Stage 1 Report on the Social Security (Scotland) Bill

PDF Published: Monday 11 Dec 2017 (SOCS52017R3)

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Overview
Report

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Overview
Report
- Executive Summary of Key Conclusions and Recommendations
- Introduction
  - About the Bill
  - Scrutiny by the Social Security Committee
- Scottish Government Approach
- Issues not Included in the Bill
  - Primary v Secondary Legislation
    
    Eligibility criteria included in bill
    
    Super-affirmative Procedure
  - Independent Scrutiny
  - Uprating of benefits
  - Use of Private Contractors
  - Residency and Cross-border Issues
  - Automatic Assessment
- Part 1 of the Bill- Principles, Charter and Accountability
  - The Existing Principles
    
    Legal Basis
  - New and Amended Principles
    
    Advocacy
    
    Duty on Scottish Ministers
    
    The Eradication of Poverty
    
    Other Principles
    
    Discrimination
    
    Transparency and Accessibility
    
    Human Rights
  - The Charter
    
    Redress
    
    Accessibility
    
    Consultation
  - The Annual Report
- Part 2 of the Bill - Giving of Assistance by Scottish Ministers
  - Types of assistance
  - Form of assistance
  - New benefits
  - Short-term assistance
    
    Purpose of short-term assistance
    
    Whether short-term assistance is repayable
    
    DPLR Committee view on scope of power
  - Applications and Determining Entitlement
    
    Re-determinations and Appeals
  - Recovery of assistance given in error
  - Offences and Investigations
- Part 3 of the Bill - Supplementing assistance under other enactments
  - Top up of reserved benefits
  - Carer's allowance supplement
- Part 4 of the Bill - Discretionary Housing Payments
- Financial memorandum
  - Finance and Constitution Committee consideration
  - Social Security Committee consideration - ICT implementation
- Conclusions and Recommendations
- Annex A - Overview of evidence received on types of assistance
  - Carer's assistance
    
    Young Carer Grant
    
    Amount of carer's assistance available
    
    Link between carer's assistance and disability assistance
  - Cold-spell heating assistance
  - Winter heating assistance
  - Disability assistance
    
    General
    
    Definition of disability
    
    Assessment and eligibility
    
    Terminal illness
    
    Assistance for over 65s
    
    Scottish Government commitments
  - Early years assistance
  - Employment-injury assistance
  - Funeral expense assistance
- Annex B - Extracts from the minutes
- Annex C - Other written evidence
Sources

Social Security (Scotland) Bill submissions. (2017, September 1). Retrieved from http://www.parliament.scot/parliamentarybusiness/CurrentCommittees/105715.aspx

Child Poverty Action Group in Scotland. (2017). Written Submission.

Inclusion Scotland. (2017). Written Submission.

Scottish Government. (2017). Engagement on social security. Retrieved from https://beta.gov.scot/policies/social-security/engagement-on-social-security/

One Parent Families Scotland. (2017). Written Submission.

MS Scotland. (2017). Written Submission.

Professor Mullen, Glasgow University. (2017). Written Submission.

Law Society of Scotland. (2017). Written Submission.

Crohn's and Colitis UK. (2017). Written Submission.

Age Scotland. (2017). Written Submission.

Delegated Powers and Law Reform Committee. (2017). Social Security (Scotland) Bill at Stage 1 Report.

Social Security Committee 02 November 2017 [Draft], The Minister for Social Security (Jeane Freeman), contrib. 2, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035192

Citizens Advice Scotland. (2017). Written Submission.

Social Security Committee 05 October 2017 [Draft], Steven McAvoy, contrib. 22, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11138&c=2030170

The Poverty Alliance. (2017). Written Submission.

Delegated Powers and Law Reform Committee. (n.d.) Social Security (Scotland) Bill at Stage 1, 48th Report. Paragraph 52.

Delegated Powers and Law Reform Committee. (2017). Social Security (Scotland) Bill at Stage 1, 48th Report. Paragraphs 53 to 55.

