Social Security Experience Panels - re-determinations and appeals, fraud and special measures for COVID-19: main report
Provides an overview of findings from research exploring panel members’ views on proposed changes (enhanced administration powers) to aspects of Social Security Scotland’s systems and processes regarding re-determinations, appeals, fraud, and special measures for late re-determinations, appeals and applications.
Reasons for late applications: follow-up survey
A follow-up survey was carried out with Client Panels members to explore their views on reasons for late applications. The survey asked respondents whether they thought late applications should ever be accepted by Social Security Scotland for the benefits listed below:
- Best Start Foods
- Best Start Grant – Pregnancy and Baby Payment
- Best Start Grant – Early Learning Payment
- Best Start Grant – School Age Payment
- Funeral Support Payment
- Job Start Payment.
These benefits were chosen because they have deadlines for applying for them. The survey and all its findings therefore relate specifically to these benefits. Around half of respondents (48 per cent) said 'yes'. Just over a quarter (28 per cent) said 'maybe'. Less respondents answered 'no' or 'no strong opinion' (16 per cent and 7 per cent, respectively). Analysis was carried out to determine if survey respondents with different demographic characteristics and experience of different benefits gave significantly different answers. However, there were no significant differences in answering trends found across these groups.
| Number of respondents | % of respondents* | |
|---|---|---|
| Yes | 164 | 48 |
| Maybe | 96 | 28 |
| No | 54 | 16 |
| No strong opinion | 25 | 7 |
* Figures may not add to 100 per cent due to rounding
The survey asked respondents about certain situations applicants might experience and their thoughts on whether these situations should allow for Social Security Scotland accepting late benefit applications. For each situation, respondents were asked to answer a closed question on whether they thought late benefit applications should be allowed. Respondents were then asked to explain their reasoning for the response they gave in an open text response. The specific situations are covered in detail below.
An applicant being seriously ill to the extent where their normal life and ability to carry out tasks is considerably impacted (for example, by a stay in hospital).
The majority of survey respondents (84 per cent) felt that this situation should be acceptable for allowing late benefit applications. A tenth (10 per cent) answered 'maybe' and much lower proportions answered 'no' or 'no strong opinion' (4 per cent and 2 per cent respectively).
| Number of respondents | % of respondents* | |
|---|---|---|
| Yes | 282 | 84 |
| Maybe | 35 | 10 |
| No | 12 | 4 |
| No strong opinion | 8 | 2 |
* Figures may not add to 100 per cent due to rounding
Respondents' reasoning for answers
In favour of allowing late applications
The most common reason given by survey respondents was that illness would be outside of the applicant's control and therefore, they should not be penalised for this leading to their benefit application being submitted late.
"The person may not be able to/find it hard to make the application. It would be unfair for them to miss out on something they may be entitled to, because of circumstances out of their control." (Survey respondent)
"An applicant being seriously ill is something that isn't in their control so there should be exceptional circumstances." (Survey respondent)
Other common reasons raised included that applicants would (or should be) focusing on their health and feeling better. Some respondents suggested that, in some cases, applicants could be too physically or mentally unwell to complete the application. Similarly, others said that applicants may be too stressed with too much else going on to focus on benefit applications.
"Being ill is a scary situation for most at the best of times but adding in pregnancy and/or having children adds extra pressures. People should be allowed to concentrate on getting better and back on their feet without the added stress of time limits set by benefit agencies." (Survey respondent)
"I'm in heart failure myself and if I've been admitted to hospital or recovering from a bout of illness (which generally affects heart patients more severely), the last thing on my mind will be applying for benefits. It's to survive. It's why it took me 2 years to apply to PIP." (Survey respondent)
"I have suffered depression and this can be completely debilitating to the point of not caring for yourself. Suffering this I can understand how applicants can be late." (Survey respondent)
Several respondents noted that applicants would be unable to get information on benefits or support to complete an application. Others raised the issue of applicants struggling to access the internet or technology needed to apply if staying in hospital.
