Disability and Carer Benefits Expert Advisory Group - Scottish Carer's Assistance consultation: response from ministers

Summary of recommendations on Scottish Carer’s Assistance and Carer’s Additional Child Payment and responses

Scottish Carer’s Assistance

Recommendation

1. When developing the stated outcomes for Scottish Carer’s Assistance, the Scottish Government should not overly rely on the stated purpose of the reserved Carer’s Allowance. Instead, the outcomes most important to people who receive CA should be sought and used as a foundation. Key themes to explore include: the importance of CA to women, CA as an individual income, and CA as recognition of the efforts of carers.

Response

Previously accepted.

Recommendation

2. The Scottish Government should take a human rights based approach when developing the outcomes for Scottish Carer’s Assistance. International guidance documents will provide useful insights in this regard.

Response

Previously accepted.

Recommendation

3. The relationship between unpaid carers and social care must be well understood when considering how to improve outcomes for carers. It is important unpaid carers are not expected to take on or maintain caring roles due to inadequacies in the social care system.

Response

Previously accepted.

Recommendation

4. There are clear equalities dimensions to consider when developing Scottish Carer’s Assistance, especially with regards to gender, disability and race/ethnicity, to ensure an improved standard of living and quality of caring relationships. This is key to avoiding unequal impacts and experiences of the social security system.

Response

Previously accepted.

Recommendation

5. Where there are gaps in data regarding protected characteristics, the Scottish Government must seek to close these gaps. Working closely with organisations that work with these groups is an important way to work towards this aim.

Response

Previously accepted.

Recommendation

6. The interactions between CA and other reserved benefits must be well understood and carefully considered when developing the new Scottish Carer’s Assistance.

How people who receive reserved benefits will be advantaged or disadvantaged by specific changes to Scottish Carer’s Assistance must be a key consideration when developing those changes. We are keen to revisit this point, potentially with the help of our technical subgroup, once the policy options for substantive changes are further developed.

Response

Previously accepted.

Recommendation

7. It should be clearly stated in relevant benefit decision making guidance that providing care is not inconsistent with meeting the eligibility criteria for disability benefits.

Response

Accept. I agree that providing care is not in itself inconsistent with meeting criteria for disability benefits and will consider how we can ensure this is clear in guidance.

Recommendation

8. Creating an easily accessible straightforward application based on trust will be an important part of getting Scottish Carer’s Assistance right. It is important that claimants are offered multiple methods of applying.

Response

Accept. Caring hours will be reported by carers and taken on trust. A range of application channels will be available and processes will be designed with users to be clear and easy to use.

Recommendation

9. Developing simple rules and application processes that do not deter applicants from pursuing education, work, or applying for Scottish Carer’s Assistance in the first place, will be key.

Response

Accept. While eligibility will mirror Carer’s Allowance from launch we are working to ensure the benefit is simple to use and will make changes to education rules from launch.

Recommendation

10. Ensuring carers are able to balance their caring responsibilities with opportunities to pursue appropriately flexible employment and/or education should be a priority when developing Scottish Carer’s Assistance.

Response

Accept. While Carer Support Payment needs to align with Carer’s Allowance from launch, we are making changes from launch to improve access to education and considering future changes to improve access to employment for

recipients of the benefit.

Recommendation

11. How differences in the quantity and quality of care might be recognised in Scottish Carer’s Assistance merits further exploration. However, any mechanism for doing so must be balanced against ensuring eligibility rules are straightforward and applications are easy to make.

Response

Accept. We are committed to providing additional support for those with multiple caring roles and are considering a future change to allow carers to add together hours of care provided to two people. In making any changes we are aware of the importance of balancing the need for targeted support against the requirement to ensure the benefit remains simple to use.

Recommendation

12. The 8 week run-on period provided for in CA should be reviewed when developing SCA. Moreover, the Scottish Government should put processes in place to link carers whose caring has ended with support to help them transition to a life where they no longer provide care.

Response

Accept. We are committed to extending the period for which Carer Support Payment is paid from 8 to 12 weeks after the loss of a cared for person as soon as possible after case transfer completes, and to linking carers to wider support services where possible in how we deliver Carer Support Payment.

Carer's Additional Child Payment

Recommendation

1. The Scottish Government should increase support for all carers of multiple severely disabled people regardless of the age of the cared for person.

