Social Security (Amendment) (Scotland) Bill: child rights and wellbeing impact assessment

CRWIA Stage 2 – Assessment of Impact and Compatibility

What evidence have you used to inform your assessment? What does it tell you about the impact on children’s rights?

Evidence from stakeholders / policy colleagues

The proposals included in the Bill have been developed in close collaboration with a range of internal Scottish Government stakeholders, including:

• Social Security Policy Division
• Scottish Government Legal Directorate
• Care Experience and Whole Family Wellbeing Division
• Mental Health and Incapacity Law Division
• Communities Analysis Division

A public consultation ‘Scotland’s social security system – enhanced administration and compensation recovery’^[19], which informed the Bill ran from 4 August to 27 October 2022 and sought views on any potential impacts that the proposals may have on children’s rights and wellbeing. The consultation document was made also made available in an easy-read format^[20], and responses were accepted by whatever method respondents preferred. 34 responses were received and those have been published where the appropriate permissions were provided.^[21]

A range of associated public engagement events took place during the same period and an online workshop was co-facilitated with Disability Equality Scotland to gather the views of their members. An independent analysis of consultation responses was undertaken by external consultants EKOS^[22] and published by the Scottish Government on 31 March 2023.^[23]

The feedback from the public engagement events was supplemented by further research undertaken by the Social Security Experience Panels and Client Panels teams with their members. This research took the form of focus groups, interviews and a survey to explore members’ views on topics included within the consultation.^[24]

Four organisations in the public and third sector provided further information on the impact of the proposals on children’s rights and wellbeing. Feedback from the respondents highlighted the positive impact of the proposals on increasing access to, and take-up of, social security assistance as a way to help tackle child poverty.

Citizen’s Advice Scotland stated in their consultation response that the proposals had the potential to advance the commitments made in the Bright Start, Bright Futures: Tackling Child Poverty Delivery Plan, including in “addressing challenges that areas of long ingrained poverty become trapped in” and “making it easier to access the support available”.

A recognised limitation of the public consultation was that very few responses were received from stakeholders in the legal and insurance sectors with an interest in the policy about compensation recovery. The Scottish Government sought to engage with potentially impacted stakeholders, who may have experience of the UK compensation recovery scheme, to gain insight and further scope out the design of the new scheme.

A targeted engagement event with stakeholders from the insurance and personal injury industry was held in March 2023. The purpose of this virtual event was to communicate the proposal and provide reassurance that the Scottish Government’s preferred approach to the recovery of social security assistance is one which offers consistency across both UK and Scottish Governments.

A public consultation was not conducted on the provisions about information for audit of the social security system. The Scottish Government is clear that this provision is high priority, fundamental to the functioning of the Scottish social security system and aligns with the practice of other government departments. Stakeholder engagement will inform the processes used to capture information for audit to ensure that they are clear, user-friendly and accessible. Further engagement will be undertaken and further impact assessments developed as regulations are developed and prior to operational implementation.

Views were not sought on the proposal about re-determinations beyond the period allowed as the need for this provision emerged after the public consultation during policy development. To seek input from stakeholders on this proposal, Scottish Government requested written feedback and offered an engagement session with public and third sector organisations.

A series of meetings were also hosted by Scottish Government officials to consider the impacts and benefits of the re-determinations provisions (withdrawing a re-determination request and allowing re-determinations requests beyond a calendar year in exceptional circumstances). These were held with various stakeholders including Scottish Women’s Convention; Blesma; Scottish Association for Mental Health; The Action Group; and Inclusion Scotland amongst others. These meetings were held in small groups and were designed to seek views on the proposed amendments and identify any barriers that people who seek to challenge a decision may have on families, children and young people.

Evidence from children and young people

While there has not been direct engagement in relation to the Bill specifically with children and young people, engagement has taken place with organisations who work with and represent children, young people and their families. Several of the evidence sources which have been considered include the views and experiences of children and young people.

