Scotland's social security system: enhanced administration and compensation recovery - consultation

Introduction

This consultation seeks views on a number of proposed changes which have been identified as desirable since the passage of prior primary legislation, principally the Social Security (Scotland) Act 2018 (the '2018 Act').

The Scottish system of social security is founded on dignity, fairness and respect, and takes a rights-based approach to delivering devolved welfare powers.

The Scottish Social Security Principles provide the foundation of this Scottish system. These seven core principles deliberately correspond to some of the fundamental aspects of the right to social security, as set out in key human rights instruments such as the International Covenant on Economic, Social and Cultural Rights, the Universal Declaration of Human Rights and the European Social Charter.

The principles are set out on the face of the 2018 Act, with strong stakeholder and public support, and with the intention of embedding the more positive, supportive ethos of the Scottish system from the outset.

The proposals being consulted on in this document are aimed at effecting the continuous improvement of the Scottish social security system across a range of topics, in line with the following social security principles:

opportunities are to be sought to continuously improve the Scottish social security system in ways which put the needs of those who require assistance first, and advance equality and non-discrimination

the Scottish social security system is to be efficient and deliver value for money

The consultation is set out in themed sections which connect relevant proposals with these principles. Proposals for changes and questions seeking views on those proposals are grouped into the following sections:

• Improving client experience
  • Scottish Child Payment
  • Re-determinations
  • Determinations after an appeal is lodged
  • Appointees
  • Challenge rights for overpayment liability
• Delivering value for money
  • Compensation recovery
  • Alternatives to prosecution for low-value fraud
  • Overpayment liability where someone acts on a client's behalf
• Independent advice and scrutiny of Social Security
• Coronavirus (COVID-19) measures

The consultation has been designed to allow for submission of each of the sections independently, in recognition of the fact that respondents may wish to respond on one or some of the themes without wishing to express views on the others.