Ill-Health and Disability Benefits Stakeholder Reference Group minutes: August 2024

Attendees and apologies

• Meg Sydney, Scottish Government
• Euan Geddes, Scottish Government
• David Hilber, Scottish Government
• Ken Law, Scottish Government
• Mimi Nicholls, Scottish Government 
• Neil Gibson, Social Work Scotland
• Pauline Nolan, Inclusion Scotland
• Gillian Young, Places for People
• Kirstie Henderson, RNIB Scotland
• Ali Lord, CPAG Scotland
• Stephanie Millar, Citizens Advice Scotland
• Richard Gass, Rights Advice Scotland
• Gerry McFeeley, NHS

Apologies

• Emilia Crighton, NHS
• Jim Hume, Support in Mind Scotland
• Moira Escreet, CPAG Scotland
• Dr Padmini Mishra, Scottish Government
• Rachel Cackett, CCPS
• John Cunningham, COSLA

Items and actions

Welcome

Chair, Meg Sydney, welcomed members to the 29th meeting of the Ill Health and Disability Benefits Stakeholder Reference Group.

Minutes and Scottish Government update paper

Members confirmed they had received the papers sent out prior to the meeting. 

The Chair confirmed that a note of the meeting will be circulated to members. 

Discussion on other minor changes

Euan Geddes from the Case Transfer Policy Team in the Scottish Government attended the meeting to update members on Scottish Adult Disability Living Allowance planned - gov.scot (www.gov.scot). 

Officials reminded members of the last update given to the group in August 2023. The discussion gave an overview of Scottish Adult Disability Living Allowance which will be the replacement benefit for Disability Living Allowance (DLA) for adults in Scotland. When it is due to launch in Spring 2025, it will be a closed benefit which will accept no new applications, but two types of awards will be transferred. 

• people who were born on or before 8 April 1948 and received a commitment from the DWP, on the introduction of Personal Independence Payment in 2013, that they could continue to receive DLA for as long as they were eligible to do so (‘65+’)
• people who were born after 8 April 1948 who have not yet had their DLA award transitioned to Personal Independence Payment or Adult Disability Payment (‘the working age group’)

More information on case transfer from DLA to Scottish Adult DLA can be found at: Moving from Disability Living Allowance (DLA) to Scottish Adult Disability Living Allowance. 

Members were informed that Scottish Adult DLA will be a like-for-like benefit with DLA for the purposes of eligibility criteria, components and rates, in order to facilitate a seamless transfer journey, but there will be some key improvements:

• individuals who are eligible under Special Rules for Terminal Illness (SRTI) will be entitled to the highest available rate of both components
• short-term assistance will be available for individuals who request a redetermination or appeal their award
• light-touch reviews
• for those in legal detention, payments will continue for 28 days, consistent with other alternative accommodation
• the Severe Visual Impairment test will be updated to be consistent with the latest NHS guidance

Members were given the opportunity to share feedback on the presentation but were supportive and no points of discussion were raised.

Update on Scottish Adult DLA to ADP Journey and informed choice

Euan delivered a presentation to members on the journey between Scottish Adult DLA and Adult Disability Payment. A key improvement discussed during the last update given to the group was that there will be no mandatory transfers to Adult Disability Payment. Officials outlined the steps in the transfer journey from Scottish Adult DLA to Adult Disability Payment:

• individuals can submit an application for Adult Disability Payment
• the individual will move onto an interim Adult Disability Payment award equivalent to the value of their Scottish Adult DLA award
• there will be a subsequent review based on the Adult Disability Payment eligibility criteria using the information in their application
• any increases in award will be backdated to when the application was submitted, while any decreases will be effective from the date that the review determination was made

With reference to the update paper provided prior to the meeting, officials highlighted their recognition of the importance of ensuring individuals can make an informed choice and that any risks involved in this process are clearly communicated. Officials outlined the aspects of the communications strategy to be:

• user tested communication through transfer letters, leaflets and benefit pages on www.mygov.scot
• signposting to independent, tailored support and advice before applying
• emphasis on choice, and risk to Scottish Adult DLA award
• messaging in Adult Disability Payment applications and calls to clients to discuss application
• stakeholder engagement.
• publication of decision-making guidance.

Members were invited to provide their views on the Scottish Government’s approach to communications while allowing for informed choice. Members were also asked if there are any key messages that they feel should be focussed on.  

