Letter from Minister for Social Security and Local Government, 26 January 2022
Dear Convener,
During my committee appearance on 20 January 2022 on the Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022, I offered to provide more information on the following issues.
Volume recruitment of operational staff
The most recent published workforce statistics from September 2021 confirmed that Social Security Scotland directly employed 1,478 Full Time Equivalent employees. Following the First Minister’s announcement that 2,000 additional staff were to be recruited into Social Security Scotland, the new Volume Recruitment systems and processes went live in September 2021. This project was established to enable the recruitment of operational colleagues in Scottish Government grades A3 – B2 grade to support the launch of Adult Disability Payment and Scottish Child Payment phase 2.
So far, Social Security Scotland has launched 18 campaigns, 10 of which are at offer stage, 2 at interview stage, and 6 at live advert stage. Across the 18 campaigns, we have received over 12,500 applications from over 8000 candidates.
Over 500 offers have now been made to successful candidates, with merit lists still being created for over 1000 successful video interviews. Social Security Scotland has seen a high pass rate at interview, which is believed to have been influenced both by providing information sessions to candidates prior to interview, and the recruitment process itself.
New systems and processes for volume recruitment have allowed Social Security Scotland to significantly improve its time from initial advert to offer from approximately 4 months to around 2 months. New workers implemented in the Scottish Government payroll team have increased payroll and onboarding capacity and reduced processing times. This is allowing Social Security Scotland to react to resourcing requirements much more swiftly than in previous years.
To maintain awareness of recruitment, Social Security Scotland has launched a new national advertising campaign to attract candidates, and continues to run information workshops for prospective candidates.
Social Security Scotland has received very positive feedback from candidates about the new recruitment process. Candidate surveys from the first round of recruitment campaigns showed that 98% of candidates enjoyed doing a values based online test and 99% stated that it gave them a positive impression of Social Security Scotland.
Health and social care recruitment
The small number of senior management and practitioner roles required for Child Disability Payment have been successfully filled.
Based on current workforce planning models, in total it is expected there will be a requirement for in excess of 300 full-time equivalent staff in health and social care practitioner roles in Social Security Scotland’s new Health and Social Care Operations Division. This number is not viewed as a target, but is based on current modelling figures and will continually be reviewed. Recruitment and on-boarding of new staff continues, but currently Social Security Scotland has 29 employees in health and social care practitioner roles.
Recruitment is currently ongoing for the larger number of practitioner roles needed to support Adult Disability Payment. Social Security Scotland has confirmed start dates for 37 candidates - 20 practitioners and 17 senior practitioners between now and April (the majority starting in January and February).
Social Security Scotland has 40 interviews this month for practitioners and will be going to advert again shortly for further senior practitioners and additional practitioners. Although there is significant pressure on this labour market and a scarcity of qualified health and social care professionals more widely due to the impact of the pandemic, current response rates suggest a healthy initial interest in the vacancies.
The Scottish Government is currently finalising a new application system for public appointments. Once finalised, the new system will be used to publicly appoint an additional Commissioner as a priority.
In response to the publishing of SCoSS’ first annual report, Audit Scotland recommended that, “as SCoSS continue to develop their governance arrangements, it is important that functions which are ordinarily performed by an audit committee are adequately addressed.”
The Scottish Government have since identified a preferred candidate to act as an independent and external advisor to test and advise SCoSS on their audit functions. This advisor will support Commissioners and the Secretariat in drafting and developing SCoSS’s annual report and accounts and managing the relationship between SCoSS and Audit Scotland. Officials will update the Committee when this appointment is in place.
The Government is also currently recruiting two additional members of staff at Band B to the SCoSS Secretariat and is reviewing what further staff resources may be required.
No healthcare professional will be placed under a legal obligation to provide supporting information by the Scottish Government. GPs and other healthcare professionals providing NHS services will not be able to charge individuals for providing supporting information.
GPs who complete a Benefits Assessment under Special Rules in Scotland (BASRiS) form or Supporting Information forms are eligible to claim a fee. The fee rates are as follows: £17 for completing a BASRiS form and £33.50 for completing a Supporting Information form. Social Security Scotland will budget for and administer these payments.
Other medical staff can only claim a fee in accordance with the terms and conditions of their contracts, which maintains the status quo, in terms of eligibility to claim a fee, for the equivalent DWP forms.
With regards to the Supporting Information form, we only pay a fee where we have requested the completion of a form following a request from a client. We will only reach out to the professional named by the client with their consent. In regards to BASRiS forms, appropriate healthcare professionals should complete these as soon as they determine that an individual meets the terminal illness definition as set out in the Chief Medical Officer guidance.
The rates are a policy decision made by the Scottish Government to ensure parity with the Department for Work and Pensions’ equivalent rates for a DS1500 form and a GP Factual Report. The Scottish Government’s decision to keep the rates the same follows discussions with the Scottish GP Committee of the British Medical Association.
It is a legal requirement for all healthcare professionals completing a BASRiS form to pay regard to Chief Medical Officer guidance. This guidance, available on Social Security Scotland’s website, includes detailed information on what must be included when completing a BASRiS form.