"The person may not be aware of forms needing to be completed due to not being at home. Struggle with reading and writing and gaining assistance to complete forms." (Survey respondent)
"If they are in hospital they might not have all the information needed." (Survey respondent)
"Sometimes internet and phone reception is terrible in hospitals also they may not be well enough to contact effectively especially if on hold for a long time." (Survey respondent)
"If someone is hospitalised due to illness, they might not have access to devices to apply online." (Survey respondent)
Against or mixed views about allowing late applications
Several respondents said that applicants who are ill could get support from others to apply. Some respondents said acceptance of a late application in this situation should only be allowed if the applicant was in a critical condition. A few people felt that most people would still have the means to apply despite their illness.
"Because I'm sure they would have a family member that can do it for them if they know they have a deadline." (Survey respondent)
"Every situation is different but unless you're two thirds dead, you've been told so you shouldn't be allowed a late application." (Survey respondent)
"It's a hard one. Who decides what illness would deem you unable to apply. All hospitals have Wi-Fi so most people would still be able to apply from a hospital bed." (Survey respondent)
A close family member of an applicant being seriously ill
The majority of respondents were supportive of Social Security Scotland accepting late applications in this scenario, with around two thirds (65 per cent) answering 'yes'. A fifth (20 per cent) answered 'maybe' and lower proportions of respondents answered 'no' or 'no strong opinion' (13 per cent and 3 per cent respectively).
| Number of respondents | % of respondents* | |
|---|---|---|
| Yes | 214 | 65 |
| Maybe | 65 | 20 |
| No | 42 | 13 |
| No strong opinion | 10 | 3 |
* Figures may not add to 100 per cent due to rounding
Respondents' reasoning for answers
In favour of allowing late applications
The most common reason given was that, in this situation, applicants would have too much else going on to focus benefit applications. Similarly, some respondents said that applicants would be focusing on their family member, since this would be the priority for them.
"As the child of a parent who was terminally ill, I know how much this impact can have on your day-to-day thinking. Paying bills etc, everything goes to the back of your mind. I know it did for me as an adult when I was rushing back and forwards to the hospital for my mum." (Survey respondent)
"Because when someone is ill, it's difficult to think about anything else." (Survey respondent)
Other respondents talked about there being no time to complete applications in this situation (especially if the applicant is caring for the family member) and the situation being outside of the applicant's control.
"If the person had to care for their ill relatives as well as themselves and themselves and/or children etc then it should be taken into consideration that they might not have had the time to apply due to extra demands on their time." (Survey respondent)
"Circumstances out with persons control seriously impacts ability to do such applications when clearly more pressing matters at hand." (Survey respondent)
A few respondents mentioned how the family member who is ill could be a person who normally supports the applicant with benefit applications.
"Because they would be preoccupied and maybe rely on that family member for help with forms." (Survey respondent)
Against or mixed views about allowing late applications
Some respondents felt that late applications should only be allowed in this situation in certain circumstances. For example, some felt that a late application should be accepted only if the family member who is ill is a close relation. Others felt it depended on how critical a condition the family member was in or if the applicant was caring for the family member.
"It would depend if they become a care giver of the ill person. It would cause more to think about and a lot less time for their own life." (Survey respondent)
"Depending on who it was and how it impacts their life, e.g. close relative or distant relative, are they the carer? Are they directly responsible for the person that's ill?" (Survey respondent)
"I think it depends how seriously ill they are." (Survey respondent)
An applicant having a severe case of COVID-19 or long COVID that has considerably impacted their normal life and ability to carry out tasks
A little over two thirds (69 per cent) of respondents felt that Social Security Scotland should accept late applications for applicants affected by severe COVID-19 or long COVID. The next most common response was 'maybe', with 17 per cent of respondents giving this answer. 'No' and 'no strong opinion' were the least common responses (9 per cent and 4 per cent respectively).
| Number of respondents | % of respondents* | |
|---|---|---|
| Yes | 233 | 69 |
| Maybe | 58 | 17 |
| No | 32 | 9 |
| No strong opinion | 15 | 4 |
* Figures may not add to 100 per cent due to rounding
Respondents' reasoning for answers
In favour of allowing late applications
The reasons that respondents most often gave for this being an acceptable reason for late applications was that COVID-19 or long COVID could leave applicants physically or mentally unable to apply on time. Many respondents stated that this was outside of applicants' control. The mental health effects of having Covid-19 and of the pandemic were specifically mentioned.
