Social Security (Scotland) Bill

Author: Kate Berry, Nicki Georghiou, Nicola Hudson, Camilla Kidner and Jon Shaw

PDF Published: Thursday 31 Aug 2017 (SB 17-57)

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Overview
Report

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Overview
Report
- Executive Summary
- Background
  - Commencement of the new social security powers
    
    Split competence
  - Bill and policy development
    
    Experience panels and advisory groups
    
    Social security agency
- Legislative approach to devolved social security
- Principles and accountability
  - The principles
    
    Social security as a human right
  - The charter
  - Coverage of the principles and charter
  - Accountability and monitoring
    
    Independent scrutiny body
- The framework of the Scottish social security system
  - Applications and determinations
    
    Determinations without an application
    
    Form of applications
    
    Who should apply for assistance
    
    Information and evidence required
    
    Consequences if required evidence not provided
    
    Determinations and decisions
    
    Further determinations during a period of entitlement
  - Challenging determinations
    
    Re-determinations
    
    Time limit to request a re-determination
    
    Time limit to carry out a re-determination
    
    Appeals to the First-tier Tribunal
    
    Onward appeals to the Upper Tribunal and the Court of Session
    
    Which determinations can be challenged
  - Overpayments and criminal offences
    
    Overpayments of devolved assistance
    
    Incorrect payments not resulting from mistaken decisions
    
    Liability where an individual is not at fault
    
    Recovery of overpayments
    
    Time limit to begin recovery action
    
    New criminal offences created by the bill
    
    Offence of failing to report a change of circumstances
- Devolved social security assistance
  - Provisions relating to all types of devolved assistance
    
    Up-rating of amounts of assistance
    
    Residence and presence
    
    Assistance in cash or 'in kind'
    
    Eligibility for other types of assistance
  - The individual types of devolved assistance
    
    The basic eligibility criteria for types of devolved assistance
    
    Scottish Government commitments on social security
  - Short-term assistance
- Top-ups to reserved benefits
- Carer's allowance supplement
  - Uprating carer's allowance supplement and carer's assistance
  - How the supplement will be delivered
  - Who will receive the carer's allowance supplement
- Discretionary housing payments
  - Bill provisions on discretionary housing payments
    
    Local authority duty to provide information
    
    Guidance on discretionary housing payments
  - Consultation on discretionary housing payments
- Financial memorandum
  - Budgetary impacts and risks
  - Policy costs
    
    Increasing carer's allowance
  - Social security system costs
  - Other unquantified costs
Sources

Berry, K., Kidner, C., Georghiou, N., & Wane, K. (2016, May 31). New Social Security Powers. Retrieved from http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-45_New_Social_Security_Powers.pdf [accessed 17 May 2017]

The Scotland Act 2016 (Commencement No. 1) Regulations 2017. no. 759 (2017). (2017, April 26). Retrieved from http://www.legislation.gov.uk/uksi/2016/759/contents/made [accessed 26 July 2017]

The Scotland Act 2016 (Commencement No. 5) Regulations 2017. 2017 No 455. (n.d.) Retrieved from http://www.legislation.gov.uk/uksi/2017/455/contents/made [accessed 26 July 2017]

The Scotland Act 2016 (Transitional) Regulations 2017. no. 444. (2017, March 20). Retrieved from http://www.legislation.gov.uk/uksi/2017/444/contents/made [accessed 25 July 2017]

Explanatory Memorandum to the Scotland Act 2016 (Transitional) Regulations 2017. (n.d.) Retrieved from http://www.legislation.gov.uk/uksi/2017/444/pdfs/uksiem_20170444_en.pdf [accessed 31 May 2017]

Scottish Government. (22, November 2016). Letter from Angela Constance MSP, Cabinet Secretary for Communities, Local Government and Equalities to Sandra White MSP, Convenor of the Social Security Committee. Retrieved from http://www.parliament.scot/S5_Social_Security/General%20Documents/social_security_committee_221116.pdf [accessed 29 June 2017]

Scottish Government. (2017, May 26). Personal Communication.

