Social Security (Amendment) (Scotland) Bill: equality impact assessment

The Scope of the EQIA

In developing the Bill, the Scottish Government has been mindful of its duty under the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012^[18] to assess the impact of the policies and practices within the bill in terms of the the Public Sector Equality Duty (PSED)^[19] and the need to:

(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Part 2 of the Equality Act 2010^[20] identifies nine protected characteristics of: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. The provisions in the Bill have been assessed against the extent to which they address the three PSED needs for each protected characteristic group.

In addition, particular consideration has been given to the Scottish social security principle which states that –

“opportunities are to be sought to continuously improve the Scottish social security system in ways which –

(i) put the needs of those who require assistance first, and

(ii) advance equality and non-discrimination”^[21]

This EQIA uses multiple sources and evidence gathered from stakeholders to inform the potential impacts the Bill may have on people who possess one or more protected characteristics. A public consultation ‘Scotland’s social security system – enhanced administration and compensation recovery’^[22], which informed the Bill ran from 4 August to 27 October 2022 and sought views on any potential equality impacts that the proposals may have.

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^[23] and published by the Scottish Government on 31 March 2023.^[24]

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.^[25]

Feedback on equality impacts provided in consultation responses, during engagement events and research undertaken has been considered by officials throughout policy development.

Officials undertook framing sessions at which policy aims, potential barriers to achieving desired outcomes and supporting evidence were discussed and used to inform the EQIA process.

During the framing phase it was recognised that there are provisions in the Bill which will not have any immediate impact on individuals. An EQIA record was completed for these provisions to provide assurance but no impacts, positive or negative, were identified for individuals or groups of people who share protected characteristics.

The Bill makes provision to take a regulation-making power for childhood assistance to allow closer alignment of Social Security Scotland benefits. The framing exercise showed that there were no specific equalities impacts arising directly from this provision in the Bill. The intention is for the new powers to be used in future to change the legislative footing of SCP. There will be no specific changes affecting people in receipt of or eligible for SCP until future regulations are developed using this power. A further EQIA will be carried out in future for any subsequent regulations developed using the powers in this Bill.

The Bill also takes a regulation-making power to enable Scottish Ministers to create one or more schemes to provide care experience assistance. An initial framing exercise has been completed for this proposal considering the current initial intention that this power will be used to deliver a Care Leaver Payment, which will provide a payment to care leavers aged 16-25. Details on the eligibility criteria, processes and delivery model of the Care Leaver Payment are still to be determined. This will be developed through engagement and consultation with care experienced people and those with experience of delivering similar support.

Further impact assessments will also be undertaken on any scheme established by way of regulations. Details of any assistance will be set out in regulations, which will be subject to further parliamentary scrutiny.

The provisions about SCoSS intend to make technical changes to the current governance arrangements for SCoSS and extend their scope to ensure that SCoSS are able to scrutinise administrative regulations. These reforms will not have any direct impact on individuals.

The Bill also makes provision about appealing to the First-tier Tribunal against process decisions. This provision clarifies the powers of the Tribunal in a process appeal, along with the duties of the Scottish Ministers where the Tribunal sets aside the Scottish Ministers’ previous decision. An EQIA record was not considered necessary for this provision as it only serves to clarify existing policy intent in legislation.

Officials will continue to engage with stakeholders and will regularly review the EQIA record and results following any additional data, analysis or amendments to the Bill.