to support where they have earnings over the threshold, have exceeded breaks in care for a period or where the benefits of the person they care for are set to £0 (or suspended where the qualifying benefit is administered by the Department for Work and Pensions). It would not be the case that £0 awards in these situations would link to additional amounts in reserved benefits in the same way as ‘underlying entitlement’. This is because carers with ‘underlying entitlement’ are eligible for support but receiving an overlapping benefit instead, while carers with ‘nil awards’ would be temporarily not entitled to support.

We recognise the points raised regarding the nil rating of Carer Support Payment where a cared for person is in hospital or residential care. While this is not something we can consider changing before case transfer from Carer’s Allowance is complete, we set out in the consultation proposals we are considering around providing a ‘run on’ of support in these situations, to provide further stability for carers. We are continuing to consider the response to the consultation in developing proposals for future changes to Carer Support Payment.

Recommendation 30: We would recommend that the ‘past presence test’ be removed due to its discriminatory nature. Any intended rationale to retain the test should be provided beyond it being replicated from the UK system.

I partially accept this recommendation because we are continuing to consider future changes to Carer Support Payment to support carers while the person they care for is in hospital or residential care.

The Carer Support Payment regulations reflect our intention to reduce the ‘past presence test’ which is currently in place for Carer’s Allowance and to align this to the test in place for our disability benefits. This will allow carers coming to Scotland from outwith the Common Travel Area to access support sooner – after 26 weeks rather than two years. The ‘past presence test’ will also be dis-applied for some refugees, people coming from Ukraine following the Russian invasion, and for those who are terminally ill. Subject to further delivery assessments, I also intend for it to be dis-applied for carers applying for Carer Support Payment where it has been dis-applied for the qualifying benefit of the person they care for.

Carer Support Payment, like Carer’s Allowance, is a ‘non-contributory’ benefit so the past presence test is considered to demonstrate a sufficient connection to the Common Travel Area. Any decision to remove the ‘past presence test’ altogether is something which would need to be considered across all devolved benefits and not just Carer Support Payment in isolation, taking into account any potential impact on wider support, and once a safe and secure transfer is complete.