Scottish Government. (2017, April 27). Social Security Agency: Ministerial Statement - Social Security Minister Jeane Freeman. Retrieved from https://news.gov.scot/speeches-and-briefings/social-security-agency [accessed 25 May 2017]

Social Security (Scotland) Bill [as introduced] Policy Memorandum, SP Bill 18-PM. (2017). Retrieved from http://www.parliament.scot/Social%20Security%20(Scotland)%20Bill/SPBill18PMS052017.pdf [accessed 23 June 2017]

Scottish Government. (2017, February). Analysis of written responses to the consultation on social security in Scotland. Retrieved from http://www.gov.scot/Resource/0051/00514351.pdf [accessed 18 May 2017]

Scottish Government. (2017, April 27). Outline business case for the agency for social security in Scotland. Retrieved from http://www.gov.scot/Resource/0051/00517239.pdf [accessed 27 June 2017]

Social Security (Scotland) Bill [as introduced] Delegated Powers Memorandum, SP Bill 18-DPM. (2017). Retrieved from http://www.parliament.scot/Social%20Security%20(Scotland)%20Bill/SPBill18DPM052017.pdf [accessed 28 June 2017]

Scottish Government. (2016, March). Creating a fairer Scotland: a new future for social security in Scotland. Retrieved from http://www.gov.scot/Resource/0049/00497219.pdf [accessed 2017 May 25]

Scottish Government. (2016, September 6). A Plan For Scotland: The Scottish Government's Programme For Scotland 2016-17, page 53. Retrieved from http://www.gov.scot/Resource/0050/00505210.pdf

Universal declaration of human rights. (1948). Retrieved from http://undocs.org/A/RES/217(III) [accessed 10 August 2017]

International covenant on economic social and cultural rights. (1966). Retrieved from http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx [accessed 10 August 2017]

Convention on the the rights of the child. (1989). Retrieved from http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx [accessed 10 August 2017]

United Nations Committee on. (2016). Concluding observations. Retrieved from http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E/C.12/GBR/CO/6&Lang=En [accessed 10 August 2017]

Children and Young People (Scotland) Act. (2014). Retrieved from http://www.legislation.gov.uk/asp/2014/8/contents/enacted [accessed 10 August 2017]

United Nations Economic and Social Council. (2007). General comment no. 19. The right to social security. [accessed 10 August 2017]

Council of Europe. (n.d.) European Convention on Human Rights. Retrieved from http://www.echr.coe.int/Documents/Convention_ENG.pdf [accessed 9 May 2017]

Rowland, M., & White, R. (2016). Social Security Legislation 2016/17 vol 3. Administration, adjudication and the European dimension. London: Sweet and Maxwell.

Human Rights Act. (1998). Retrieved from http://www.legislation.gov.uk/ukpga/1998/42/contents [accessed 10 August 2017]

R v. Secretary of State for Work and Pensions. [2016] UKSC 58. (2016). Retrieved from https://www.supremecourt.uk/cases/uksc-2016-0029.html [accessed 10 August 2017]

DA v. Secretary of Work and Pensions [2017] EWHC 1446 (Admin). (2017). Retrieved from http://www.bailii.org/ew/cases/EWHC/Admin/2017/1446.html [accessed 10 August 2017]

BBC. (2017, June 22). Single parent wins benefit cap High Court challenge. Retrieved from http://www.bbc.co.uk/news/business-40367686 [accessed 10 August 2017]

Scottish Human Rights Commission. (2016). Response to Scottish Government consultation on social security. Retrieved from https://consult.scotland.gov.uk/social-security/social-security-in-scotland/consultation/view_respondent?_b_index=60&uuId=210942296 [accessed 10 August 2017]

Equality and Human Rights Commission. (2016). Response to Scottish Government consultation on social security. Retrieved from https://consult.scotland.gov.uk/social-security/social-security-in-scotland/consultation/view_respondent?_b_index=60&uuId=222402909 [accessed 10 August 2017]

Scottish Government. (2017). Social Security (Scotland) Bill - Equality Impact Assessment. Retrieved from http://www.gov.scot/Resource/0052/00521332.pdf [accessed 28 June 2017]

Simpson, M., McKeever, G., & Gray, A.M. (2017). Social security systems based on dignity and respect. Retrieved from https://www.equalityhumanrights.com/en/publication-download/social-security-systems-based-dignity-and-respect [accessed 28 August 2017]

Scottish Government. (2017). A New Future for Social Security: Scottish Government Response to the Consultation on Social Security in Scotland. Retrieved from http://www.gov.scot/Resource/0051/00514404.pdf [accessed 30 May 2017]