Organisations that work with children, young people and families that participated in the consultation process and with whom engagement has taken place that has informed policy development include: Child Poverty Action Group; The Promise Scotland; One Parent Families Scotland; Save the Children; The Action Group and Scottish Women’s Aid.

The proposals in the Bill have been developed in a collaborative way, taking into account the views of a wide range of stakeholders. The Scottish government recognise the value of consulting children and young people directly, as well as through representative organisations and will continue to explore further engagement opportunities during the passage of the Bill and prior to implementation. The proposals in the Bill aimed at improving client experience are rooted in the values of providing children, young people and their families with dignity, fairness and respect.

Children under 3

In the Children’s Parliament report What Kind of Scotland?,^[25] poverty is identified as the most important barrier to a good life. It affects children day to day, in terms of practical things like having enough food to eat and a house that is warm, but also because children can notice the stress money concerns cause the adults at home.

As part of the formation of the CRWIA for the first Tackling Child Poverty Delivery Plan,^[26] the Poverty and Inequality Commission identified themes, which were developed through consultation with children and young people facilitated by the Children’s Parliament, Young Scot and the Princes Trust, into recommendations including:

• Social Security: put more money towards benefits;
• Improve quality of life by providing greater support to those affected by poverty; and
• Increase incomes and reduce costs to support with: the cost of the school day; the cost of travel; and activity expenses.

Several of the provisions included in the Bill will contribute to the second recommendation of improving quality of life by providing greater support to those affected by poverty.

Of the 13 forms of assistance currently delivered by Social Security Scotland, eight are intended for people who are on a low income. People who use the services of Social Security Scotland are therefore more likely than the wider population to be living on a low income and affected by poverty.

The appeals and re-determinations provisions aim to contribute to the second recommendation by increasing flexibility and choice for people challenging a decision on their benefit entitlement. These proposals build on a rights-based approach for those engaging with social security and enact continuous improvement. Whilst children under 3 will not be the ones challenging a benefit decision, they will be indirectly impacted by these changes if their parents, guardians or representatives are accessing social security, and these proposals aim to offer increased clarity and understanding to clients and stakeholders in the existing challenge process.

The proposal to introduce formal challenge rights for overpayment liability similarly contributes to the second recommendation by offering people who are entitled to social security assistance and have been found liable for an overpayment the right to challenge this decision. The objective of this proposal is to embed consistency throughout the whole process of challenging liability, and ensure that people have a formal route to dispute liability for an overpayment where they feel it is appropriate to do so. This is consistent with Social Security Scotland’s ethos of treating individuals with fairness, dignity and respect at all times.

Children under 3 will not be the ones to challenge the overpayment liability decision but they could be indirectly impacted by this provision if their parents, guardians or representatives are accessing social security and found liable for an overpayment. This policy intends to offer greater clarity for clients and aims to align the overpayment liability decision challenge process with the existing process in place for challenging entitlement determinations by introducing the right to appeal. It should be noted that the overpayment liability decision is not a determination because determinations are about entitlement.

The proposal to make an appointee liable to account to the individual for any mismanagement of the individual’s property will ensure that any child who is not being cared for by somebody with parental rights and has an appointee in place, is offered the same protections as the Children (Scotland) Act 1995 offers to children with other types of representatives.

Young carers Young Carer Grant (YCG) is a payment that can be applied for annually by young carers aged 16, 17, and 18 who care for someone who is normally paid a qualifying disability benefit.

In December 2022, the estimated number of young carers aged 4-17 in Scotland was around 28,000.^[27] In the 2022-23 financial year, 4,470 applications were received for YCG, with 85 re-determinations requested during this time. The Scottish Government does not hold sufficient data on which age bracket is more likely to request a re-determination, but YCG applications are higher for 16 and 17-year-olds than 18-year-olds.^[28]

The re-determinations and appeals provisions will directly impact young people who wish to challenge a decision on their benefit entitlement by affording further flexibility and choice, which will have a positive effect on a group of people who may have challenging priorities. We know that young carers can invest a substantial amount of time and energy into looking after a family member, and may not have enough time for themselves, which can ultimately have an impact on physical and mental well-being and cause added stress.^[29] This finding has been confirmed in Social Security Experience Panels research.^[30]

These proposals will allow young carers to have further autonomy by empowering young people to challenge a decision made about their entitlement to benefits with greater flexibility and choice in a way which works best for their personal circumstances. They could therefore lead to improved outcomes for young carers in terms of well-being and access to social security assistance.

