Parliament

Ruth is a member of the Social Security Committee of the Scottish Parliament. This Committee evolved from the Welfare Reform Committee. With the devolution of social security powers through the Scotland Bill (2016), the responsibility of the Welfare Reform Committee is shifting from one of largely scrutiny without responsibility, to one of scrutiny plus responsibility - considering the design and implementation of Scottish security benefits - thus the change in name to ‘Social
Security Committee’.

More information on the devolution of new powers over welfare and benefits:

What is being devolved?

As part of the Scotland Act (2016), a range of benefits is being devolved to the Scottish Parliament. These are: Attendance Allowance, Carer’s Allowance, Disability Living Allowance, Personal Independence Payment, Industrial Injuries Benefit, Severe Disablement Allowance, Cold Weather Payment, Funeral Payment, Sure Start, Maternity Grant, Winter Fuel Payment, and Discretionary Housing Payments.

The Scottish Parliament will have the power to determine the structure and value of these benefits or replace these existing benefits with new benefits, in line with the legislative framework. 

The current value of benefits to be devolved is around £2.7bn, which accounts for around 15% of current benefit spend in Scotland. Combined with the areas of spend the Scottish Government already has responsibility for, the Scottish Government will be responsible for around 17% (£3bn) of all social security expenditure in Scotland. 

The Scotland Act 2016 will also devolve a range of other powers: expanded power to provide discretionary payments and assistance (effectively an expansion of provision in the Scotland Act 1998 that allows for the creation of crisis grants as part of the Scottish Welfare Fund); power to top-up reserved benefits; power to create other new social security benefits (other than pensions) in areas not otherwise connected with reserved matters; power to legislate for welfare foods; Scottish Ministers will have powers to vary the housing cost element of Universal Credit for rented accommodation and change payment arrangements for Universal Credit. The Scottish Parliament will also have powers over support for unemployed people through employment programmes.


When will this happen?

The Scottish and UK Governments are working together on the time-scale for the devolution and implementation of the new powers over benefits through the Joint Ministerial Group on Welfare. At its meeting on 16 June 2016, it agreed the commencement of eleven of the thirteen welfare provisions in the Scotland Act (2016) (including Universal Credit and Employment Support). This has been termed Tranche 1. The remaining two relevant sections of the Scotland Act (2016) (Tranche 2, which comprises sections 22 and 23 and can be summarised as ‘existing and ongoing benefits’) will be commenced at a later date.

It is important to note the following three main planks in the devolution of these new powers:
·         commencement/transfer of powers
·         legislation
·         delivery

Tranche 1 will be commenced before UK Parliament rises on 21st July 2016 (commencement/transfer of powers). The Scottish Government plans to introduce a new Social Security Bill in the Scottish Parliament by May 2017 (legislation). This will provide the framework for the establishment of a new benefits delivery agency in Scotland. The plan is for the agency to become operational during this parliamentary session. The implementation dates for any new welfare powers will be agreed by the Joint Ministerial Group on Welfare, with the Joint Exchequer Committee overseeing the transfer of funding

That is, the Scottish Parliament will hold legislative competence over the new powers for a considerable period before they are actually implemented. Even then, there is no plans for a ‘big bang’ introduction, but rather a process of smooth transition.

What has the Scottish Government committed to?

The Scottish Government has outlined the five principles at the heart of their approach to benefits and welfare. These are: social security is an investment in the people of Scotland; respect for the dignity of individuals is at the heart of everything we do; our processes and services will be evidence based and designed with the people of Scotland; we will strive for continuous improvement in all our policies, processes and systems, putting the user experience first; we will demonstrate that our services are efficient and value for money

More specifically, the government has proposed: increasing Carer’s Allowance so that it is paid at the same level as Jobseeker's Allowance; abolishing the Bedroom Tax; giving people claiming Universal Credit the choice to be paid fortnightly, and to have direct payments made to social landlords. 

The SNP Manifesto also included commitments to: creating a new Maternity and Early Years Allowance; restoring any removal of housing benefit for 18-21 year olds; increasing Carer’s Allowance for those who care for more than one disabled child to recognise higher costs; expanding Winter Fuel Payment to families with children in receipt of the highest rate of DLA. Following the election, the Scottish Government also announced a commitment to consider whether young carers needed any additional support.