Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) (No. 2) Order 2021

Baroness Thomas of Winchester Excerpts

Tuesday 9th November 2021 Grand Committee

The Minister for Welfare Delivery in the other place presented this instrument to its committee on 2 November. It was regarded as wholly technical and passed with no concerns. I hope the noble and learned Lord agrees with that assessment based on what I have set out today. I therefore commend the order to the Committee and beg to move.

[Baroness Thomas of Winchester (LD) [V]]

My Lords, I hope that I have the right statutory instrument and that I am not speaking on the wrong one. I am particularly pleased to welcome this statutory instrument, which means that children will not have to go through compulsory face-to-face assessments and will not have to undergo repeated applications. I gather that clinical reports will be collected as a matter of course. I make a plea that a disabled child under three should, if eligible, be entitled to the highest mobility component so that parents are able to apply for a Motability car. It sounds as though lessons have been learned from the recent pilot and that the whole experience surrounding the benefit will be as stress free as possible.

[Lord Falconer of Thoroton (Lab)]

I thank the noble Viscount, Lord Younger of Leckie, for his clear exposition. We support this order and think that it is beneficial. We understand the effect to be that the child disability payment will be treated as a qualifying benefit for Christmas bonus, carer’s allowance and carer’s credit in the same way as the disability living allowance for children is currently treated, and that that is the primary purpose of the order for Scotland. I hope the noble Viscount can confirm that that is the position.

Can the Minister help me on two issues? In accordance with the correct procedure, this is a draft order, hence the name of the Secretary of State has not been put in at the end. The noble Viscount referred to this having effect for the “qualifying week” for the Christmas bonus. Can he indicate when this will come into force? If one looks at the beginning of the draft it says “made” and “coming into force”. Obviously “made” depends upon today, but I am not sure what date is envisaged for coming into force. Can the noble Viscount indicate what it is and what the qualifying week is for the purpose of the Christmas bonus?

I understand the key bit of this measure to be paragraphs (3) and (4) of the draft order. Does paragraph (3) get the disability payment to be treated in the same way as previously? What is the significance of

“the care component of child disability payment at the middle or highest rate in accordance with regulation 11”?

What does that mean? Is there an alternative that could have been used that might have been better?

Moving on from the technical detail of the order, the noble Viscount said that the DWP was in close contact with the Scottish Government on these issues. The compounding cost of living crisis, with rising energy bills, rising taxes and cuts to universal credit, has made the position of many families in Scotland particularly difficult. Has the department or the Minister had any discussions with Scottish Ministers about why it has taken so long for the Scottish Government to use the powers afforded to them to devolve benefits in Scotland? It will now take until 2025 for some benefits to be devolved after the Scottish Government sought to delay implementation. Why is that?

In our view, the Scottish Government have not gone far enough with those benefits which have been devolved—they could have made the carer’s supplement permanent or made eligibility for disability benefits fairer, but they have failed to do either. Has the Minister or his department discussed with Scottish Ministers their approach to the social security system, which seems more in keeping with the approach of the DWP in England than with a separate system? Has the Minister or his department identified any areas where savings could be made for the Scottish taxpayer—for example, by using existing UK government infrastructure to make payments, rather than setting up costly new methods which replicate those which already exist?

I end by expressing appreciation for the approach that the noble Viscount has taken in laying this statutory instrument before Parliament. As I said, it is one we support, so that families can receive the payments they are entitled to ahead of and during what could be a very difficult winter for many.