"I know when I had COVID my brain went to mush and I was very unwell. I think this is definitely a reason for a late application. I could barely function never mind remember to fill out forms." (Survey respondent)
Other respondents spoke about how applicants would have too much else going on and would be too stressed to focus on benefit applications. Many spoke about how the applicants' health and caring for their families would be prioritised over benefit applications.
"Their day-to-day life is impacted by their health. To care for their children might be difficult enough and will be their main priority. Having to apply for a benefit will be down on their list of what to do and possibly forgotten until it's too late." (Survey respondent)
"If their normal life has been considerably impacted, I can only imagine that getting well or at least back to some sort of normality would be their top priority. Due to this, the application deadlines etc, may not be something that they have been thinking about at the time." (Survey respondent)
Several respondents mentioned how COVID-19 or long COVID could make it logistically difficult to apply for benefits on time, for example, applicants may not be able to access support to complete applications, information on benefits or supporting evidence.
"Would expect somebody would help them apply, however COVID related anything freaks people out so it may be harder to access help." (Survey respondent)
"If long COVID keeps applicant in house, unable to be made aware of benefits." (Survey respondent)
Against or mixed views about allowing late applications
Many respondents felt that whether late applications should be accepted in this situation depended on the severity of the illness. Several people mentioned how long COVID can affect people in very different ways and this would require late applications in this situation to be assessed on a case by case basis.
"Depends on level of impact. Hospital stay really being only reason why to accept." (Survey respondent)
"The recovery process is very different for everyone so it's not a one box for all in this circumstance. Many factors should be thought about in this situation, low energy, exhaustion, memory loss, lacking basic communication skills, no support etc." (Survey respondent)
Several respondents felt that suffering from COVID-19 or long COVID could be falsely used as an excuse for late benefit applications if there was no supporting medical evidence.
"Without medical evidence to confirm "long COVID" would be too easy for anyone to try and use this as a reason, therefore, subject to abuse." (Survey respondent)
An applicant having to wait for supporting information to be supplied by someone else to aid their application (for example, from an employer, Funeral Director or health professional)
The majority (82 per cent) of survey respondents answered 'yes' when asked if late benefit applications should be accepted in this scenario. A tenth (10 per cent) of respondents answered 'maybe', 5 per cent answered 'no,' and 2 per cent answered 'no strong opinion'.
| Number of respondents | % of respondents* | |
|---|---|---|
| Yes | 273 | 82 |
| Maybe | 34 | 10 |
| No | 18 | 5 |
| No strong opinion | 8 | 2 |
* Figures may not add to 100 per cent due to rounding
Respondents' reasoning for answers
In favour of allowing late applications
The most often given reason in support of late applications in this situation was that the delay on waiting for information could be outside of the applicant's control or not their fault, so they should not be penalised for this.
"A person can't be held accountable for how long it takes for someone else to give them information they need. If it's out with their control then exceptions could be made." (Survey respondent)
"I have been there and it's a stress and strain when you're waiting and the control is out of your hands, especially the DWP they are a nightmare for obtaining a thing I have needed over the years." (Survey respondent)
Many respondents spoke about how many systems and services that applicants rely on for supporting information are under pressure from COVID-19 and other factors, meaning delays in getting information can be even more likely.
"Definitely. Especially with the back logs of mail and how busy the professionals are right now. Everything is taking much longer." (Survey respondent)
"Everyone is short staffed etc since COVID & there's not enough staff just to deal with their jobs, e.g. a school or doctors surgery doesn't have enough staff to deal with the problems already never mind a backlog of supporting letters for benefit application that may result in person losing out if it's not done quick." (Survey respondent)
Against or mixed views about allowing late applications
Some respondents felt that whether applications should be accepted late in this circumstance was dependent on different things. For example, several people said that proof should be provided that applicants had requested supporting information in good time.
