Summary

  • The Social Security Committee takes evidence on the new social security tribunal proposal

  • Opposition party leaders and MSPs quiz Nicola Sturgeon during first minister's questions

  • A members' debate marks Scottish Apprenticeship Week

  • Equalities secretary gives statement on plan to tackle child poverty

  • MSPs debate safeguarding cultural heritage

  1. Second evidence session on social security appeals tribunals beginspublished at 10:21 British Summer Time 29 March 2018

    WitnessesImage source, bbc

    The second part of the committee session is taking evidence from panel-experienced professionals:

    • Regional tribunal judge Jessica Burns
    • Disability qualified tribunal member Paul Dumbleton
    • Medically qualified tribunal member Dr Patricia Moultrie
    • Professor Tom Mullen, a member of former Scottish Tribunals & Administrative Justice Advisory Committee
  2. Background: New social security agency to create 1,500 jobs in Dundee and Glasgowpublished at 10:20 British Summer Time 29 March 2018

    Nicola Sturgeon meeting social security stakeholders

    Scotland's new social security agency will have its headquarters in Dundee, the first minister confirmed last September.

    Nicola Sturgeon said the new agency will also have a site in Glasgow, with 1,500 jobs split evenly between the cities.

    The first minister made the announcement as she met social security stakeholders in Dundee.

    The Scottish government will be given powers to deliver 11 devolved benefits.

    Read more.

  3. The first evidence session draws to a closepublished at 10:18 British Summer Time 29 March 2018

    Jane SmithImage source, bbc
    Image caption,

    Jane Smith

    Jane Smith says the claimant does not have the back up the agency, however well intentioned, has.

    Ms Adamson asks if there are any final thoughts from the panel.

    Ms Smith asks what happens when something goes wrong with a tribunal and says she is concerned about the broad grounds in the legislation for barring someone from the tribunal.

  4. Witnesses call for more clarity on role of supporterpublished at 10:14 British Summer Time 29 March 2018

    Mr Balfour asks about any other major concerns about the regulations.

    Andy Little says the drafting on what a supporter can do seems to fit badly with the role of representative, warning one may trespass on the other.

    Steven McAvoy from Enable Scotland suggests it would not make sense to prevent supporters from performing the role of representative if they were legally qualified to do so.

    Paul McCormack says a person being invited to give evidence would not be sitting in the tribunal from the start while a person providing moral support would be.

    He therefore argues the roles need to be clear from the start of a tribunal.

    Paul McCormack from Govanhill Housing Association
  5. Postpublished at 10:12 British Summer Time 29 March 2018

    This Twitter post cannot be displayed in your browser. Please enable Javascript or try a different browser.View original content on Twitter
    The BBC is not responsible for the content of external sites.
    Skip twitter post

    Allow Twitter content?

    This article contains content provided by Twitter. We ask for your permission before anything is loaded, as they may be using cookies and other technologies. You may want to read Twitter’s cookie policy, external and privacy policy, external before accepting. To view this content choose ‘accept and continue’.

    The BBC is not responsible for the content of external sites.
    End of twitter post
  6. Witnesses support three person tribunalpublished at 10:11 British Summer Time 29 March 2018

    Tory MSP Jeremy Balfour says at the moment there is a three member tribunal for PIP with someone who has experience of a disability or working with someone with a disability.

    He asks if a three person tribunal should continue or if it is too unwieldy.

    CommitteeImage source, bbc

    Jane Smith says the non-qualified person on the tribunal is really important.

    Ms Smith says it would be nice if the tribunal service could target things.

    Steven McAvoy says he is broadly happy with the three person tribunals.

  7. Uncertainty over orders for expensespublished at 10:07 British Summer Time 29 March 2018

    Steven McAvoy from ENABLE Scotland
    Image caption,

    Steven McAvoy from ENABLE Scotland

    Steven McAvoy from ENABLE Scotland says the the process of challenging decisions must be made as simple as possible because it is used by the most vulnerable people.

    Tory MSP Jeremy Balfour asks for views on the awarding of expenses.

    Jane Smith says that, generally speaking, claimants have few financial resources and therefore this could put people off appeal.

    "I couldn't quite see what the issue was that it was designed to address", she adds.

  8. Preference for direct process of appeal says witnesspublished at 10:04 British Summer Time 29 March 2018

    SNP MSP George Adam says the minister has said the whole point of the new system is that it will be differnent and will give the agency the opportunity to get some of the issues sorted.

    Andy Little from Midlothian Council says the culture change is positive and it could and should work.

    However he says the preference would be for direct process of appeal.

    SNP MSP George Adam and Andy Little from Midlothian CouncilImage source, bbc
    Image caption,

    SNP MSP George Adam and Andy Little from Midlothian Council

    Mr Adam says the minister says this is not mandatory reconsideration, rather a fresh set of eyes.

    The Midlothian Council representative replies it's being a bit ambiguous with the wording, it is not changing the system.

    He would prefer change to the wording and the system and to go to direct apppeals.

  9. Postpublished at 10:04 British Summer Time 29 March 2018

    This Twitter post cannot be displayed in your browser. Please enable Javascript or try a different browser.View original content on Twitter
    The BBC is not responsible for the content of external sites.
    Skip twitter post

    Allow Twitter content?