Young parents

A report from the Women’s Budget Group has found that overall, women are more likely to rely on social security than men.^[31] Additionally, the Scottish Government’s Young People Strategy highlights that young mothers are more likely to be reliant on state benefits and tax credits than older mothers.^[32]

The Scottish Government is aware that young people can lack awareness of the benefits available to them and a negative experience can put them off engaging further with social security services.^[33] The way in which services are accessed and delivered when help is needed can have a huge impact on the dignity of families experiencing poverty, where facing complex difficulties can make accessing support harder, and could increase a sense of distrust in public services.^[34] The re-determinations and appeals provisions included within the Bill will increase access to the challenge rights process and could help very young pregnant people, ensure that young parents have further autonomy when disputing entitlement to a devolved benefit, and help facilitate increased confidence in the challenge process overall.

For people accessing Scottish social security benefits, the challenge rights process has been designed with users in mind, with a range of application channels for children and young people who may wish to request a re-determination or make an appeal. This could be over the phone, by paper application, as well as online for disability benefits. These inclusive options are important to allow the young person to apply in whatever way best meets their specific needs. The Scottish Government recognises that some people need additional support to apply due to digital exclusion, disability, or difficulty in communicating.

Young people who have a disability

As of 31 July 2023, 4,150 (4%) of registered ADP applications were made by people between the ages of 16-18.^[35] ADP is the replacement for Personal Independence Payment (PIP) and Disability Living Allowance for adults in Scotland. Following a phased pilot, ADP launched nationally on 29 August 2022. Following this national launch, people are now directed to apply for ADP instead of Personal Independence Payment if they live in Scotland. People living in Scotland who get PIP will have their benefit transferred to Social Security Scotland. As of July, 277,764 people were claiming Personal Independence Payment in Scotland, of whom 3,269 (1%) were aged between 16 and 19.^[36]

There will be re-determination requests and applications for appeals arising about entitlement to CDP. Parents or guardians of disabled children can apply for this benefit when a disabled child is under 16, and this payment aims to provide financial assistance for daily care and mobility needs. Once it has been determined that a child is eligible for CDP, the benefit can be paid up until their 18^th birthday. From July 2021 to June 2023, 42% of applications for CDP had been made for children aged 5-10, whilst 31% were made for children aged 11-15, and 26% were made for children aged 0-4. As of June 2023, 67,000 children and young people were in receipt of CDP.^[37]

Once a child reaches the age of 16, they are considered a young person with legal capacity. Young people aged 16 and over are generally expected to manage their own entitlement to Child Disability Payment including receiving payments and challenging decisions about their entitlement. If the young person cannot manage their own entitlement after they become 16, Social Security Scotland must consider whether an appointee is required to receive disability assistance on behalf of the young person.

While children under 16 who are receiving CDP may not directly interact with the challenge process, as their benefit will be administered by a parent or guardian, they will be positively impacted by the re-determinations and appeals provisions in the Bill that aim to embed further flexibility, access and choice for clients who are disputing a CDP award.

The purpose of the policy to recover social security assistance from compensation awards is to address the issue that currently injured parties receive both compensation payments as well as Scottish social security assistance to mitigate for the same loss from an accident, injury or disease.

In addressing this issue, children and young people who have received CDP as a result of the negligence of a liable third party will no longer be ‘doubly compensated’. This action will revert the approach to compensation recovery to the status quo prior to the devolution of certain social security powers, providing consistency across the UK.

