Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025: island communities impact assessment

3. Step three – consultation

We are aware of the possible emotional, financial and practical stress of moving as a disabled person or carer. From user research, 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).

Clients may have limited support, and limited knowledge of where to seek support in Scotland. They may have limited routes of contacting Social Security Scotland (e.g. no internet connection enabled), and difficulties gathering identity documents and supporting information during/after moving. Other simultaneous transitions may be occurring e.g. change of personal circumstances, age related change (e.g. moving to pension age).

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 Special Rules for Terminal Illness (SRTI), 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.

We are working with DWP so that when clients report their move, they will be directed to contact Social Security Scotland. We are also working on a communications plan to make people aware of the changes and signpost people to appropriate support in making a new application. Clients will also have their awards backdated to the day after their previous awards ends as long as they submit their name and date of birth to Social Security Scotland within 26 weeks of their move (Part 1 application) and complete the full application (Part 2) within 32 (CDP) or 34 (other disability benefits) weeks of the date of move. For CSP, which does not have a two-part application process, it is those who submit a full application within 26 weeks of a move.

Where someone’s award was missed for case transfer, and they submit their name and date of birth to Social Security Scotland within 26 weeks of the date we become aware they were missed (Part 1 application) and complete the full application (Part 2) within 32 (CDP) or 34 (other disability benefits) weeks of the date we become aware, their entitlement begins on the day after the day on which the individual’s entitlement to their previous benefit, as administered by DWP, ended. 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 we become aware they were missed.

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.

This previous engagement, as well as learning from the live service have contributed to developing these improvements in the regulations for when an individual continually disengages with requests for information from Social Security Scotland and is found to no longer be entitled to assistance following a period of suspension.