Committee backs social security Bill – but raises concerns about balance

MSPs on the Social Security and Social Justice Committee said they were ‘not convinced the right balance has been struck’ in one part of the Bill.

A Holyrood committee has been scrutinising legislation that aims to enhance Scotland’s social security system (Dominic Lipinksi/PA)

A Holyrood committee has said it is “not convinced the right balance has been struck” by ministers in part of a Bill that makes changes to Scotland’s devolved benefits system.

The Social Security (Amendment) (Scotland) Bill was introduced by the Government in a bid to enhance the existing system but also to deliver increased efficiency and value for money.

Overall, MSPs on Holyrood’s Social Security and Social Justice Committee agreed the changes in the Social Security (Amendment) (Scotland) Bill had been “undertaken in a way that takes account of the ethos” of the legislation which had established the original system.

However, with one section – which requires those claiming benefits to provide information to Social Security Scotland so it can audit the extent of fraud and error in the system as a whole – the committee said they had heard “strong objections” to such a change.

Under the proposals, where if people fail to give the information required of them, their benefit can be suspended, and if they still fail to comply with requests their entitlement can be reviewed.

While the committee stressed the principles of “dignity and respect” were key to the social security system, MSPs noted that “sometimes different principles will need to be weighed against each other”.

However, here they said they were “not convinced the right balance has been struck”.

The committee report added that ministers “could have done more to consult with stakeholders on information for audit”.

It claimed this part of the legislation had “caused a good deal of confusion”, with the MSPs adding they “still have some reservations about the provisions”.

As such, they called on the Scottish Government to provide “for a more expansive explanation as to why the provisions do not, in its view, conflate audit and tackling fraud”.

As the report was published, committee convener Collette Stevenson said MSPs wanted more in the legislation “to ensure there are no unintended consequences for people who are claiming assistance and to reassure them that dignity, fairness and respect are at the heart of the process”.

She added that the report made “several practical recommendations, including creating consistent deadlines for requesting redeterminations, removing the need for an error to be identified before an appeal can be lapsed and providing a ‘cooling off’ period for withdrawing requests for redeterminations and appeals”.

Social Justice Secretary Shirley-Anne Somerville said: “The Social Security (Amendment) (Scotland) Bill is a part of the ongoing development of a radically different social security system, delivering 14 benefits, seven of which are only available in Scotland.

“We recognise, however, that it is important that we continuously seek to make improvements which build on that track record of successful delivery as our experience grows.

“I am glad that the committee recognises the Bill is in line with our person-centred, rights-based approach, where people are treated with dignity, fairness and respect and I am happy to work with members of the committee and other members of the Scottish Parliament as we take this important set of improvements forward.”