Draft Social Security (Scotland) Act 2018 (Disability Assistance and Information- Sharing) (Consequential Provision and Modifications) Order 2022

Nigel Mills Excerpts

Wednesday 2nd March 2022 General Committees

[Nigel Mills (Amber Valley) (Con)]

I have a couple of quick questions for the Minister. First, will he talk us through the 13-week run-on? Does it apply both ways? If somebody leaves England and moves to Scotland, for instance, do we fund 13 weeks of PIP while they go through the Scottish application process? What happens if a claim cannot be completed in 13 weeks? I am sure we all have many constituency cases of PIP claims not being approved within 13 weeks, especially if people are refused and have to appeal. Does the person effectively have a complete gap in their benefit payment until the claim is resolved in England, and do they lose all the knock-on benefits in the meantime? Indeed, they might effectively lose their right to vote, because they think they can cast a proxy vote but then cannot because it somehow drops away.

Secondly, I think the Minister said that for as long as the new Scottish benefit remains broadly equivalent to PIP, the provisions in the order apply. However, I do not see any measures to automatically terminate the add-on provisions if at some point we think the Scottish benefit has diverged too far from PIP. What is the process if the Scottish benefit becomes much more generous, or has completely different triggers, or is no longer seen as equivalent to PIP? Would we have to come back with a new order and start disapplying all these things? How will the situation be monitored? Will there have to be a continual assessment of Scottish Government legislation to decide whether the trigger has been met? Or does the Minister think that is unlikely because most of the things we are extending in the order are so automatic and uncontentious, and it is hard to believe that the Scottish system could ever become so different that we would ever need to withdraw any of them?