Young Carer Grant regulations: consultation analysis

Re-Determination

The consultation document set out the steps and timescales proposed for the re-determination process associated with the Young Carer Grant. Specifically, where an initial application is unsuccessful/refused because the applicant does not meet the eligibility criteria, they will be informed of this and will have 31 calendar days to request a re-determination. They will also be permitted to submit further/additional evidence in support of this. Social Security Scotland will then have 16 working days to undertake the re-determination of the application. Should Social Security Scotland fail to make the re-determination within the 16 days, the applicant will be informed that they have the right to appeal.

Time Limit for Requesting a Re-Determination

A specific question was included in the consultation to gauge stakeholders' views on whether the 31 calendar day rule was an acceptable time limit for requesting a re-determination.

Q6a. Is 31 calendar days an acceptable time limit for requesting a re-determination?

Most respondents (81%) felt that this was an acceptable time limit, while only 16% felt it was not and 3% did not provide a response. Those who stated that this was not an acceptable time limit were asked to comment further.

On the whole, those respondents who did not agree with the timescale typically indicated that they felt the 31 days was not long enough for young carers to respond. Some suggested that this would not be feasible due to their caring role and other priorities, while others suggested it might be difficult for young carers to access any support required and/or gather the required evidence within this time:

"The reality is that with all things that a young carer may have going on in life, 31 days is too short a time to appeal." (Individual)

"Circumstances of young carers change and have other priorities, 31 days isn't long at all from the perspective of a young carer. Gathering proof of incoming benefits can also take a long time to gather, a lot of waiting for evidence for this." (Organisation)

Respondents typically felt that the timescale should be extended, and while some suggested that six weeks, two months or three months may be more acceptable timescales, others did not volunteer any specific timescales, (and one individual felt they should be able to re-apply at any time). One organisation who requested the timescale be extended to three months suggested this was necessary because young carers are less likely to have interacted with, and will have less knowledge of both the benefits system (including time limits) and advice services, therefore leaving them less aware of their options and more vulnerable to an unfair outcome. They also noted that, should a re-determination require the completion/revision of a Young Carer statement then this would have to be completed in a shorter timeframe than is usual (i.e. currently 28 working days), and could place additional pressure on carer services and care managers.

Respondents (including some of those who agreed with the timescale in general but provided caveat comments) felt that some flexibility may need to be built into the system to allow young carers to request re-determinations beyond this timescale. They noted that some young carers may have chaotic home lives, should not be expected to have the same level of maturity/responsibility as an adult, they (or the cared-for person) could have been ill or hospitalised, or that they may need to seek assistance in completing paperwork or in securing supporting documentation which might not be possible within the 31 day timescale, etc. As such, it was considered important that young carers should have the opportunity to provide reasons for not submitting a re-determination within the 31 days, and that exceptional circumstances should be taken into consideration by Social Security Scotland, who should adopt an open and supportive approach to young carers.

Two other organisations suggested that the timescale should be monitored over time once the grant becomes available. One noted that, for reserved Department for Work and Pensions (DWP) benefits, any application made within a year of the expiry of the time limit generates a right to appeal to the tribunal if the decision is not changed. They suggested that this should be monitored for impact and, should issues arise, it should be extended. Meanwhile, the other organisation felt it would be important to monitor the impact of the timescales on different equality groups:

"…we believe that a 31-day timeframe to request a re-determination should be monitored, with particular reference to the impact on different groups, identified as having "protected characteristics" in the Equality Act 2010. Young people with no prior engagement with the social security system may need more time and support with the process." (Organisation)

One organisation, in support of the timescale, felt that an unsuccessful application may provide an opportunity to refer applicants to support services. They suggested that Social Security Scotland should play a leading role in identifying and working with organisations across Scotland who can both provide support to young carers and help them identify support.

Another organisation repeated their earlier recommendation to ensure that the re-determination timescales are clearly stated within the regulations in order to meet the requirement to do so in section 41(4) of the Social Security Act.

Time Limit to Complete a Re-Determination

As part of the consultation, the Scottish Government also sought views on whether the proposed 16 working days timescale for Social Security Scotland to complete a re-determination was acceptable.

Q6b. Is 16 working days an acceptable time for a re-determination to be completed by Social Security Scotland?

Most respondents (86%) again agreed that the proposed 16 day timescale for Social Security Scotland to complete a re-determination was acceptable, compared to only 13% who disagreed and 1% who did not provide a response.

Those who disagreed with the proposed timescale were invited to provide further details in support of their response. Some of the comments received suggested that respondents had misunderstood the proposal, mistaking it to refer to the time available to young carers to request a re-determination rather than the time provided to Social Security Scotland to assess the re-determination.

Other respondents who disagreed with the timescale either felt this was too short or too long. The one respondent who suggested a longer timescale (i.e. 20 working days) felt this would be necessary to ensure that the final decision was not rushed. Meanwhile, of the three respondents who would prefer a shorter timescale, one suggested that a three week wait for a response was too long, another suggested that 10 working days would be more suitable as this would keep the decision to just a two week period, while the third suggested reducing this to 15 working days to provide consistency with the timescale proposed for the Best Start Grant and Funeral Expense Assistance.

Two respondents, who were generally in favour of the proposed timescale felt that the process may create a cyclical loop and/or create tension between re-determination decisions and the appeals process. It was noted by both respondents that an applicant could begin the appeals process after the expiry of the time-limit but before their application has been re-determined. One indicated that, even if the application was subsequently re-determined under s.43(3)(a) of the Act, this would not prevent the appeal from proceeding.

As at Q6a above, one respondent again indicated that the timescale for making a decision on a re-determination did not appear in the draft regulations attached to the consultation document. They sought clarification that it was intended to insert this into the regulations, in order to meet the requirement to do so in section 43(5) of the Social Security Act.