Employment Injury Assistance Steering Group: terms of reference

The Employment Injury Assistance Steering Group (the group) has been convened to ensure that lived experience and sector expertise informs policy development for the future delivery of Employment Injury Assistance (EIA).

Background

The Scottish Government committed to re-establishing a stakeholder advisory group on EIA following the consultation on the next steps for EIA delivery in the consultation response dated 12 December.

Role of the group

The group will provide valuable input into the ongoing work on EIA. The purpose of this group is to consider overarching policy principles and aims for EIA and identify priorities for reform. The group should ensure that stakeholder expertise and knowledge informs and influences the development of policy options for EIA. The group should consider the policy principles and aims that should underpin longer-term reform of EIA to ensure the benefit better meets the needs of disabled people in Scotland in accordance with the principles set out in the Social Security Act 2018, the Social Security charter, and the changes made through the introduction of Disability Assistance to date.

Scope

To achieve this purpose, the remit of the group is to:

• identify overarching principles and aims for EIA by the beginning of 2026. Specifically, the group should advise on priority areas for reform, including, but not necessarily limited to
  • structure and purpose of EIA
  • eligibility criteria and wider framework of EIA, including the incorporation of the social model of disability 
  • advisory bodies and the need for a new Scottish statutory body
  • administration of EIA including applications, assessments, and decision-making
  • promotion and take up of EIA
  • how to address the interaction between EIA and UK Government benefits and systems
  • the interaction between EIA and reserved policy areas such as employment and occupational health and safety
  • international evidence on best practice and alternative approaches 

A consistent criticism of the Industrial Injuries Scheme (IIS) is the gender disparity among those that receive IIS benefits. Scottish Government ministers have set out their intention that EIA better meets the needs of the people in Scotland and the modern world of work in the future. The group should therefore embed equalities considerations in its work and its outputs. 

The timetable for delivery of EIA is excluded from the remit and terms of reference. However, the group should consider the practicality of their recommendations alongside the timeframe for development within the current challenging financial situation.

Although it is not within the group’s remit to consider affordability, given the current challenging financial context across the Scottish Government, any potential financial impacts will need to be carefully considered by the Scottish Government. This is particularly important as if expenditure is higher than the funding received from the UK Government through the associated Social Security Block Grant Adjustment, then the difference would need to be funded from the wider Scottish Government budget, resulting in reduced expenditure elsewhere.

The group should agree a workplan and priority areas for the development of overarching policy principles and aims, taking into account the Scottish Government’s recent consultation on EIA. 

Evidential requirements 

Where possible, the group should use evidence from existing sources and relevant expertise to provide recommendations and guidance to Scottish Ministers on specific options being considered by the Scottish Government for the delivery of EIA. 

Recommendations of the group should draw evidence-based conclusions that are consistent with the statutory social security principles and in accordance with wider, including human rights, obligations.  

The group should consider key sources of evidence including, but not limited to:

• consultation on next steps on delivery of Employment Injury Assistance 
• analysis of the consultation  
• Scottish Government response to the consultation  
• Industrial Injuries Advisory Council advice   
• Disability and Carers Benefits Expert Advisory Group advice and response
• published responses to the Scottish Employment Injury Advisory Council (SEIAC) Bill 

Membership

The group will incorporate the input of people with lived experience of IIS benefits. In addition to permanent members, the group will have the opportunity to invite and consult with additional expertise and experience as required.

Timing and ways of working

The group will have a lifespan of one year and meet every two months between June 2025 and July 2026, with the possibility of extending the lifespan of the group upon agreement between members and the Scottish Government.. This frequency may be reduced if appropriate and ad hoc additional meetings may be held if members agree to do so.

The first meeting will be in person to allow for stakeholder introductions and to meet the Cabinet Secretary and officials. Thereafter meetings can take place remotely via Teams depending on members’ preferences, with invites and links being sent out in advance.

Accountability, governance and support

The group is not established on a statutory basis. It is, therefore, not subject to the formal public appointments process and the requirements of the Code of Practice for Ministerial Appointments to Public Bodies in Scotland. Members are appointed by Scottish ministers.

Secretariat support and Chair will be provided by the Scottish Government.

Organisations are invited in a voluntary capacity and will not be remunerated. Expenses such as travel costs can be considered where this represents an additional and unfunded cost for the organisation. Any involvement on an individual basis will be renumerated in line with Scottish Government guidelines. 

Communications and information sharing

The terms of reference and meeting minutes outlining key discussion items, decisions and actions will be published online. These will be agreed by the group in advance of publication.