"Only if individual can demonstrate how they have tried to hurry the other individual along to provide data, copies of emails/messages asking them to provide." (Survey respondent)
"I think that if they had given themselves plenty time when asking for the documents, but are hindered by someone else then that isn't really their fault so maybe there should be some discretion there. However, if everything was left until last minute then that is really their own fault." (Survey respondent)
Several respondents suggested that late applications could be avoided by applications still being progressed or submitted without supporting information, which could be added later.
"The application can still be made on time and then the information could be given at a later date yes it would slow the application down but it still would have been made." (Survey respondent)
However, some respondents felt that responsibility to gather supporting information lay solely with the applicant and failure to do this on time should not mean that a late application should be accepted.
"Should supply all evidence at application. Your responsibility not Social Security Scotland's." (Survey respondent)
An applicant waiting for support from professionals outside of Social Security Scotland to help with their application (such as advocates or the Citizens Advice Bureau).
Respondents most commonly felt that late applications should be accepted in this situation, with a little over two thirds (69 per cent) of respondents answering 'yes'. There were 17 per cent of respondents who answered 'maybe' and lower proportions answered 'no' or 'no strong opinion' (6 per cent and 8 per cent respectively).
| Number of respondents | % of respondents* | |
|---|---|---|
| Yes | 233 | 69 |
| Maybe | 57 | 17 |
| No | 20 | 6 |
| No strong opinion | 27 | 8 |
* Figures may not add to 100 per cent due to rounding
Respondents' reasoning for answers
In favour of allowing late applications
The most common reason given here was that support services that people may be using for support during applications are stretched and therefore there may be a long delay in receiving appropriate support. Many respondents felt that applicants should not be penalised for this situation which is outside of their control.
"An applicant may not have access to internet, understand the question, fill the form or how to operate computer. I remember when my contract at my workplace finished and my son was diagnosed with [health condition] at the same week. I have to applied for universal credit but cannot fill the form because of some questions I don't understand. But I did not get appointment on the same week with Citizens Advice Bureau but waiting for another four weeks." (Survey respondent)
"These services are critical but over stretched and therefore take time, these circumstances are out with of applicants ability and should be taken into consideration when accepting applications." (Survey respondent)
Many respondents spoke about how some people – especially those with disabilities – rely heavily on organisations to complete benefit applications. Some respondents felt that it was unfair to discriminate against those who rely on these services by not accepting late applications when they cannot be accessed.
"Because if someone relies on help to work through the application process then surely it is discrimination if they are not given enough time to get that help." (Survey respondent)
"Applicants who perhaps don't have the capacity to understand or ability to apply should not be penalised. As they are waiting for outside help, this is through no fault of their own." (Survey respondent)
Against or mixed views about allowing late applications
The most common responses given were that applicants should have to prove they have sought support and that they should have done this in a timely manner for late applications to be accepted. One respondent mentioned how this reason could be subject to abuse or falsified if proof is not provided.
"If it is a situation beyond the individual's control, as long as they have proof they made an appointment within the time frame of the benefit." (Survey respondent)
"Dependent upon if individual can evidence this was an actual delay as [Citizen's Advice Bureau] were too busy, otherwise again subject to abuse." (Survey respondent)
Several respondents mentioned that late applications should not be accepted as applicants should be able to find support to fill in applications aside from official support services. One respondent mentioned that Social Security Scotland should provide this support.
"These applications are straightforward and if such an arrangement couldn't be met in time then friends or family could help." (Survey respondent)
A few respondents felt that it is the applicant's responsibility to ensure they are supported in time to meet the application deadline.