Data provided by the DWP was used to forecast the number of cases where amounts of CDP would be recovered from compensation payments. Initial estimates suggest there may be between 10 and 30 cases per year of CDP recovered. Once the compensator and injured person have reached settlement and the amounts owed are repaid to Scottish Ministers, the proposed provisions will have no further impact on the Scottish social security assistance received from that date onwards.

Children in low income families

SCP is a weekly payment for parents or carers on low incomes who have a child under 16. As of 30 June 2023, 316,190 children aged 0-15 years were actively benefitting from SCP^[38]. Although children under 16 do not receive SCP directly, and therefore do not interact with the challenge process, they may be positively impacted by the proposals to introduce further flexibility and choice in the challenge process.

The provisions on recovering social security assistance from compensation recovery will have an indirect impact on children and young people whose parents, guardians or representatives are in receipt of SCP as a result of an illness or injury caused by a negligent party. This proposal ensures that people are not paid twice or ‘doubly compensated’ for the same injury, accident or disease and that there is a consistent approach across the UK.

Although there is not a direct equivalent of SCP in the UK system, the child element of Universal Credit could be considered as a comparison and is recoverable under the Social Security (Recovery of Benefits) Act 1997. Data was obtained from DWP to help forecast the number of cases where SCP would be recovered from compensation awards. Initial estimates suggest that there may be 70 to 205 cases per year of SCP recovered from compensation awards. As previously mentioned after settlement has been reached and the amounts owed for the relevant period repaid to Scottish Ministers, the proposed provisions will have no further impact on the Scottish social security assistance received from that date onwards.

Analysis of the evidence

How have the findings influenced the development of the relevant proposal?

The findings have informed understanding of children and young people’s experiences of using the social security system in Scotland. They have underlined the importance of collaborative working both within and outside of the Scottish Government to ensure the best outcomes for child and young people who come into contact with the social security system.

The Scottish Government has assessed the re-determinations and appeals provisions against each of the indicators of wellbeing as set out by the Children and Young People (Scotland) Act 2014 and concluded that they are likely to have a positive impact for young people.

For the proposal to introduce challenge rights for decisions on overpayment liability the findings informed the policy development and the decision to formalise in legislation the existing informal processes for challenging liability. This has the positive effect for all individuals (including children and young people) of ensuring that any liability challenge will come with a right to a review followed by a right to appeal to the First-tier Tribunal for Scotland (Social Security Chamber).

One of the key issues raised during the consultation and development of the proposal to recover social security assistance from compensation awards was that claiming compensation can be a long and challenging process for the injured party, and that the addition of a compensation recovery procedure would add further complexity, negatively impacting the injured party – who could be a child or young person. To address this, the proposal puts the obligation of repaying any amounts owed to Scottish Ministers on the compensator not the injured party. Although the injured party will be provided with a copy of the information requested by the compensator in relation to the amounts of recoverable benefits received, there will be no requirement to do anything.

Another concern raised about this policy was that the injured party should not have the entirety of their compensation payment recovered by Scottish Ministers. To prevent this, the proposal ringfences compensation amounts awarded for general damages such as pain and suffering making them unrecoverable. This, in effect, will ensure that children and young people who have incurred an injury or illness due to a liable third party will receive any compensation awarded specifically for damages such as pain and suffering or mental anguish. Following on from the responses from the public consultation, the proposal was designed to target compensation awarded for loss of earnings, cost of care and loss of mobility as the purpose of the benefits received by the injured parties is to mitigate these same losses.

Assessing the impact against the UNCRC requirements

Further information about the UNCRC requirements, including easy-to-understand of the articles, can be found on the Children and Young People’s Commissioner for Scotland website

Articles where a positive impact has been identified

• Article 2 – non-discrimination
• Article 3 – best interests of the child
• Article 5 – parental guidance and a child’s evolving capacities
• Article 6 – life, survival and development
• Article 12 – respect for the views of the child
• Article 18 – parental responsibilities and state assistance
• Article 20 – children unable to live with their family
• Article 23 – children with a disability
• Article 26 – social security
• Article 27 – adequate standard of living
• Article 42 – knowledge of rights

