Social Security Administration and Tribunals (Scotland) Bill 2020: EQIA

Equality Impact Assessment

Title of Policy: The Social Security Administration and Tribunal Membership (Scotland) Bill

Summary of aims and desired outcomes of Policy:

• To allow for the appointment of a person to act on behalf of a child where there is no person with legal authority who is willing and able to so act;
• To allow for the appointment of a person to act on behalf of an adult who does not lack capacity but due to difficult circumstances wishes for an appointee to act on their behalf;
• To ensure Scottish Ministers do not disclose information about an individual's health where that would be likely to cause serious harm to the recipient's physical or mental health;
• To introduce powers for the Scottish Ministers to make provision in regulations about the investigation of offences in relation to top up assistance created under section 79 of the 2018 Act;
• To create statutory fraud offences in relation to the types of top up assistance created under section 79 of the Social Security (Scotland) Act 2018 ('the 2018 Act');
• To enable the Scottish Ministers, by regulations, to transfer to the First-tier Tribunal (FTT) for Scotland some or all of the competence and jurisdiction of the sheriff courts in relation to the recovery of top up assistance created under section 79 of the 2018 Act;
• To modify the power to make regulations under schedule 5 of the 2018 Act, to widen the category of qualified persons whose clinical judgement, based on the appropriate guidance, will be accepted in relation to a diagnosis of terminal illness for the purpose of entitlement to Disability Assistance; and
• To enable other types of judges to be temporarily authorised to sit in the FTT and the Upper Tribunal.

Directorate: Division: team

Social Security Directorate/ Justice Directorate
Policy Division/ Civil Law and Legal System
Legislation and Operational Policy Unit/ Courts and Tribunals