The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022: equality impact assessment

Executive Summary

The Scottish Child Payment (SCP), Best Start Foods (BSF) and the 3 Best Start Grant (BSG) payments (Pregnancy and Baby Payment, Early Learning Payment and School Age Payment) are known collectively as the Five Family Payments (FFP). Delivered by Social Security Scotland, they are five different payments which all aim to provide support to low income families with young children.

This Equality Impact Assessment (EqIA) has been developed to accompany the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022. As such, the focus of this EqIA is the changes that these amendment regulations will make to SCP, BSG and BSF. This impact assessment builds on the suite of EqIAs that were produced prior to the launch of these benefits.^{[2] [3] [4]}

A corresponding Business and Regulatory Impact Assessment, an Islands Communities Impact Screening, a Fairer Scotland Duty Assessment, a Data Protection Impact Assessment and a Child Rights and Wellbeing Impact Assessment have also been produced.

These amendment regulations will increase the value of SCP and allow it to be rolled out to children aged between 6 and 15. In the unfortunate situation where a child to whom a claim relates dies, these amendments will also provide for a payment, equivalent to the value of Scottish Child Payments made in the 12 weeks prior to the child's death, to be made. This will bring the payment closer in line with the reserved benefits which act as qualifying benefits for SCP. These qualifying benefits allow a run on of up to 12 weeks payment in the same circumstances. Changes will also allow reinstatement of SCP within 12 weeks of the effective change, rather than within 12 weeks of the original determination.

The amendments will also make changes to BSG in order to:

• introduce auto-award for the Early Learning Payment (ELP) and School Age Payment (SAP) for eligible applicants in receipt of SCP
• provide new exceptions to the general rule that an individual is only entitled to the higher Pregnancy and Baby Payment when they are applying in respect of their first child. This will provide greater support for families in the following situations, who are more likely to be starting from scratch without the items that the Pregnancy and Baby payment is intended to provide:
  • Individuals granted refugee status, humanitarian protection, or leave under the Afghanistan resettlement schemes or the Ukraine resettlement schemes who have a child/children from before they arrived in the UK
  • Individuals who took on responsibility for a child/children who was not their own when that child/children was more than 12 months old
  • Individuals who have been forced to leave their home with a child/children due to domestic abuse
• remove the condition that the child is not looked after by the local authority in residential care

The amendments will also make changes to both BSG and BSF to update the meaning of surrogacy to mirror changes to the Human Fertilisation and Embryology Act 2008.

We are also widening the definition of kinship care across BSG, BSF and SCP to ensure that, as we roll out Scottish Child Payment to children aged between 6 and 15, eligible kinship carers who are not related to the child but are known to them and have a pre-existing relationship with the child are included.

In developing the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022, the Scottish Government is mindful of the three needs of the Public Sector Equality Duty (PSED) as set out in section 149 of the Equality Act 2010 - eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between people who share a protected characteristic^[5] and those who do not, and foster good relations between people who share a protected characteristic and those who do not. Where any negative impacts have been identified, we have sought to mitigate/eliminate these. We are also mindful that the equality duty is not just about negating or mitigating negative impacts, as we also have a positive duty to promote equality. We are considering how best to work with under-represented groups and are tailoring our communications and engagement strategy to raise awareness and take-up of the payment in these groups. More broadly, fostering good relations is reflected in the guiding principles of dignity, fairness and respect and the vision for Social Security Scotland, as set out in Our Charter,^[6] with removing the stigma around applying for benefits central to this approach.

This EqIA assesses any impacts of applying a proposed new or revised policy or practice against the needs relevant to a public authority's duty to meet the public sector equality duty.

Summary of findings for the protected characteristics

This EqIA has considered the potential effects of the amendment regulations and how they will impact on people with one or more protected characteristic.

