Draft Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024

John Lamont Excerpts

Wednesday 9th October 2024 General Committees

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

It is a pleasure to serve with you in the Chair, Mr Efford.

As we have heard, the main purpose of the order is to make consequential amendments to UK legislation to ensure that recipients of the pension age disability payment—the Scottish Government’s devolved benefit that will replace attendance allowance—are treated in the same way as those in receipt of attendance allowance in respect of reserved benefits and for tax purposes. For example, receipt of pension age disability payment will passport a person to an additional amount in pension credit in the same way as attendance allowance does.

As proposed by the Scottish Government, the pension age disability payment will operate in a broadly similar way to attendance allowance. I am pleased that the Scottish Government and the UK Government have worked together to deliver the pension age disability payment. I know a little bit about the work to prepare this from my time in the Scotland Office, and I pay tribute to the officials in the room today who have done a huge amount of work behind the scenes to get us to this point. The credit for the hard work that has been done to deliver the order should rest with the officials, I would suggest, rather than any politician in this room.

I am happy to confirm that the Opposition will support the order today. However, although it is uncontroversial, there are questions about how the pension age disability payment might interact with reserved matters should the rules diverge from those for attendance allowance in the future. As with other devolved benefits, the Scottish Government have ruled out significant changes to the pension age disability payment eligibility rules until the process of moving attendance allowance claimants in Scotland over to the new benefit is complete. This is known as case transfer. I welcome it, and the Scottish Government intend to complete case transfer to pension age disability payment by the end of 2025. However, once case transfer is complete, it is possible that the eligibility criteria for the pension age disability payment could diverge from those for attendance allowance.

That point was highlighted at a recent meeting of the Scottish Parliament’s Social Justice and Social Security Committee. There was a discussion about the risk of divergence in terms of continued access to reserved passported benefits for pension age disability payment recipients. The DWP told the Committee that it would find a way to ensure that people receive their entitlements to reserved benefits. The Scottish Government’s Cabinet Secretary raised the possibility in future of making substantial changes to any of the disability benefits that would greatly increase the number of people who were eligible in Scotland who would not be eligible in the rest of the United Kingdom. In these circumstances, the Scottish Government would be asking the DWP to pay out benefits that would not be paid to people in a similar situation in England.

It would be for the UK Government and DWP to decide what to do. Has this been considered by the Minister and his DWP colleagues? Would extra capacity at DWP be required to handle such claims? Would there be another application form or type of assessment required to make a determination for such applicants? These are legitimate questions about how the two systems will match, so I would be grateful if the Minister could deal with them. I welcome the order and am happy to confirm the Conservative party’s support for it.