Scottish Social Security Bill - The Good and the Bad

25th August 2017

The new Scottish Social Security System took a big leap forward with the publication of the Social Security (Scotland) Bill. It paves the way for the devolution of powers over non-income related disability benefits including Disability Living Allowance (DLA) and Personal Independence Payment (PIP). With 37.7% of all people receiving PIP in Scotland due to their mental health this opportunity to radically improve the system needs to be grasped. [1]

This week we submitted evidence to the Social Security Committee at the Scottish Parliament, outlining our thoughts on the Bill.  

So let’s take a snap shot at the Bill and emerging new system – the good and the bad – and changes SAMH wants to see.

The Good

The Bill includes seven principles for the social security system. Importantly these recognise social security is a human right. Language is important and can help shape attitudes and culture, so it’s great to see a focus on the need for the system to be based on human rights, dignity and respect.

The bill also proposes the creation of a Social Security Charter, which will put the principles of dignity and respect into practice. It is important that the charter is coproduced with people with disabilities and that there are mechanisms for redress where someone’s rights have been breached.

While not in the Bill itself Jeane Freeman, Minister for Social Security has committed to reducing face to face assessments for disability benefits. This is very welcome as we know from the people that SAMH support that face to face assessments for PIP are not working for people with mental health problems.  

The Bad

Details such as: a definition of disability; rules over entitlement; timescales for applications to be processed; and details over assessments are left to regulations.  Regulations allow the Government to make technical rules for parts of a Bill after it become Law.  Regulations are not subject to the same level of consultation as primary legislation and cannot be amended by Parliament.

The Bill seems to place all responsibility to gather evidence to support an application on the applicant. This should be the responsibility for the new Scottish Social Security Agency.

So what does SAMH want to see?

A lot! This bill is key to setting the direction for social security in Scotland and it is essential we get it right! Changes to the Bill we would like to see are:

• Clear definitions of disability, eligibility for benefits, timescales for determination and principles for assessment
• The reversal of recent changes to PIP regulations^[1] by the UK government  which make it harder for people with mental health problems to qualify for the higher rate of PIP
• Applications for Disability Assistance from people whose primary condition relates to mental health to be conducted by assessors who are experienced in mental health
• The majority of assessments to be paper based.
• People on disability benefits to automatically get free travel
• Scottish Government to use its top-up powers to reverse cuts to Employment And Support Allowance Work Related Activity Group (ESA, WRAG) and equivalent Universal Credit (UC) ‘Limited Capability for Work’ group
• A legal right to advocacy for people engaging with the Scottish Social Security System
• Tribunals to include a panel member with lived experience of the social security system., incorporating good practice from the Mental Health Tribunal for Scotland

Our full response to the Social Security committee can be read here.