Letter from Minister for Social Security and Local Government, 21 January 2022
Dear Neil,
I am writing in response to your letter of 11 January 2022, regarding the Adult Disability Payment regulations, in which the Committee requested further information on the independent review, terminal illness and eligibility changes to Adult Disability Payment.
What preparation is being undertaking to inform the scope of the review?
In order to enable additional time for reform of the mobility component of Adult Disability Payment to be considered, I have committed to facilitating a two stage review, with the first stage commencing this year. My approach to the Adult Disability Payment review was set out in my letter to the Committee of 17 December 2021. I intend to engage with stakeholders following agreement of the draft regulations.
What lessons can be learned from the roll-out of Child Disability Payment?
Our approach to Child Disability Payment was informed by user testing of the new application process, as well as our engagements with Experience Panel members and stakeholders. Following the introduction of Child Disability Payment, we have received positive anecdotal feedback about the new application process. This feedback has indicated that the process is easier, helpful and caring for families. We have used the same approach in developing Adult Disability Payment, giving us confidence that our approach is the right one. It also demonstrates that we can make meaningful changes to benefit people who access our services.
We know from the rollout of Child Disability Payment that a phased roll-out allows us to ensure the safe and secure delivery of a new service, by ensuring that our systems and processes work for the people who rely on our payments. In particular, this approach means that we can manage risks carefully, whilst providing operational assurance of delivery. This will be integral to the successful delivery of Adult Disability Payment, by ensuring that we can take a phased, controlled approach to delivery at scale. We will also continue to listen to feedback from applicants and stakeholders, and plan to publish feedback of their experience of the service in the spring.
We recognise that Child Disability Payment is still very new, with a strong level of interest in the new service. That means we should be cautious about drawing too many conclusions. We plan to undertake a wider thematic evaluation of disability benefits in Scotland, including the policy changes that we are implementing with Child Disability Payment. Work on the evaluation is underway, with the size, scope and research questions commencing development in 2022, providing us with useful insights once the service has operated for a meaningful period of time.
How does the Scottish Government plan to advertise the benefit to potential claimants?
To support the introduction of the new terminal illness rules the National Implementation Group was established, comprising clinicians and wider stakeholders. The Group has developed a raft of support measures for clinicians, designed to ensure the smooth implementation of the new terminal illness rules. This includes tailored communications for each phase of the staggered roll out highlighting where the new definition applies. As well as disseminating these updates with clinicians through established routes, these communications will also be shared with all those who support individuals who become terminally ill; for example through palliative care networks, related third sector organisations, networks for palliative care social workers, welfare rights advisors.
Social Security Scotland will also be holding multiple stakeholder events, specifically on the new terminal illness rules targeting both clinicians and others who support people who are terminally ill. In this way we will ensure all those who work with and support people who become terminally ill understand the changes, including when they come into force, thus enabling them to support people in accessing the expedited support available.
Further, publicly available guidance will set out information about making an application under the Special Rules on Terminal Illness (SRTI). This will include information on how to get a diagnosis and the guidance will be provided in a range of accessible formats. We have also developed easy-read information leaflets, with support from members of the National Implementation Group, which are tailored for clients outlining the new level of support available and the range of ways to access this.
How does the Scottish Government plan to work with the DWP to ensure that claimants are not disadvantaged by the existence of two types of terminal illness rules for social security benefits?
Officials are continuing work with UK counterparts to ensure that, as far as possible, the delivery of social security in both the reserved and devolved systems is developed in such a way that ensures that administrative processes and the complexity arising from the policy divergence in Scotland does not negatively impact on clients.
Social Security Scotland will accept the DWP’s DS1500 form to provide confirmation that someone is terminally ill. The DWP’s terminal illness definition will of course continue to be required for Scottish clients accessing benefits which continue to be the responsibility of the UK Government, such as Employment Support Allowance and Universal Credit. We have agreed with the DWP that, where a client already has a Benefits Assessment under Special Rules in Scotland (BASRiS) form, the DWP can use the information on this, as part of their suite of medical information, to determine whether the individual meets their definition and is therefore eligible for the reserved benefit under the DWP rules. This means if a BASRiS form has already been completed the DWP will not require a DS1500 form as well. There are two scenarios this will be particularly helpful; where a BASRiS form has been completed in error for a Scottish client but the new Scottish benefit has yet to launch, and for a Scottish client to access reserved benefits such as Universal Credit or Employment Support Allowance. This is intended to provide a seamless system for clients and frontline clinicians.
Communications with the DWP are ongoing to develop robust processes for sharing this information, which will ensure clients who are terminally ill receive the assistance they are entitled to in an expedited timeframe.
What changes could be made to Adult Disability Payment without endangering the safe and secure transition?
It is important to stress that detailed discussions over many years, have been had with the DWP to define the scope of safe and secure transfer. The changes to the PIP eligibility framework set out in these regulations are all those that we reached agreement on for the purposes of maintaining the access individuals have to pass-ported entitlements. I must be clear with Members; no further changes are possible at this stage for Adult Disability Payment to proceed and access for reserved premiums to continue. Any changes would require both significant further design and development, and agreement to be reached again with DWP. Given the magnitude and complexity of the work, this is simply not possible when delivering Adult Disability Payment to the timescales set out.
People with experience of trying to navigate the existing disability benefits system have been consulted at every step during the development of Scottish disability assistance. The overwhelming message we received in relation to PIP, from experience panel members, people responding to consultations and individuals directly contacting Government Ministers, was that assessments had to change.
Overhauling the assessment process has therefore been prioritised. It has been very significantly reformed – for example, by excluding the private sector from conducting assessments, abolishing undignified medical examinations, or providing for the majority of consultations to take place over the phone. These measures and others will fundamentally change the experience disabled people have in accessing the support they are entitled to.
Going beyond this, wherever it has been safe to do so, changes have been made to the existing PIP framework to ensure Social Security Scotland get entitlement decisions right, including in relation to mobility. I fully appreciate that the way the PIP criteria are applied can lead to decisions on mobility failing to reflect the pain, fatigue and variability that clients experience. Improving the application of the reliability criteria, only requiring one item of supporting information from a formal source, giving equal weight to information from the client’s informal network, and limiting informal observations, will bring about decisions which appropriately reflect how clients experience moving around.
I hope this information is helpful to the Committee in its consideration of the Adult Disability Payment regulations and I look forward to discussing these issues further in our upcoming evidence session.
Best regards,
Ben Macpherson
Minister for Social Security and Local Government
Social Justice and Social Security Committee
Letter from Convener to Minister for Social Security and Local Government, 11 January 2022