Response

Accept. The Scottish Government is committed to providing extra support for those caring for more than one person of any age – Carer’s Additional Person Payment – as soon as possible after case transfer is complete.

Recommendation

2. If the Scottish Government does not extend support to all carers of multiple severely disabled people, it must clearly articulate its reasons and adequately equip support services to explain this reasoning to carers.

Response

No longer a consideration for Carer's Additional Person Payment. This relates to the age restriction in the previous commitment.

Recommendation

3. The eligibility conditions of CACP should extend entitlement to include carers of qualifying young people as this would increase consistency and could simplify administration.

Response

No longer a consideration for Carer's Additional Person Payment. This relates to the age restriction in the previous commitment.

Recommendation

4. Eligibility to CACP should be extended to anyone who is entitled to Carer’s Allowance or the carer element of Universal Credit, regardless of whether they actually receive it.

Response

Do not accept. Carer's Additional Person Payment will be targeted at Carer Support Payment recipients as those likely to be on the lowest incomes. We will work to increase take-up of Carer Support Payment among carers on Universal Credit and are considering at other ways to address concerns raised regarding support for those with ‘underlying entitlement’ only.

Recommendation

5. Carers should be entitled to CACP for each severely disabled child or young person they care for, regardless of whether they also care for a severely disabled adult.

Response

Accept. Carers will be entitled to a Carer’s Additional Person Payment for each additional person they care for, where eligibility criteria are met, with no restrictions relating to the age of cared for people for either their Carer Support Payment or Carer's Additional Person Payment award.

Recommendation

6. The rules for CACP should incorporate the qualifying benefit rules to allow claims to be treated as being made at an earlier date.

Response

Accept. Carer's Additional Person Payment will be delivered after Carer Support Payment and this will allow backdating in line with Carer Support Payment.

Recommendation

7. Awards for CACP should be six monthly as opposed to annually, to ensure that changes of circumstances are better reflected in awards.

Response

Accept. Carer's Additional Person Payment will be delivered after Carer Support Payment and carers will be able to report changes in circumstance and have these reflected in the same way as for Carer Support Payment.

Recommendation

8. Consolidate multiple annual renewal dates into a single date for individual claimants caring for multiple children to simplify the renewal process.

Response

Accept. As above.

Recommendation

9. The Scottish Government should ensure that CACP is completely disregarded for purposes of means-testing other benefits, grants, financial aid, and care packages. To do this, the Scottish Government should ensure all relevant guidance and regulations are properly amended.

Response

Accept. In line with our agreement with the UK Government, Carer's Additional Person Payment will be disregarded in reserved means-tested benefits, so will not reduce the amount carers receive. Further work will be required in developing the benefit to consider impacts on wider support and tax.

Recommendation

10. Communications regarding CACP must be clear about the purpose of making this payment.

Response

Accept. While the Carer’s Additional Child Payment commitment has now been extended to the Carer’s Additional Person Payment, clear communications will remain an important priority, and we will work to be clear about the purpose of the payment, and who is able to access this.

Recommendation

11. The Scottish Government should use communications promoting CACP to promote take-up of carer’s assistance generally, including to those who might be eligible for Carer’s Allowance but are not currently receiving it.

Response

Accept. As above.

Recommendation

12. As part of its take up strategy for CACP, we suggest the Scottish Government contacts all recipients of Carer’s Allowance to see if they care for any additional severely disabled children.

Response

Accept. As we plan to deliver Carer's Additional Person Payment once case transfer is complete we will consider the best approach to raise awareness and maximise take up of the benefit with people receiving Carer Support Payment.

Recommendation

13. The Scottish Government must commit to making CACP as good as it can be now, and not use opportunities for future changes as a reason for delaying improvements.

Response

Accept. In delivering Carer Support Payment and Carer's Additional Person Payment we will work with carers and support organisations to ensure benefits are designed and provided in a way which will suit their needs and provide a positive experience of social security.

Recommendation

14. The Scottish Government must use the stated purposes of CACP, including improving quality of life, as the key measures of success in evaluation. Equalities impacts should also be appropriately analysed. We would welcome discussing possible indicators with your officials. The outcomes of such evaluations must be used to continuously improve CACP.