Articles where a negative impact has been identified

• None

Articles where a neutral impact has been identified

• Article 1 – definition of the child
• Article 4 – implementation of the Convention
• Article 7 – birth registration, name, nationality, care
• Article 8 – protection and preservation of identity
• Article 9 – separation from parents
• Article 10 – family reunification
• Article 11 – abduction and non-return of children
• Article 13 – freedom of expression
• Article 14 – freedom of thought, belief and religion
• Article 15 – freedom of association
• Article 16 – right to privacy
• Article 17 – access to information from the media
• Article 19 – protection from violence, abuse and neglect
• Article 21 – adoption
• Article 22 – refugee children
• Article 24 – health and health services
• Article 25 – review of treatment in care
• Article 28 – right to an education
• Article 29 – goals of education
• Article 30 – children from minority or indigenous groups
• Article 31 – leisure, play and culture
• Article 32 – child labour
• Article 33 – drug abuse
• Article 34 – sexual exploitation
• Article 35 – abduction, sale and trafficking
• Article 36 – other forms of exploitation
• Article 37 – inhumane treatment and detention
• Article 38 – war and armed conflicts
• Article 39 – recovery from trauma and reintegration
• Article 40 – juvenile justice
• Article 41 – respect for higher national standards

First optional protocol

• Articles 4 – 7

Second optional protocol

• Articles 1 – 11

Impact on children and young people

Under the UNCRC, ‘children’ can refer to: individual children, groups of children, or children in general. Some groups of children will relate to the groups with protected characteristics under the Equality Act 2010: disability, race, religion or belief, sex, sexual orientation. ‘Groups’ can also refer to children by age band of setting, or those who are eligible for special protection or assistance.

The proposals in the Bill may have an impact on parents, carers, pregnant people, young parents under 18, under 18s and disabled children. The proposals promote a person-centred approach aimed at advancing equality of engagement with social security for children and young people and protect all the Articles of the UNCRC indicated.

Negative impact or incompatibility issues

No negative impacts or potential incompatibility issues have been identified.

Options for modification or mitigation of negative impact or incompatibility

During policy development of the provisions on compensation recovery the concerns previously discussed were identified and addressed to avoid any potential negative impacts to the injured party.

The principles of compensation recovery are a long standing part of the UK social security system with the current legislation and process in place for over 25 years. The DWP recovers amounts of Disability Living Allowance (DLA) the UK equivalent to CDP, from compensation as well as the child element of Universal Credit. There is no evidence to suggest that this recovery has a negative impact on children’s rights as this is an accepted administrative process that places responsibility on the party that is making the compensation payment, not on the injured party.

As the proposal emulates the UK approach to compensation recovery, evidence suggests that there will be no negative impacts on children and young people.

Positive impact: giving better or further effect to children’s rights in Scotland

Where appropriate the relevant articles have been grouped together.

Article 2 – non-discrimination

The Scottish Government is committed to treating all social security applicants equally. The principle of non-discrimination is enshrined in the 2018 Act with Section 1 stating that ‘social security is itself a human right and essential to the realisation of other rights’^[39]. The approach taken by Social Security Scotland is rights-based and client-centred, putting the person at the heart.

The re-determinations and appeals provisions go a step further in adherence to non-discrimination. For example, allowing for a person to have the option to request a re-determination or appeal in exceptional circumstances will actively promote a more flexible, rights based and non-discriminatory process, where people who may be going through volatile or difficult circumstances have the opportunity to challenge a determination beyond the hard deadline of a year, provided they can present evidence that they were unable to challenge previously within this period. This could benefit young people who are experiencing domestic abuse and coercive control, young people or their relatives who are unwell or have had mitigating factors concerned with illness, people who are homeless or have unstable housing, as well as a number of other circumstances that may have prevented a person from requesting a re-determination within the set time. These provisions will allow Social Security Scotland to have discretion to accept late requests for a re-determination beyond one year in exceptional circumstances, which could be extremely beneficial for people experiencing difficult situations by allowing greater flexibility.

