Adult Disability Payment: Independent Review Minutes - October 2024

Attendees and apologies

• Edel Harris OBE (Chair, Independent Review of ADP)
• Keith Rae (Lead Secretary, Independent Review of ADP)
• Tasneem Irshad (Member of Secretariat, Independent Review of ADP)
• Craig Smith, SAMH
• Emily Mann, Independent Member
• Erica Young, Citizens Advice Scotland
• Ellie Wagstaff, Marie Curie
• Mhairi Campbell, Independent Member
• John Wallace, Independent Member
• Steven McAvoy, ENABLE Scotland
• Keith Park, MS Society Scotland

Items and actions

Opening and updates

The Chair opened the session and summarised actions from the previous meeting.

The Chair outlined that the purpose of the session was to discuss the interim report and priorities for the next stage of the Review.

The Secretariat presented an update of the information requests and responses arising from the previous meeting.

Research

The Group received an update on research that is due for publication. Following this the Chair asked the Secretariat to obtain more information about Social Security Scotland’s approach to trauma-based practice.

Action: Wider consideration of Social Security Scotland’s approach to trauma-based practices in the next stage of the Review.

Stakeholder Engagement

The Chair provided the Group with an update on the meetings she has conducted with various stakeholder groups and individuals since the previous Group meeting and gave an overview of her upcoming engagements.

Interim Report

The Chair invited discussion of the interim report from Group members.

Group members gave their view that the report was comprehensive and displayed a balanced approach to recommendations in the context of current fiscal challenges.

The Group discussed the proposed amendments to the Social Security (Amendment) (Scotland) Bill  which is making its way through the Scottish Parliament currently, and said that they would welcome multiple methods for submitting ADP applications and the ability to monitor the progress of an application.

The Chair facilitated a discussion on specific conditions, emphasising the importance of engaging with relevant stakeholder groups. A Group member spoke of the challenges faced by individuals with specific conditions in waiting for Local Delivery to obtain supporting information and advice during the ADP application process.

The Group member also spoke about the difficulties people with specific conditions may have in obtaining supporting information and that some specific conditions may not be well understood amongst Social Security Scotland staff, which may be reflected in decisions.

A Group member spoke about the term ‘disability’ and how many people with some conditions may not identify as being disabled. The member went on to explain that there was confusion amongst some people with specific health conditions about other benefits that they may be entitled to.

The Group discussed changes in personal circumstances during re-determinations and appeals, noting that tribunals consider the circumstances at the date of the initial decision. However, a Group member highlighted an example of an appeal where the tribunal looked at a client’s circumstances at the point the re-determination decision was made by Social Security Scotland, rather than the date of the initial decision.

A Group member reflected their view that Scottish legislation has a legal obligation to carry out a determination without application when there is a change in a person’s circumstances.

A Group member discussed their experiences of how the lack of adequate supporting information during the appeals process can cause delays in tribunal proceedings.

The Group discussed the Special Rules for Terminal Illness (SRTI) and the changes implemented by the Scottish Government. However, the Group believed that the take-up rate for SRTI could be improved with increased engagement with terminally ill individuals and by allowing a broader range of healthcare professionals to submit supporting information.

The Group felt that there should be additional provision for other health care professionals in addition to GPs, to provide Social Security Scotland with supporting information in cases where people are applying for ADP.

The Group addressed the challenges experienced by third sector agencies and representatives of ADP applicants when sharing personal information during application discussions with Social Security Scotland. It was generally accepted that the available guidance was limited and lacked clarity.

Action: Consideration of guidance relating to safeguarding client information when Social Security Scotland interacts with third sector organisations and representatives acting on behalf of clients applying for ADP in the next phase of the Review.

Closing Remarks

The Group agreed to send any added reflections on the interim report in writing to the Secretariat for the Chair to consider in her planning for the next phase of the Review.

Action: Advisory Group members are invited to submit written comments on the interim report if they wish to do so.

The Chair explained that the eligibility criteria for Adult Disability Payment would be her first area of focus in the next phase. She gave an update on the drafting timetable and emphasised the importance of not losing focus on awareness and communications.

The Chair invited Group members to forward any information, including examples of good practice that might be useful for stage two of the review directly to the Secretariat.

Next Meeting

20 November 2024 from 12:00 to 14:30 via Microsoft Teams