In regards to the Supporting Information form, there is guidance available on the Social Security Scotland website and a network has been set up which includes all Health Boards and local authorities in Scotland to provide support for filling out forms and allow GPs and other healthcare professionals to raise any issues or concerns.
In regards to payment for completing BASRiS forms, once we receive a BASRiS fee claim form, Social Security Scotland will check that a BASRiS has also been received, and then a payment will be issued.
When GPs are issued a Supporting Information form they will also receive a fee claim form to complete and return to us. Once received, the expenses process is followed to set up a one-off payment.
Where we request the supporting information from a healthcare professional employed by third sector, we will also pay a fee (to the organisation not the individual). We recognise the important role the third sector can play in the provision of supporting information.
I understand and share the desire to move clients’ benefits to our new system as quickly as possible. Our top priority is to ensure these benefits are transferred safely and securely. If we attempted to transfer all cases at the same time or too quickly, we could potentially overwhelm Social Security Scotland and risk disrupting client awards [Bill Scott of Inclusion Scotland stated, “It should be a phased transfer because, otherwise, the system could be overwhelmed. If everybody chose to transfer at once to CDP, that would overwhelm Social Security Scotland staff. The last thing that people want is an interruption in the payments or for a file to go missing somewhere due to an anomaly in the system because they have transferred before everybody else whose surname has the same initial or whatever.” Official Report of the Social Security Committee, 25 Feb 2021 at column 8]. These are not risks we are willing to take. We, therefore, considered a wide range of options on how to prioritise client’s awards for transfer. Our decisions seek to ensure those who would face the most significant impacts of remaining with DWP are transferred first.
For Disability Living Allowance for Children to Child Disability Payment, we are prioritising the transfer of awards of older clients, starting with clients who are between 15 and a half and 18. This will ensure clients have had their award safely moved across in good time for us to support them in their transition to Adult Disability Payment. It also minimises the need for those who require an appointee upon turning 16 to have to go through two different appointee processes, one with DWP and another with us once their award has transferred. We are also prioritising those who meet the Special Rules for Terminal Illness to make sure they can avail themselves of our more generous eligibility rules as soon as possible. This approach was lauded by stakeholders when the Social Security Committee considered the Child Disability Payment regulations last year [Ed Pybus of CPAG noted, “On priority, it seems that the groups that are being targeted are those where there are different rules for CDP, such as children turning 16 and those with terminal illness. That seems to be the right approach to take.” Official Report of the Social Security Committee, 25 Feb 2021 at column 9]. We are still working with DWP to determine how we will prioritise the awards of clients who are under 15 and a half, but we will do so in a way that best minimises the impacts those staying in the DWP system might face.
Our approach to prioritisation for transfer to Adult Disability Payment seeks to ensure that, wherever possible, no one in Scotland will undergo a DWP reassessment for disability benefits after national launch. To this end we will prioritise transferring the awards of Scottish clients who would otherwise require a review of their Personal Independence Payment (PIP) award or be advised to make an advanced application of PIP to continue their award after Adult Disability Payment launches nationally. Similarly, if someone in receipt of PIP reports a change in condition after national launch, we will select that client’s award for transfer to Social Security Scotland.
If during the process we find that it is possible to accelerate the rate of case transfer, whilst still meeting the requirement that it is safe and secure, then we will.
Section 10 of the Social Security (Scotland) Act 2018 gives individuals a legal right to advocacy in connection with the determination of the individual’s entitlement to be given assistance. The processes for Scottish Ministers considering suspending assistance or ending a suspension are quite different from making a determination of entitlement. We have nonetheless made a policy decision to provide a broad right to advocacy throughout the whole of the process for seeking assistance from Social Security Scotland. This will be from the point of application, through any request for redetermination, any scheduled or unscheduled review, any consideration of suspending assistance, and any decision about who manages the individual’s entitlement to assistance.
My officials will update the Committee as soon as a publication date is set.
I would also like to take the opportunity to answer in more detail another question asked by Mr Jeremy Balfour MSP. Mr Balfour asked about the situation where Social Security Scotland do decide to end entitlement because the initial suspension has failed to prompt the individual to engage with Social Security Scotland. Mr Balfour wanted to know if an individual would receive a back-dated amount of assistance if the individual successfully appealed against the determination to stop their award.
Firstly, an individual in this position might be entitled to a back-dated award as soon the suspension is ended. The individual would immediately become entitled under the latest determination of the individual’s entitlement to receive the money that was temporarily withheld from the individual as a result of the suspension, but only if the determination is that the individual was entitled during that period of suspension. The individual would also have the opportunity to request a re-determination of the decision to end entitlement. If the entitlement in question is a form of Disability Assistance, then the individual will be entitled to apply for Short term Assistance during the period of re-determination and/or appeal. If the entitlement in question is Scottish Child Payment, then the individual will not be entitled to apply for Shor term Assistance. If the individual successfully appealed against the decision to end entitlement, then the individual would receive a back-dated amount of assistance less the value of any Short-term assistance the individual received.
I trust that this letter provides the Committee with the information required. I look forward to continuing my engagement and positive working relationship with the Committee.
Best regards,
Ben Macpherson
Minister for Social Security and Local Government
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