Chamber and committees

We have engaged extensively with people with neurological conditions, and organisations which represent them, throughout the development of Adult Disability Payment. Also, during the process of passing the Social Security (Scotland) Act 2018, it was decided that private sector health assessments would not take place in the devolved social security system. Social Security Scotland makes entitlement decisions based on the individual’s account of the impact of their disability or condition and other supporting information. This includes information from people’s wider support network, in order to understand the full range of needs someone with a neurological condition has over a period of time.

Social Security Scotland do not carry out any functional examinations because they do not provide reliable information, particularly in relation to neurological conditions as needs can fluctuate over time. Instead, consultations are a conversation between the practitioner and the client, starting from a position of trust.

As of 19 July 2022 we had issued 79 letters to people receiving Personal Independence Payment to let them know the transfer of their award to Adult Disability Payment has begun. These cases were selected as part of our small Personal Independence Payment to Adult Disability Payment pilot. Once Adult Disability Payment launches nationally on 29 August, we will begin selecting large numbers of Disability Living Allowance and Personal Independence Payment awards for transfer.

We have also developed and are delivering a strategic communication and engagement plan for case transfer. This includes a series of stakeholder roadshows to key stakeholders as well as stakeholder newsletters. We have also included case transfer messaging in our Adult Disability Payment communications such as media releases, opinion pieces, social media posts on Scottish Government and Social Security Scotland channels and paid for marketing campaigns that have run in the pilot areas. Paid for activity has covered radio, social media, digital and print. We will continue implementing this communication and engagement plan as the case transfer process continues.

Case transfer is a joint programme between the Scottish Government and the Department for Work and Pensions. We aim to have safely and securely transferred the awards of everyone living in Scotland in receipt of devolved disability and carer benefits currently delivered by the Department of Work and Pensions to Social Security Scotland by the end of 2025.

From 29 August 2022, adults in Scotland in receipt of Disability Living Allowance will have their awards moved to Adult Disability Payment if they would otherwise have been asked by the Department for Work and Pensions to apply for Personal Independence Payment. Final policy is still being developed on moving the awards of all other adults currently in receipt of Disability Living Allowance.

We have undertaken significant engagement with people who have lived experience of energy limiting conditions and organisations which represent them. Adult Disability Payment has been designed to be inclusive and accessible for people with energy-limiting conditions. Applications can be made through a choice of channels and the questions are relevant to people with fatigue and fluctuating conditions. Social Security Scotland makes entitlement decisions based on the individual’s account of the impact of their disability or condition and other supporting information, including from people’s wider support network. This is particularly helpful for people who may have difficulty accessing a diagnosis or treatment.

Consultations between a client and a health and social care practitioner employed by Social Security Scotland will only be held when necessary. Examinations, such as asking clients to touch their toes, will not be used as they do not provide reliable information, especially in relation to energy-limiting conditions. Social Security Scotland case managers also stringently apply the reliability criteria. This means that entitlement decisions must take into account the full impact fatigue has on individuals when completing activities, including any recovery time needed afterwards.

There are additional treatment options for selected groups of people with COVID-19 who are thought to be at high risk with a prioritised clinical condition, as well as those taking part in registered clinical trials related to COVID-19. The high risk group does include those with rare neurological conditions such as:

• multiple sclerosis
• motor neurone disease
• myasthenia gravis
• Huntington’s disease

The decision on whether to prescribe a medicine for a patient is entirely for their clinician. Information on the arrangements for direct access to COVID-19 treatments in Scotland can be found at: Coronavirus (COVID-19): Treatments | NHS inform .

High risk individuals who have been diagnosed with chronic neurological disease are now included in the clinical risk group of the autumn/winter booster programme as advised by the Joint Committee on Vaccination and Immunisation (JCVI).

The following groups will be offered an additional booster dose from Sept 2022:

• residents in a care home for older adults and staff working in care homes for older adults
• frontline health and social care workers
• all adults aged 50 years and over
• those aged 5 to 49 years in a clinical risk group, including pregnant women
• those aged 5 to 49 years who are household contacts of people with immunosuppression
• carers aged 16-49 years

Letters will be sent out to the first eligible groups next month with appointments beginning in Sept. Discussions on the details of the delivery timetable are underway with health board partners. More information will be made available in due course.

People will have their Disability Living Allowance award selected for transfer to Adult Disability Payment if they would otherwise be required to claim Personal Independence Payment. These will be individuals that were under 65 on 08 April 2013 and, after 29 August 2022, report a relevant change of circumstances, are due to have their award renewed, or that ask to have their award transferred.

We estimate that approximately 3,000 people in Scotland could see their Disability Living Allowance awards transferred to Adult Disability Payment between 29 August 2022 and 29 August 2023.

Scottish Ministers cannot commission the Migration Advisory Committee (MAC) to consider changes to the Shortage Occupation List (SOL).

The Scottish Government responded to recent reviews of the SOL with detailed evidence on labour market shortages and how the SOL could more suitably meet Scotland’s distinct needs. We also provided evidence calling for the permanent addition of social care roles to the SOL with key roles subsequently added to the List as per the MAC’s recommendation.

Scotland has distinct population challenges, the January NRS population projections reinforce the need for a migration policy tailored to our needs. We remain dependant on a UK Government immigration system that fails to address Scotland’s distinct demographic, labour market and economic challenges. We need a responsive system that allows us to decide how to accommodate our distinct labour market needs.

Given the changes to the UK immigration system, the role of the SOL must be reviewed so that there is clarity as to its purpose and benefits. The Scottish Government must also be given a formal role in determining occupational shortages in Scotland.

The summary reform pilots are judicially-led and an operational matter for the independent Scottish Courts and Tribunals Service (SCTS) in collaboration with other criminal justice partners. SCTS advises that while the pilots will be monitored and evaluated throughout, plans to report on their outcomes have yet to be fixed. However the Quarterly Criminal Court Statistics published by SCTS provides quarterly figures on criminal court activity in all High, Sheriff and Justice of the Peace courts, giving national trends as well as detailed figures for local courts in solemn and summary criminal business. The figures for the Pilot courts at Dundee, Hamilton and Paisley Sheriff Courts are and will continue to be, readily accessible via that publication .

Recommendation 36 of the second Strategy Transport Projects Review (STPR2) recommends a detailed national audit and review of support for lorry parks to address barriers hampering their development, consider their financial stability and develop adequate standards.

This would include consultation with the freight industry, representative bodies, local authorities, and other stakeholders to collect views on the provision of lorry parks including where and what type of facilities are required and the potential demand for alternative fuel provision zero emission vehicles.

The STPR2 final reporting is due for completion later this year and will follow the conclusion of the public consultation which closed in April. Work on recommendation 36 will commence thereafter.

Information about the Zero Emissions Truck Taskforce, including membership and minutes, can be found on the Transport Scotland website at: Zero Emission Truck Taskforce | Transport Scotland.