"These applications are straightforward and if such an arrangement couldn't be met in time then friends or family could help." (Survey respondent)
An applicant experiencing an ongoing or unexpected serious life event that is very difficult to cope with (for example, becoming homeless)
The majority of respondents (83 per cent) felt that this situation should constitute for Social Security Scotland accepting late applications. Just under a tenth of respondents (9 per cent) said 'maybe' and low proportions of respondents said 'no' or 'no strong opinion' (both 4 per cent).
| Number of respondents | % of respondents* | |
|---|---|---|
| Yes | 279 | 83 |
| Maybe | 30 | 9 |
| No | 13 | 4 |
| No strong opinion | 14 | 4 |
* Figures may not add to 100 per cent due to rounding
Respondents' reasoning for answers
In favour of allowing late applications
The most common reason given for allowing late applications in this scenario was that applicants would likely have too much else going on and be too stressed to focus on submitting benefit applications on time. Several respondents spoke specifically about the mental health effects of difficult circumstances and how this could lead to late applications.
"When people are in high-stress situations they tend to focus on what they need to do to get through the day and applying for benefits can be overwhelming on top of just trying to survive." (Survey respondent)
"These type of events impact every aspect of a person's life. Ability to think clearly etc. probably being one of the main issues." (Survey respondent)
"Mental instability, depression and other concerns as a result of their circumstance caused them to apply late." (Survey respondent)
Many respondents also spoke about how experiencing such difficult life experiences could prevent applicants from being able to access the internet, appropriate technology or the support and information they need to apply for benefits.
"Sometimes if someone is homeless for example, it is inevitable that they may not be able to have to hand documents or make/get to appointments." (Survey respondent)
"These big life changing moments may mean you are unable to access your computer or you might have so much to be thinking about it's not a top priority for you to be providing information required." (Survey respondent)
Against or mixed views about allowing late applications
Of the few respondents who were against or had mixed views about accepting late applications in this situation, some said that Social Security Scotland should require proof of the situation to accept late applications. Others felt that, despite the applicants' situations, they would be able to find support to help apply on time.
"If they have no physical way of applying in the time frame and can evidence this then yes. However I do feel there is support out there to help in these situations." (Survey respondent)
One respondent felt that this reason could be falsely used as an excuse for late applications.
"Feel the vagueness of what life event is would cause applicant to use this excuse for late applications so making Social Security Scotland's job more difficult." (Survey respondent)
Other circumstances where Social Security Scotland should accept late applications
Survey respondents were asked if there were other scenarios that Social Security Scotland should consider for accepting late benefit applications. Just over a third (37 per cent) of survey respondents felt that there were additional circumstances to the ones mentioned in the survey that should warrant acceptance of a late benefit application. Just under a third (31 per cent) answered 'no' and a fifth (20 per cent) answered 'maybe'. A further 13 per cent of respondents said they had 'no strong opinion.
| Number of respondents | % of respondents* | |
|---|---|---|
| Yes | 122 | 37 |
| Maybe | 66 | 20 |
| No | 102 | 31 |
| No strong opinion | 42 | 13 |
* Figures may not add to 100 per cent due to rounding
Some of the additional reasons suggested could be said to fall under the broader themes of the other situations discussed in the survey. However, scenarios that were suggested that differed significantly from the existing themes are explored below.
One of the most common reasons that was suggested as an acceptable reason for a late benefit application was the death of a close family member.
"Families coming to terms with the passing of a loved one." (Survey respondent)
The other most common reason mentioned related to applicants not knowing they were eligible for benefits or not having information on features of the benefits within the deadlines required for applications.
"Should they not have known the benefit existed at all. We don't make it known who can apply for what or what they are entitled to therefore they may discover it too late but that is the fault of the government for not making it widely known. Perhaps a leeway of sorts." (Survey respondent)
Several respondents spoke about how an applicant experiencing domestic or financial abuse may submit late benefit applications and that this should be allowed.
"There are so many life events can cause trauma, leading to the applicant [not being able to] carry out basic tasks. For example domestic violence, assault, sexual assault." (Survey respondent)
Some respondents spoke about how the complexities of situations that might make a person late in submitting benefit applications mean that each case should be assessed on an individual basis.