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 4, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035194

Angus Independent Advocay. (2017). Written Submission.

Social Security Committee 28 September 2017 [Draft], Rob Gowans, contrib. 84, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11123&c=2027516

Enable Scotland. (2017). Written Submission.

Social Security Committee 14 September 2017, Professor McKeever, contrib. 24, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11079&c=2021053

Simpson, M., McKeever, G., & Gray, A.M. (n.d.) Social security systems based on dignity and respect. Retrieved from https://www.equalityhumanrights.com/sites/default/files/social_security_systems_based_on_dignity_and_respect.pdf [accessed 2017]

Church and Society Council, Church of Scotland. (2017). Written Submission.

City of Glasgow Council. (2017). Written Submission.

Convention of Scottish Local Authorities. (2017). Written Submission.

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 69, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035259

Social Security Committee 28 September 2017, David Semple, contrib. 20, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11123&c=2027452

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 71, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035261

Social Security Committee 28 September 2017 [Draft], Nicola Dickie, contrib. 26, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11123&c=2027458

Social Security Committee 14 September 2017, Professor McKeever, contrib. 30, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11079&c=2021059

Social Security Committee 14 September 2017 [Draft], Professor McKeever, contrib. 28, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11079&c=2021057

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 57, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035247

Social Security Committee 07 September 2017, Norman Gray, contrib. 10, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11064&c=2018644

Equality and Human Rights Commission. (2017). Written Submission.

Scottish Government. (2017, September). Policy Position Paper Social Security Principles and a Rights Based Approach.

Dumfries and Galloway Advisory Service. (2017). Written Submission.

Advocard. (2017). Written Submission.

North Lanarkshire Council Corporate Welfare Reform Group. (2017). Written Submission.

Citizen's Advice Scotland. (2017). Written Submission.

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 44, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035234

Social Work Scotland. (2017). Written Submission.

Coalition for Racial Equality and Rights. (2017). Written Submission.

Engender. (2017). Written Submission.

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 42, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035232

Scottish Human Rights Commission. (2017). Written Submission.

Disability Agenda Scotland. (2017). Written Submission.

Scottish Public Services Ombudsman. (2017). Written Submission.

Scottish Government. (2017, September). Policy Position Paper Social Security Charter and Independent Scrutiny.

Royal Blind and Scottish War Blinded. (2017). Written Submission.

Scottish Commission on Learning Disability. (2017). Written Submission.

Parkinson's UK in Scotland. (2017). Written Submission.

Delegated Powers and Law Reform Committee. (2017). Social Security (Scotland) Bill at Stage 1, 48th report.

Social Security Committee 26 October 2017 [Draft], Derek Young, contrib. 101, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032960

Social Security Committee 05 October 2017 [Draft], Bill Scott, contrib. 75, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11138&c=2030223

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 36, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035226

Social Security Committee 28 September 2017, David Semple (Public and Commercial Services Union), contrib. 4, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11123&c=2027436

CPAG. (2017). Written Submission.

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 7, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035197

Argyll and Bute Council. (2017). Written Submission.

Social Security (Scotland) Bill. (2017). Policy Memorandum, Paragraph 197.

Social Security Committee 05 October 2017, Craig Smith, contrib. 104, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11138&c=2030252

Social Security Committee 21 September 2017, John Dickie, contrib. 42, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11100&c=2023979

NHS Health Scotland. (2017). Written Submission.

Scottish Government. (2017, September). Policy Position Paper, Re-determinations and appeals.

Govan Law Centre. (2017). Written Submission.

Social Security Committee 21 September 2017, Jessica Burns, contrib. 82, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11100&c=2024019

Social Security Committee 28 September 2017, Nicola Dickie, contrib. 62, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11123&c=2027494

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 9, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035199

Social Security (Scotland) Bill. (2017). Policy Memorandum, Paragraph 259.