Shaw, J. (2017). SPICe briefing SB 17-52 Scotland Act 2016: industrial injuries benefits and severe disablement allowance. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2017/8/18/Scotland-Act-2016--industrial-injuries-benefits-and-severe-disablement-allowance [accessed 31 August 2017]

Freeman, J. (2017, June 22). Letter from Jeane Freeman, Minister for Social Security to Sandra White, Convener, Scottish Parliament Social Security Committee. Retrieved from http://www.parliament.scot/S5_Social_Security/General%20Documents/20170622_Minister_for_Social_Security_to_May_meeting.pdf] [accessed 10 August 2017]

Social Security (Scotland) Bill [as introduced] Explanatory Notes, SP Bill 18-EN. (n.d.) Retrieved from http://www.parliament.scot/Social%20Security%20(Scotland)%20Bill/SPBill18ENS052017.pdf [accessed 14 July 2017]

The Social Security (Claims and Payments) Regulations 1987 No. 1968. (n.d.) Retrieved from http://www.legislation.gov.uk/uksi/1987/1968 [accessed 2 August 2017]

Scottish Government. (2016, March 23). Scotland Act 2016. Retrieved from http://www.legislation.gov.uk/ukpga/2016/11/contents

Scottish Government. (2017). Social Security (Scotland) Bill: Privacy Impact Assessment. Retrieved from http://www.gov.scot/Resource/0052/00521331.pdf [accessed 20 July 2017]

Social Security (Scotland) Bill [as introduced] SP Bill 18. (2017). Retrieved from http://www.parliament.scot/Social%20Security%20(Scotland)%20Bill/SPBill18S052017.pdf [accessed 23 June 2017]

Scottish Government. (2017, August 25). Personal Communication.

Social Security Act 1998. (1998). Retrieved from http://www.legislation.gov.uk/ukpga/1998/14 [accessed 18 July 2017]

The Social Security and Child Support (Decisions and Appeals Regulations 1999 no. 991. (1999). Retrieved from http://www.legislation.gov.uk/uksi/1999/991/contents [accessed 20 July 2017]

CPAG. (2017). Welfare Benefits and Tax Credits Handbook 2017/18. London: CPAG.

The Welfare Funds (Scotland) Regulations 2016 No. 107. (2016). Retrieved from http://www.legislation.gov.uk/ssi/2016/107/contents/made [accessed 14 July 2017]

R(CJ) and SG v SSWP (ESA) [2017] UKUT 0324 (AAC). (2017). Retrieved from https://assets.publishing.service.gov.uk/media/5983352ce5274a1704000066/CE_0766_2016-00.pdf [accessed 15 August 2017]

Tribunals (Scotland) Act 2014 asp 10. (2014). Retrieved from http://www.legislation.gov.uk/asp/2014/10/contents [accessed 27 July 2017]

Social Security Administration Act 1992 c. 5. (1992). Retrieved from http://www.legislation.gov.uk/ukpga/1992/5 [accessed 28 June 2017]

DWP. (2017). Benefit overpayment recovery: staff guide. Retrieved from https://www.gov.uk/government/publications/benefit-overpayment-recovery-staff-guide [accessed 28 July 2017]

Prescription and Limitation (Scotland) Act 1973. (1973). Retrieved from http://www.legislation.gov.uk/ukpga/1973/52/contents [accessed 14 July 2017]

Scottish Government. (2016, July). A New Future for Social Security: Consultation on Social Security in Scotland. Retrieved from https://consult.scotland.gov.uk/social-security/social-security-in-scotland/ [accessed July 2017]

Scottish Parliament. (2016, June 9). Official Report. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10459&mode=pdf [accessed 11 August 2017]

Social Security Committee 02 March 2017, Jeane Freeman, contrib. 18, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10823&c=1979935

Scottish Government. (2017, July 28). Personal Communication.