The changes are designed to have a positive effect on children and families, particularly those who are vulnerable or disadvantaged. We found that the changes have the potential to impact positively on those who share the following protected characteristics:

Age

• The extension to the eligibility criteria for SCP will provide additional financial support for parents/carers of children aged 6 to 15 years old in low income families and the increase in value of the SCP will provide greater financial support to parents/carers of eligible children.
• In the unfortunate situation where a child to whom a claim relates dies, these amendments will also provide for a payment, equivalent to the value of Scottish Child Payments made in the 12 weeks prior to the child's death, to be made.
• Introducing auto-award for the BSG Early Learning Payment and School Age Payment for eligible applicants in receipt of SCP will make it easier to access the support available for nursery and school age children.
• By providing new exceptions to the general rule that an individual is only entitled to the higher Pregnancy and Baby Payment when they are applying in respect of their first child, we will provide greater support for babies whose families are more likely to be starting from scratch without the items that the Pregnancy and Baby Payment is intended to provide.
• Widening the meaning of surrogacy, for both BSG and BSF, and removing the condition for BSG that the child is not looked after by the local authority in residential care, will allow more children in low income families to benefit from this support.
• There will be an expected positive impact on children in kinship care, as it will be ensured that eligible kinship carers who are not related to the child but are known to them and have a pre-existing relationship with the child are included.

Disability

• Disabled children are more likely to experience poverty^[7] and as Scottish Child Payment specifically benefits low income families, the increase in value of SCP and the extension to the eligibility criteria for SCP will provide additional financial support for parents/carers of disabled children who are under 16.
• It is also expected that introducing auto-award for elements of BSG will make it easier for disabled people to access their entitlement.

Sex

• Women are more likely to be victims of domestic abuse.^[8] Providing a new exception to the general rule that an individual is only entitled to the higher Pregnancy and Baby Payment when they are applying in respect of their first child to individuals who have been forced to leave the home due to domestic abuse, is therefore more likely to have a positive impact for women.
• Women are more likely to be in poverty, more likely to receive benefits and more likely to be lone parents.^[9] Relative poverty rates are highest for single women with children.^[10]

Pregnancy and Maternity

• Some pregnant persons and mothers with young children will also benefit from the introduction of new exceptions to the general rule, that an individual is only entitled to the higher Pregnancy and Baby Payment when they are applying in respect of their first child.
• Similarly, some mothers with young children will also benefit from the widening of the meaning of surrogacy, for both BSG and BSF, and the removal of the condition for BSG that the child is not looked after by the local authority in residential care.

Race

• It is expected that minority ethnic families, who are more likely to be living in poverty,^[11] will benefit from the increase in value of SCP and the extension to include children aged 6 to 15 years old.
• It is anticipated that introducing auto-award for elements of BSG will remove barriers for claimants, including those with English as a second language, making it easier to access their entitlement.
• Providing an exception to the general rule that an individual is only entitled to the higher Pregnancy and Baby Payment when they are applying in respect of their first child for individuals granted refugee status, humanitarian protection, or leave under the Afghanistan resettlement schemes or the Ukraine resettlement schemes who have a child/children from before they came to the UK, will provide greater support for families who are more likely to be starting from scratch.

Religion and Belief

• It is anticipated that some religious groups, who are more likely to be living in poverty,^[12] will benefit from the increase in value of SCP and the extension to eligibility to include children aged 6 to 15 years old.
• Stakeholders have told us that stigma around applying for benefits may be an issue within some religious communities. The automation of ELP and SAP awards was seen by stakeholders as a way in which stigma could be addressed.

Groups who share protected characteristics may face difficulties in accessing or understanding their entitlements due to language or other communication barriers. Applications for FFP are taken over the phone, online or on a paper form which improves access. We ensure information and advice on the payments is as accessible as possible and reaches the full range of people who could benefit from this support in a range of formats.

Applicants for whom English is not a first language can request a paper form, or apply over the phone in any of over 100 languages. Languages that can be requested include Urdu, Polish, Scottish Gaelic and many of the other languages used in Scotland. You cannot apply online in any language other than English.

Applicants who are disabled may face additional hurdles or stress when applying. In order to enable these applicants and reduce the hurdles they may face, large print paper applications can be requested and British Sign Language (BSL) users can use the Contact Scotland BSL app to contact Social Security Scotland by video relay.

The Scottish Government's commitment to co-design the new social security system with experts and people with personal experience of the current system ensures that those with protected characteristics have a direct impact on shaping the service.

Where possible, and in line with our equality duties, we have sought to foster equality of opportunity to benefits through measures such as inclusive communications and an accessible application process. The policies also intend to foster good community relations amongst those with protected characteristics and the wider community, with the needs of different groups considered throughout design and development. More broadly, fostering good relations is reflected in the guiding principles of dignity, fairness and respect and the vision for Social Security Scotland, as set out in Our Charter,^[13] with removing the stigma around applying for benefits central to this approach.