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

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