Social Security Committee 21 September 2017, John Dickie, contrib. 69, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11100&c=2024006

Social Security Committee 28 September 2017, Simon Hodge, contrib. 138, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11123&c=2027570

Social Security Committee 21 September 2017, Jessica Burns, contrib. 70, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11100&c=2024007

Social Security Committee 21 September 2017, Jessica Burns (Regional Tribunal Judge, Social Entitlement Chamber), contrib. 7, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11100&c=2023944

Low Incomes Tax Reform Group. (2017). Written Submission.

Scottish Federation of Housing Associations. (2017). Written Submission.

Social Security Committee 28 September 2017 [Draft], Nicola Dickie, contrib. 71, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11123&c=2027503

Scottish Government. (2017). Social Security (Scotland) Bill Financial Memorandum. Paragraphs 54 to 56.

Scottish Government. (2017). Social Security (Scotland) Bill Financial Memorandum. Paragraph 61.

Scottish Parliament. (2017). Finance and Constitution Committee Official Report of 13 September 2017 meeting. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=11076&mode=pdf

Letter from Convener, Finance and Constitution Committee to Convener, Social Security Committee. (-2017, October 4). Retrieved from http://www.parliament.scot/S5_Social_Security/Inquiries/Letter_to_the_Social_Security_Committee.pdf

Finance and Constitution Committee 13 September 2017, James Wallace, contrib. 141, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11076&c=2030896

Finance and Constitution Committee 13 September 2017, Chris Boyland, contrib. 160, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11076&c=2020534

Audit Scotland. (2017, May 1). 5 prinicples for a digital future: Lessons learned from public sector ICT projects. Retrieved from http://www.audit-scotland.gov.uk/uploads/docs/report/2017/briefing_170511_digital_future.pdf

Social Security Committee 14 September 2017, Caroline Gardner, contrib. 69, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11079&c=2021098

Social Security Committee 02 November 2017 [Draft], Jeane Freeman, contrib. 47, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035237

Social Security Committee 02 November 2017 [Draft], Andy McClintock (Scottish Government), contrib. 48, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11169&c=2035238

Social Security Committee 21 September 2017, Emma Ritch, contrib. 122, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11100&c=2024059

Social Security Committee 26 October 2017 [Draft], Heather Noller, contrib. 27, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032886

Social Security Committee 26 October 2017 [Draft], Heather Noller, contrib. 21, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032880

Carers Trust Scotland. (2017). Written Submission.

Social Security Committee 26 October 2017 [Draft], Amy Woodhouse, contrib. 14, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032873

Social Security Committee 07 September 2017, Norman Gray, contrib. 20, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11064&c=2018654

Social Security Committee 07 September 2017, Moira Sinclair, contrib. 17, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11064&c=2018651

Social Security Committee 26 October 2017 [Draft], Heather Noller, contrib. 13, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032872

Social Security Committee 26 October 2017 [Draft], Derek Young, contrib. 107, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032966

Social Security Committee 26 October 2017 [Draft], Suzanne Munday, contrib. 100, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032959

Delegated Powers and Law Reform Committee. (2017). Social Security (Scotland) Bill at Stage 1, 48th Report. Paragraph 43.

Paragraph 142, Policy Memorandum. (2017). No title

Social Security Committee 05 October 2017, Craig Smith, contrib. 101, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11138&c=2030249

Social Security Committee 05 October 2017, Bill Scott, contrib. 41, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11138&c=2030189

Social Security Committee 21 September 2017, Jessica Burns, contrib. 61, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11100&c=2023998

Social Security Committee 26 October 2017 [Draft], Derek Young, contrib. 110, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032969

Social Security Committee 05 October 2017, Hugh Robertson, contrib. 114, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11138&c=2040651

Scottish Government. (2017, September). Policy Position Paper Disability Assistance and Employment-Injury Assistance.

Scottish Government. (2017). Social Security (Scotland) Bill Policy Memorandum. Paragraph 172.

Social Security Committee 26 October 2017 [Draft], Suzanne Munday, contrib. 68, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11155&c=2032927

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