First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Rules of Procedure)(Miscellaneous Amendment) Regulations 2022: child rights and wellbeing impact assessment

8. How will the impact of the policy/measure be monitored?

The Social Security (Scotland) Act 2018 places a duty on the Scottish Ministers to report annually to the Scottish Parliament on the performance of the Scottish Social Security System during the previous financial year. The report must include what Scottish Ministers have done in that year to meet the expectations on them set out in the Charter.

Under section 62A of the Social Security (Scotland) Act 2018, Scottish Ministers have powers for the non-disclosure of information to a recipient if it relates to the physical or mental health of an individual and if a registered medical practitioner or a registered nurse has advised Scottish Ministers that the information is likely to cause serious mental or physical harm to the recipient if disclosed. Scottish Ministers have committed to reporting annually on how often the provisions in section 62A of the Social Security (Scotland) Act 2018 have been used both for applications for standard disability assistance, and for applications for disability assistance on grounds of terminal illness. This is provided the numbers are not so low that it could lead to identifying clients.

Wellbeing indicators

With regard to section 96(2) of the Children and Young People (Scotland) Act 2014,^[3] these provisions are considered to measure positively against the following wellbeing indicators:

• Safe –young people will be protected from the risk of serious harm to their physical or mental health during an social security appeal.
• Healthy – young people will be protected from information that a registered medical practitioner or registered nurse has advised is likely to cause the young person serious harm to their physical or mental health.