Response

Accept. The approach to Carer's Additional Person Payment evaluation will be developed further alongside the benefit. Information on the planned evaluation approach for Carer Support Payment and work to consider equality impacts and develop impact assessments was set out in our response to the advice on ‘Beyond a safe and secure transfer’.

Recommendation

15. The Scottish Government must work closely with all relevant public, private, third sector, and community led organisations - including disabled peoples organisations and carers themselves - to establish a holistic approach to improving outcomes for carers and the people they care for.

Response

Accept. We are continuing to work with colleagues across government and stakeholders on ongoing improvements to support for carers and to consider how links can be made to ensure carers can access all the support they are entitled to.

Recommendation

16. The Scottish Government should provide support to carers and the people they care for at the point they lose entitlement to CACP, especially with help to apply for other relevant benefits or grants and linking to wider education, employment and skills support. It should also consider developing its own discretionary fund to help individuals during this transition.

Response

Partially accept. The Carer’s Additional Child Payment commitment has been extended to Carer’s Additional Person Payment. However, we recognise the broader point about support at transitional points. In delivering Carer Support Payment we are working to make links with wider support and services and considering in particular where this may help carers at transitional points.

Beyond a safe and secure transfer

Recommendation

27. Any communications to carers around Short-term Assistance should be clear, concise and in sufficient detail. This should include information on eligibility, how and when to apply.

Response

Accept. Short-term assistance will now be delivered post case transfer but we will continue to work with carers and support organisations to ensure information and communications around Carer Support Payment are as clear and comprehensive as possible and support take-up.

Recommendation

28. Payment run-ons should be implemented in instances where Scottish Carer’s Assistance awards are stopped due to the underlying entitlement stopping.

Response

Partially accept. This is being considered for changes post safe and secure transfer. We will extend the ‘run on’ following the loss of a cared for person, and have set out proposals for potential ‘run ons’ where a cared for person is in hospital or residential care. We are continuing to consider the consultation response and the Group’s advice in relation to future changes.

Recommendation

29. Scottish Carer’s Assistance should not be stopped, suspended or lowered to a ‘nil award’ in instances where the cared-for person has been in hospital, residential care, or temporary care for any number of days.

Response

Partially accept. This is being considered for changes post safe and secure transfer. Carer Support Payment regulations provide for situations where payments would be set to £0, to prevent overpayments but reduce the need for re- applications. It would not be the case that £0 awards in these situations would link to additional amounts in reserved benefits in the same way as ‘underlying entitlement’. We have set proposals we are considering around providing a ‘run on’ of support in these situations, and are continuing to consider the response to the consultation in developing proposals for future change.

Recommendation

30. We would recommend that the ‘past presence test’ be removed due to its discriminatory nature. Any intended rationale to retain the test should be provided beyond it being replicated from the UK system.

Response

Partially accept. The ‘past presence’ test for Carer Support Payment will align with the test for our disability benefits and will be disapplied in some cases. This will allow carers coming to Scotland from outwith the Common Travel Area to access support sooner. Any decision to remove the test altogether would need to be considered across all devolved benefits, taking into account impacts on wider support.

Recommendation

31. A carer’s statement of hours should be sufficient evidence of eligibility for Carer’s Assistance and Carer’s Additional Person Payment.

Response

Accept. It is our intention that for both Carer Support Payment and Carer's Additional Person Payment hours of caring would be self-reported by carers on application and benefits would be awarded on the basis of trust.

Recommendation

32. The Scottish Government should share the evidence that concludes 20 hours of care a week for each additional person is required to be deemed ‘significant’.

Response

Partially accept. The proposal to set the caring hours requirement at 20 hours followed discussion with stakeholders as aligning with Carer Support Payment at 35 hours was considered too high. Evidence shows that 20 hours is a key point at which the impact of caring starts to be felt in terms of a carer’s health and employment. We are continuing to consider the consultation feedback and the advice from the Group in work to develop detailed policy for Carer's Additional Person Payment.

Recommendation

33. The amount of Carer’s Additional Person Payment should be substantially increased in line with the human rights principle of adequacy.

Response

Do not accept. Carer's Additional Person Payment is not intended to be a payment for care or an ‘income replacement’ benefit, however, we recognise the concerns raised by the Group and through the consultation and we will continue to consider these. Work is also ongoing on a Minimum Income Guarantee.