The Universal Credit (Claims and Payments) (Scotland) Regulations 2017 No. 227. (n.d.) Retrieved from http://www.legislation.gov.uk/ssi/2017/227/contents/made [accessed 17 August 2017]

SNP. (2016). Manifesto 2016. Retrieved from https://www.snp.org/manifesto_2016 [accessed 27 July 2017]

Children in Scotland. (2016). Response to Scottish Government consultation on social security. Retrieved from http://www.childreninscotland.org.uk/sites/default/files/Social%20Security%20Bill%20Consultation%20Response.pdf [accessed 11 August 2017]

MacPherson, S. (n.d.) Child Poverty (Scotland) Bill: Consideration prior to stage 3. Retrieved from http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11044&mode=pdf [accessed 11 August 2017]

Child Poverty (Scotland) Bill [as amended at stage 2] SP Bill 6A. (2017). Retrieved from http://www.parliament.scot/Child%20Poverty%20(Scotland)%20Bill/SPBill06AS052017.pdf [accessed 11 August 2017]

Scottish Parliament. (2017, April 25). Official Report. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10906&mode=pdf [accessed 11 August 2017]

Scottish Parliament. (2015, November 4). Official Report. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10177&mode=pdf [accessed 11 August 2017]

Georghiou, N. (2016). SB 16-52. Scotland Act 2016: Carer's Allowance. Retrieved from http://www.parliament.scot/parliamentarybusiness/99927.aspx [accessed 11 August 2017]

Welfare Reform and Work Act 2016 c. 7. (2016). Retrieved from http://www.legislation.gov.uk/ukpga/2016/7/contents [accessed 21 July 2017]

Scottish Parliament. (n.d.) Written PQ SW5-.

Scottish Government. (2017, August 4). Personal Communication.

Scottish Government. (2016, October 11). Minutes of the Joint Ministerial Working Group on Welfare. Retrieved from https://beta.gov.scot/publications/joint-ministerial-working-group-on-welfare-minutes-october-2016/

Constance, A. (2017, March 29). Letter from Angela Constance MSP, Cabinet Secretary for Communities, Local Government and Equalities to Sandra White MSP, Convenor of the Social Security Committee. Retrieved from http://www.parliament.scot/S5_Social_Security/General%20Documents/20170330_AC_to_SW_JMWGW.pdf

Scottish Parliament. (, May 10). Written PQ SW5-09090. [accessed 11 August 2017]

DWP. (n.d.) Stat-Xplore. Retrieved from https://stat-xplore.dwp.gov.uk/webapi/jsf/dataCatalogueExplorer.xhtml [accessed 11 August 2017]

HM Government. (2015). Scotland in the United Kingdom: An enduring settlement (Cm 8990). Retrieved from https://www.gov.uk/government/publications/scotland-in-the-united-kingdom-an-enduring-settlement [accessed 1 January 2017]

HM Treasury, Scottish Government and the Rt Hon Greg Hands MP. (2016). The agreement between the Scottish government and the United Kingdom government on the Scottish government’s fiscal framework. Retrieved from https://www.gov.uk/government/publications/the-agreement-between-the-scottish-government-and-the-united-kingdom-government-on-the-scottish-governments-fiscal-framework [accessed 11 August 2017]

Berry, K., & Kidner, C. (2016, June 3). SPICe Briefing 16/50 Scotland Act 2016 Discretionary Payments and New Benefits. Retrieved from http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-50_Scotland_Act_2016-_Discretionary_Payments_and_New_Benefits.pdf [accessed 27 July 2017]

Scottish Government. (2016). Scottish Government Draft Budget 2017-18. Retrieved from http://www.gov.scot/Resource/0051/00511808.pdf [accessed 27 June 2017]

DWP. (2016, December). Discretionary Housing Payments Guidance Manual. Retrieved from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/576787/discretionary-housing-payments-guide.pdf [accessed 27 June 2017]

Welfare Funds (Scotland) Act 2015 asp 5. (n.d.) Retrieved from http://www.legislation.gov.uk/asp/2015/5/contents [accessed 18 August 2017]

Letter from DWP to Convener of the Social Security Committee. (2017, April 20). Retrieved from http://www.parliament.scot/S5_Social_Security/Inquiries/20170420DG_to_SW_PW.pdf [accessed 2 August 2017]

Anouk, B. (2016, November 7). The Fiscal Framework (SB 16/88). Retrieved from http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-88_The_Fiscal_Framework.pdf [accessed 27 July 2017]

Social Security (Scotland) Bill [as introduced] Financial Memorandum, SP Bill 18-FM. (2017, undefined). Retrieved from http://www.parliament.scot/Social%20Security%20(Scotland)%20Bill/SPBill18FMS052017.pdf [accessed 23 June 2017]

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