The proposal to recognise DWP appointees will be beneficial in advancing equality and non-discrimination, by ensuring crucial social security entitlements are paid without delay to children and young people.

The proposal to make an appointee liable to account to the individual for any mismanagement of the individual’s property will ensure that any child who is not being cared for by somebody with parental rights and has an appointee in place, is offered the same protections as the Children (Scotland) Act 1995 offers to children with other types of representatives. This ensures that any children who are living in complex family situations are not disadvantaged or face unintended discrimination.

Article 3 – Best interests of the child

Article 5 – Parental guidance and a child’s evolving capacities

Article 12 – Respect for the views of the child

Article 18 – Parental responsibilities and state assistance

Social security benefits in Scotland have been developed around the principles of dignity, fairness and respect, transparent decision-making, a person-centred approach and they are rooted in the belief that social security is a human right.

Every child has a right to express their views and have them given due weight in accordance with their age and maturity. Children should be provided with the opportunity to be heard, either directly or through a representative or appropriate body. Throughout the development of provisions included in the Bill, input has been sought from people with lived experience of social security systems (including from those with lived experience of interacting with DWP). This includes families through the Social Security Experience Panels, as well as engagement with stakeholders who support people accessing benefits.

The re-determinations and appeals proposals continue to embed this person-centred approach by ensuring the best interests of children and young people are taken into account. The changes being made will help to ensure that decisions can be challenged in the way that is best suited to the needs of the person engaging with Social Security Scotland.

For example, where a young person is challenging a benefit decision but Social Security Scotland has failed to make a re-determination in the time allowed in regulations, the young person has the right to appeal to the First-tier Tribunal without waiting for the re-determination to be made. The Scottish Government recognises that a young person can find engaging with government agencies stressful and difficult. If Social Security Scotland had a statutory duty to make the re-determination beyond the period allowed if it has gone ‘out-of-time’ as proposed in the Bill, the young person could choose to wait for the re-determination to be made, rather than making an appeal at Tribunal level which a young vulnerable person can find daunting.^[40] This could help to mitigate feelings of stress, worry and anxiety by not having to proceed with an appeal process.

CDP can be claimed before the age of 16-years-old and can be payable until a person is 18-years-old, or 19-years-old if a young person is waiting for an ADP determination. Young people over the age of 16, who are able to manage their own affairs can receive CDP directly to their bank account, rather than the entitlement being paid to a person who is responsible for them and able to act on their behalf. This means that many young people moving from CDP to ADP will be managing this aspect of their finances, and will have responsibility for their benefit entitlement and any challenges they may wish to make. The re-determinations and appeals provisions will allow more autonomy for young people who manage their own affairs and entitlement and allow for further flexibility and clarity when engaging with social security and challenging decisions.

The Scottish Government’s objective in proposing to recognise DWP appointees is to strike the right balance between the rights protected by Social Security Scotland’s appointee process, and the rights of the client in regards to receiving their social security assistance without delay. Whilst this provision will ensure an appointee can temporarily remain in place to ensure payments can continue, as soon as is reasonably practicable, the views of the child and the people with parental rights and responsibilities will be taken into account. This will ensure that the appointee continues to be in the best interests of child or young person.

Article 6 – Life, survival and development

Article 20 – Children unable to live with their family

Article 23 – Children with a disability

Children with disabilities have the right to live a full and decent life with dignity, self-reliance, and participation in the community. The Scottish Government recognise that children with disabilities or long-term ill health conditions are more likely to experience poverty and can experience barriers to benefit take-up.

Social Security Scotland are committed to removing barriers to accessing services, both for those with disabilities and for those supporting children with disabilities, through inclusive communications and simple application processes.

The re-determination and appeals provisions go a step further in aligning the challenge process with this ethos, and are designed to positively impact all people accessing social security benefits by promoting a person-centred approach. They aim to positively impact disabled children by allowing for greater flexibility and further ownership when challenging a decision made by Social Security Scotland.