Members asked if there was a period in which an individual could withdraw their application for Adult Disability Payment if they had sought advice and learnt that a move from Scottish Adult DLA would not be in their interest. Officials confirmed that this would be the case, up until the point where the entitlement for their interim Adult Disability Payment award begins. 

Members also asked if someone over state pension age could have a review if their care needs increase, rather than having to apply for disability assistance for those who are over state pension age. Officials explained that someone can remain on Scottish Adult DLA for as long as they are eligible and reported changes in circumstances will be reflected in their award, regardless of their age. However, when an individual is over state pension age, they will not be able to increase their mobility component in line with the rules for other disability benefits where an individual is over state pension age.  

Members discussed if individuals who currently have in ‘indefinite’ or ‘lifetime’ award with DLA would continue to have this entitlement under Scottish Adult DLA and then under Adult Disability Payment if they make the decision to move. Members highlighted that in their experience the longest review period for Adult Disability Payment has been 10 years. Officials clarified that any determination of a lifetime award will be honoured upon transfer to Scottish Adult DLA. If an individual is looking to make an application for Adult Disability Payment, they would need to have awareness that their indefinite award may not be continued, and this would need to be made clear within the communications to the individual. 

Members raised that they had heard from some individuals that, the information from their Severe Visual Impairment test has not been made available to Social Security Scotland upon transfer. There is a concern that this might also be the case for those transferring to Scottish Adult DLA. Officials confirmed they will investigate this point and will be in touch with members to provide an update. 

Members queried the rationale behind the decision to allow individuals over pension age to be able to have the mobility component increased or awarded for the first time when they apply for ADP, up until the end of 2027. Officials explained that this approach extended the exception to the age criteria introduced by DWP as part of the DLA to PIP transition, for a closed period. Members also asked for confirmation that this would be communicated. Officials explained that this approach was chosen to provide relevant individuals with a full two years between their award completing transfer and the date they would need to submit their application, before rules on the mobility component aligned with other benefits. This would allow them time to become accustomed to the devolved social security system, seek independent advice on whether they may receive a higher award on Adult Disability Payment, and make an application for Adult Disability Payment if they wished to do so. Officials confirmed that this would be clearly communicated. 

When asked, members confirmed they were supportive of the Scottish Government’s approach to communications. 

Action: David to investigate and provide an update to members regarding the transfer of information relating to the individual’s Severe Visual Impairment test.  

Update on communicating different transfer journeys

Euan delivered a final presentation to members on the communication around different transfer journeys.

Officials outlined the differences between the transfer journeys for the ‘65+’ and the ‘working age’ group. Reporting a change of circumstances or reaching the end of their current DLA award will trigger an immediate transfer to Scottish Adult DLA for an individual in the ‘working age’ group. This is to ensure they do not need to apply for Personal Independence Payment (PIP) and be subject to a DWP style assessment. For those over 65, DWP will consider the reported change under the DLA rules and the transfer will occur later through a ‘managed’ case transfer. 

When an individual who is ‘working age’ becomes eligible under the SRTI criteria, their transfer to Scottish Adult DLA will be immediately triggered for the reasons outlined above. If the individual is in the ‘65+’ group, the DWP would first consider the change under their Special Rules for End of Life criteria (SREL) and if they do not meet these rules, DWP will immediately trigger case transfer, for the award to be assessed under SRTI. Because the transfer process takes 4 weeks at minimum, this ensures people’s awards are increased as quickly as possible. 

Feedback from stakeholders has been that the Scottish Government should do everything they can to expedite increasing people’s awards in these circumstances. 

Officials explained that these differences in transfer journeys mean that communications need to be tailored to ensure individuals are accessing information which is relevant for their circumstances. Communications will therefore be focussed on date of birth, rather than using ‘working age’ and ‘65+’. Insights from user research will be used to improve communications prior to the launch of Scottish Adult DLA. 

Members were asked if they support the rationale of best communicating the different transfer journeys to the respective groups, and if there were any further considerations they wished to raise. 

Members asked for further clarification over the rationale behind the different case transfer routes. Officials explained that the DLA to Adult Disability Payment journey has been managed so individuals do not need to go through a PIP assessment, while it also means that for individuals in the ‘65+’ group, they will have their change considered as quickly as possible. 

Members were in general agreement and confirmed they were supportive of the rationale provided by officials. 

AOB and Close

Members did not have any other business. The Chair thanked members for attending the meeting and closed.