"I think the list could go on and I think it should be a case by case acceptable reason. Everyone is human and I cannot imagine someone purposely wants to miss out on the opportunity to have extra money for them and their child/children especially in this current climate." (Survey respondent)
Several other reasons were raised by one or very few respondents. These included applicants applying late because they are applying for adopted children, going through custody disputes, if applicants are travelling or if there is a language barrier.
Cross-cutting reasons
When survey respondents were asked to give their reasoning for their question answers, some themes arose repeatedly throughout the survey responses. This was true both for reasons in favour of allowing late applications and where respondents were against or had mixed views about late applications. Some of these themes are covered above under specific questions where it was useful to explore this alongside the context of the questions. Other broader themes are explored below.
In favour of allowing late applications
Many respondents spoke about Social Security Scotland's values of dignity, fairness and respect. Many felt that in order to live by its values, Social Security Scotland should accept benefit applications that are late.
"A person should not be penalised for being seriously ill. Social Security Scotland would not be living up to its ethos of fairness, dignity & respect if it refused to accept late applications due to serious illness." (Survey respondent)
"Everyone has the right to live with dignity." (Survey respondent)
Across a few different questions, several respondents spoke about how Social Security Scotland benefits should not have deadlines for applications and how clients should be able to access support they are entitled to without worrying about deadlines.
"Even if an applicant doesn't have extenuating circumstances, these grants should be open all year round for applicants to access, otherwise you further a person's vulnerable financial situation, and limit support - it's undignified to withhold access or introduce a time constraint. Accessibility should be your main priority." (Survey respondent)
Several respondents spoke about how facing the situations listed in the survey would mean that applicants are even more in need of the benefits they are applying for, so allowances should be given for late applications.
"This person is in even more need as a result of their situation, not making allowances for them, makes them even poorer." (Survey respondent)
"Unfair to miss out while going through difficult time and need it most, morally right thing to do." (Survey respondent)
Against or mixed views about allowing late applications
Across most questions in the survey many respondents gave reasons that were mixed or against accepting late benefit applications that related to the logistics of making a benefit application/s. Many felt that the deadlines for applying for benefits are already long enough, so late applications should not be allowed.
"Because they have plenty of time to apply for each benefit. The onus is on them to apply on time." (Survey respondent)
Others said that applications are easy and quick to make and that applicants still have the means and time to apply in most of the situations explored in the survey.
"The benefits take a few minutes to apply for, can be done while in bed at night via phone/computer." (Survey respondent)
"Long COVID is hard going but most applications are online and even with covid/long covid people have phones in their hands." (Survey respondent)
Others felt that there would always be someone who could support applicants with their application within the allotted timeframes.
"Almost all the benefits listed allow you to apply over quite a lengthy period of your child's age. So if you are in need of the benefit then there is always someone who can help apply." (Survey respondent)
"It wouldn't prevent them from being able to apply online or asking either a family member or friend to apply on their behalf." (Survey respondent)
Timeframes for lateness of applications
Respondents were asked to choose a specific timeframe for how long they thought benefit applications could be submitted after the benefit deadlines listed. The most common response was '1 – 3 months', which a third (33 per cent) of respondents answered. This was followed by 'up to 1 month', which just over quarter (26 per cent) of respondents answered. The third most common time frame was '4 – 6 months', answered by 17 per cent of respondents. The least common responses were '7 – 9 months' (2 per cent of respondents) and 'applications should not be accepted when at all late' (4 per cent of respondents).
Analysis was carried out to determine if survey respondents with different demographic characteristics and experience of different benefits gave significantly different answers. However, there were no significant differences in answering trends found across these groups.
| Number of respondents | % of respondents* | |
|---|---|---|
| Applications should not be accepted when at all late | 14 | 4 |
| Up to 1 month | 88 | 26 |
| 1 - 3 months | 111 | 33 |
| 4 - 6 months | 56 | 17 |
| 7- 9 months | 8 | 2 |
| 10 - 12 months | 27 | 8 |
| More than 12 months | 33 | 10 |
* Figures may not add to 100 per cent due to rounding
Contact
Email: socialresearch@gov.scot
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