Some disabled young people lack the capacity required to interact or complete the tasks required by Social Security Scotland, and therefore require an appointee to act on their behalf. There are also children under the age of 16, who are entitled to social security assistance, but because of complex family situations require an appointee to act on their behalf. Both of these groups have a fundamental human right to social security, as enshrined in the 2018 Act . The provision to recognise DWP appointees ensures that such children and young people can continue to have someone to act on their behalf in accordance with their needs, enabling them to continue receiving crucial social security entitlements without potential interruption or delay.

Article 26 – Social Security

Article 27 – Adequate standard of living

Every child has a right to benefit from social security, taking into account the resources and circumstances of those who have responsibility for the child. The Scottish Government is committed to the principle that social security is a human right. The provisions in the Bill do not prevent children or young people from receiving any social security payment due to them. The proposal to recognise DWP appointees will ensure that children and young people continue to receive social security payments without potential delay or interruption.

The re-determinations and appeals provisions align with the Charter and the social security principles by improving user experience for all people accessing Social Security Scotland through embedding further flexibility and choice when bringing a challenge. These policies more generally will allow for a more cohesive challenge rights process, promoting additional accessibility to social security and greater understanding of challenging decisions made about entitlement, which will positively impact children's lives both directly and indirectly.

Article 42 – knowledge of rights

Some of the policy proposals are designed to clarify in legislation re-determinations and appeal processes. The intention is to offer clarity to stakeholders and clients, which may lead to increased knowledge about people's rights, in order to support them to challenge decisions.

By enhancing choice and introducing greater flexibility for people who wish to bring a challenge about their benefit entitlement, the rights-based approach is embedded in the Scottish social security system and people could gain a greater understanding of the process of challenging decisions made by Social Security Scotland.

Impact on wellbeing: does or will the relevant proposal contribute to the wellbeing of children and young people in Scotland?

Further information about the wellbeing indicators can be found on the Scottish Government website

The indicators where there will be an improvement in wellbeing are:

• nurtured - growing, developing and being cared for in an environment which provides the physical and emotional security, compassion and warmth necessary for healthy growth and to develop resilience and a positive identity
• respected - being involved in and having their voices heard in decisions that affect their life, with support where appropriate
• responsible - having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision
• included - having help to overcome inequalities and being accepted as part of their family, school and community

The indicators where there will no impact on wellbeing are:

• achieving - being supported and guided in learning and in the development of skills, confidence and self-esteem, at home, in school and in the community
• active - having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home, in school and in the community

• safe - growing up in an environment where a child or young person feels secure, nurtured, listened to and enabled to develop to their full potential (this includes freedom from abuse or neglect)
• healthy - having the highest attainable standards of physical and mental health, access to suitable healthcare, and support in learning to make healthy and safe choices

Nurtured: The provisions in the Bill relating to liability of appointees will ensure that children and young people who have appointees can be confident that they are offered the same protections as others who have parents or other types of representatives acting on their behalf. The provisions to allow DWP appointees to be recognised will provide children and young people with financial security and avoid potential delays.

Respected: The principle of respect for the dignity of individuals is at the heart of the Scottish social security system. The provisions in the Bill will further embed these principles, recognising that all people, including young people have the opportunity and right to be heard and be involved in decisions that affect them. The Bill aims to bolster these commitments to ensure that there is no doubt regarding current policy and processes and to ensure that children and young people are treated with dignity, fairness and respect throughout their interactions with the Scottish social security system. Responsible: The re-determinations and appeals provisions aim to give further autonomy to children and young people. Having the opportunity to be heard and involved in decisions which affect children and young people will mean greater ownership and responsibility for their own affairs, which could lessen anxiety for those that are vulnerable or have challenging circumstances when seeking to challenge a benefit entitlement. Included: The provisions in the Bill will mean that young can challenge decisions that impact them, which may help children and young people to overcome social and economic inequalities or feeling of exclusion in society. This will facilitate children and young people feeling more considered in Social Security Scotland outcomes and establish a positive relationship, inspiring confidence in the challenge rights process.