Chamber and committees

Under the terms of our Agency Agreement with the Department for Work and Pensions (DWP) Carer’s Allowance must be delivered in Scotland under the same procedures and rules as in England and Wales. As the COVID restrictions are lifted, DWP’s firm position is that there is no longer a need for these easements. We have encouraged DWP to consider closely the impact of this change. Regulations remain in place that continue to ensure that breaks in care for the period from March 2020 up to 31 August 2021 are disregarded as part of Carer’s Allowance calculations. Moreover, if Parliament passes the Carers Allowance Supplement (Scotland) Bill then an increased payment of Carer’s Allowance Supplement will be made in December, which will total £462.80 for those in receipt of Carer’s Allowance in Scotland.

Carers Allowance sits alongside a wide range of carer support, including the Carers Act which enhances and extends the rights of all carers in Scotland. This year we have invested an additional £28.5m for local carer support, bringing total investment in the Carers (Scotland) Act to £68m per year. We are currently consulting on how best to amend the Carers (Scotland) Act to create a new right to breaks from caring. Alongside the statutory support, we fund Shared Care Scotland and Family Fund to deliver the £3 million per year Short Breaks Fund. Last year we put an extra £1.1m into the Short Breaks Fund and £300,000 in our Young Scot young carer package, to support carers of all ages to enjoy some time away from their caring role and look after themselves. This year we have already committed an extra £570,000 for the Short Breaks Fund and in October will be opening the ScotSpirit Holiday Voucher Scheme for carers and families on low incomes. Although not specifically for carers, the Scottish Welfare Fund can also provide a vital safety net for those on a low income experiencing a short term financial crisis.

I refer the member to the answer to question S6W-02859 on
‎ 24 September 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Payment of Carer’s Allowance Supplement to people in receipt of Carer’s Allowance provides support to those carers typically on lower incomes and has enabled the Government to deliver much needed increased support as quickly as possible.

Extending eligibility to those with underlying entitlement would be a very significant undertaking requiring a completely new application process. Designing and developing the systems required and providing support to clients would require substantial additional resource within Social Security Scotland. New data sharing and co-operation arrangements would be required with DWP both to provide the data required to ensure those with underlying entitlement receive the payment and to ensure that payments were disregarded in the calculations of other benefits. All of this work would be complex and time-consuming and could only realistically be achieved with changes to the timetable for the delivery of the social security programme.

Developing Scottish Carer's Assistance, the replacement for Carer's Allowance, is a priority for delivery following the introduction of disability benefits. Support for carers with 'underlying entitlement' is being considered as part of that work. The Government will begin a consultation before the end of this year on proposals for Scottish Carer's Assistance.

As part of the general funding available to NHS General Dental Services, dental practices are required to ensure practice information leaflets, including information on appointments, is available in large print form. This is checked as part of the Practice Inspection Process.

Dental practices are also able to access interpretation services through their local NHS Board.

Scottish Government officials hold regular discussions with Department for Work and Pensions officials on a range of matters including eligibility criteria for Adult Disability Payment. During these discussions, our overriding commitment is to ensure processes are in place for the safe and secure transfer of clients to Adult Disability Payment. It is essential clients continue to receive the payments they rely on. Moreover, we have made changes to how clients will experience accessing disability assistance in Scotland, such as replacing assessments with person centred consultations. Also the reliability criteria, used to determine eligibility, will be enshrined more fully in legislation for Adult Disability Payment.

Our overriding commitment is to the safe and secure transfer of disability assistance from the Department for Work and Pensions (DWP) to Social Security Scotland, and this has been our priority throughout the development of our new social security system. It is essential that clients continue to receive the payments they rely on both in terms of disability benefit and the passported access this provides. To this end, the Adult Disability Payment criteria will remain largely the same as the existing Personal Independence Payment Framework during the case transfer process, but will be reviewed in due course. We also need to continue to safeguard against creating a system in which individuals paid by Social Security Scotland are subject to significantly different eligibility requirements from clients whose cases have not yet transferred to the Scottish system.

Changes we are making to the delivery of Adult Disability Payment, such as replacing assessments with person centred consultations, will improve the delivery and process of Adult Disability Payment and address many of the concerns raised by stakeholders, including on the 20 metre rule. In particular, the reliability criteria, which is applied to determine eligibility, will be enshrined more fully in legislation for Adult Disability Payment than it previously has been for Personal Independence Payment. This criteria requires a client to be able to carry out activities safely, repeatedly, in an acceptable manner and in a reasonable time, and these factors will be used to ensure that decisions will take full account of how the client experiences each activity – including moving around.

We have also committed to undertaking an independent review of Adult Disability Payment in 2023, one year after delivery has begun. The review will enable all of the eligibility criteria to be considered and will ensure that people in receipt of Adult Disability Payment will be able to provide their valuable feedback and experiences of the process so far. The DWP are aware of our commitment to review Adult Disability Payment.

A well-functioning care sector will be vital in delivering a prosperous wellbeing economy for Scotland – one that is strong, fair and green.

The Scottish Government’s Economic Recovery Implementation Plan published in August 2020, acknowledged the care sector as key economic infrastructure and recognised that investment in care yields significant economic returns.

The Scottish Government has committed to delivering a 10 year National Strategy for Economic Transformation in Autumn 2021. This strategy will set out the steps we will take to deliver a stronger, fairer and greener economy.

Asylum is a matter reserved to the UK Parliament and handled by the Home Office. This includes provision of asylum accommodation to people who require it while awaiting the outcome of their asylum application. The Scottish Government has no control of asylum accommodation and support.

The Home Office procures asylum accommodation through private sector contracts. Mears Group are the current contract holder in Scotland.

While recognising that hotels have enabled people to be accommodated during the Covid-19 pandemic, we have been clear that hotel accommodation for people seeking asylum is not acceptable as general practice or as long term accommodation. People seeking asylum should be provided with accommodation that is suitable for their needs and is based in communities to enable integration from day one of arrival. The Scottish Government will continue to engage with the Home Office, Mears Group, Glasgow City Council, COSLA and third sector support organisations in Glasgow on matters relating to asylum accommodation, support and integration.

In March 2021, the Scottish Parliament unanimously passed the UNCRC (Incorporation) (Scotland) Bill (the “Bill”), which aims to incorporate the UN Convention on the Rights of the Child into Scots law to the maximum extent possible within the powers of the Scottish Parliament. The UK Government challenged the legislative competence of certain provisions of the Bill in a reference to the UK Supreme Court. A hearing was held on 28 and 29 June 2021 and judgment is awaited.

The Scottish Government remains committed to the incorporation of the UNCRC to the maximum extent of the Parliament’s powers and to commencement of the Bill as soon as possible. Whilst the reference means that the Bill cannot receive Royal Assent at this stage, the majority of work in relation to implementation can and is continuing, consistent with the fact that the case is before the UK Supreme Court.

• We are investing in a £4 million programme over three years to help to ensure public services are consistently upholding children’s rights
• The UNCRC Strategic Implementation Board has been meeting monthly since 1 July 2021 to provide strategic vision and oversight of a comprehensive and joined-up implementation programme
• A UNCRC Implementation Guidance Reference Group has been established comprising of key partners, and has been meeting fortnightly since 17 May 2021 to assist Scottish Government in developing non-statutory guidance to assist public authorities and those undertaking functions of a public nature to fulfil the UNCRC
• To support the meaningful and inclusive participation of children and young people in the UNCRC Strategic Implementation Board and wider implementation programme, we are working to establish a consortium of organisations that have strong, trusting relationships with children and young people across Scotland