    This article contains content provided by Twitter. We ask for your permission before anything is loaded, as they may be using cookies and other technologies. You may want to read Twitter’s cookie policy, external and privacy policy, external before accepting. To view this content choose ‘accept and continue’.

    The BBC is not responsible for the content of external sites.
    End of twitter post
    This Twitter post cannot be displayed in your browser. Please enable Javascript or try a different browser.View original content on Twitter
    The BBC is not responsible for the content of external sites.
    Skip twitter post 2

    Allow Twitter content?

    This article contains content provided by Twitter. We ask for your permission before anything is loaded, as they may be using cookies and other technologies. You may want to read Twitter’s cookie policy, external and privacy policy, external before accepting. To view this content choose ‘accept and continue’.

    The BBC is not responsible for the content of external sites.
    End of twitter post 2
    This Twitter post cannot be displayed in your browser. Please enable Javascript or try a different browser.View original content on Twitter
    The BBC is not responsible for the content of external sites.
    Skip twitter post 3

    Allow Twitter content?

    This article contains content provided by Twitter. We ask for your permission before anything is loaded, as they may be using cookies and other technologies. You may want to read Twitter’s cookie policy, external and privacy policy, external before accepting. To view this content choose ‘accept and continue’.

    The BBC is not responsible for the content of external sites.
    End of twitter post 3
  10. Background: Why I secretly taped my disability assessmentpublished at 10:01 British Summer Time 29 March 2018

    Nev Cartwright
    Image caption,

    Nev Cartwright has been left with complications including chronic infections and emphysema

    In 2015, Nev Cartwright sat down with his specialist at a hospital in Leeds. He was told his hacking cough and breathing difficulties were caused by a tumour in his left lung. He was 45.

    Since then he has had three operations and a lung removed. Nev was awarded the highest rate of Disability Living Allowance (DLA) - a benefit meant to pay for the extra costs of his condition.

    But a year later he received a letter saying the DLA was being replaced by a new benefit, the Personal Independence Payment, and his needs would have to be reassessed by a private company.

    The night before his assessment he watched a documentary which questioned how they were being conducted.

    "I was really nervous about it and made the decision to audio record the interview covertly. It was a safeguard, an accurate record of what had taken place," he says.

    After his interview Nev had his disability payments cut and had to return the car paid for by the mobility element of his benefits.

    He wrote to the DWP and told them about his recording, sending them a written transcript put together by an independent firm.

    Read the rest of Nev's story here.

  11. Concerns about mandatory reconsideration were raised at its introductionpublished at 10:00 British Summer Time 29 March 2018

    Questions were raised in 2013 when mandatory reconsideration was first introduced as to why is was necessary, says Paul McCormack.

    These concerns are well born out when looking at statistics given the amount of cases overturned, he adds.

    Tory MSP Jeremy Balfour
    Image caption,

    Tory MSP Jeremy Balfour

    Tory MSP Jeremy Balfour, who is a former member of the tribunals service, says reopening the whole case would still be possible in the proposed tribunal and asks for clarification on Mr Little's previous point.

    Mr Little suggests the process "could be different" because the new tribunal is moving away from 'need not consider'.

  12. Going straight to appeal does not preclude review says witnesspublished at 09:57 British Summer Time 29 March 2018

    Jane SmithImage source, bbc
    Image caption,

    Jane Smith

    Jane Smith says good administrative practice is to review your decision.

    "Going straight to appeal does not preclude that."

    Ms Smith insists the business of going straight to appeal is cheaper, easier and simpler for claimants.

    It does not prevent issues being sorted in house, she adds.

    "So many cases fail at mandatory reconsideration that it is an expensive additional step."

  13. Background: 'Lack of trust' in benefits systemspublished at 09:53 British Summer Time 29 March 2018

    Person using mobility aid

    Failings in disability benefits assessments - including claimants being asked when they had "caught" Down's syndrome - have led to a "pervasive lack of trust" in the system, MPs said last month.

    The Commons Work and Pensions Committee said reports by private contractors for the two main disability benefits, PIPs and ESA, were "riddled with errors".

    And it said contractors "universally missed", external the set performance targets.

    The Scottish government has repeatedly emphasises its desire to place people at the heart of the new social security system to increase trust.

    Read more here.

  14. Direct appeal would speed up process says witnesspublished at 09:50 British Summer Time 29 March 2018

    Tory MSP Adam Tomkins
    Image caption,

    Tory MSP Adam Tomkins

    Tory MSP Adam Tomkins suggests re-determination is an opportunity for an agency to correct errors in-house rather than going straight to appeal.

    He asks how many additional cases tribunals would have to hear if appeals were direct.

    Adam Little says mandatory reconsideration puts people off and delays proceedings, so direct appeal would speed the process up.

  15. 'Streamlining the process makes sense'published at 09:47 British Summer Time 29 March 2018

    Andy Little from Midlothian CouncilImage source, bbc
    Image caption,

    Andy Little from Midlothian Council

    Andy Little from Midlothian Council says the old system of mandatory reconsideration is not working according to the statistics.

    Mr Little says streamlining the process makes sense.

    Green MSP Alison Johnstone says appeals could be a very negative process and asks if Mr Little is satisfied by the changes that have been made.

    The outcomes open to the tribunal need to be looked at, he says.

    Mr Little says under this legislation the tribunal could look at everything.

  16. Background: Scottish welfare assessment rights outlinedpublished at 09:46 British Summer Time 29 March 2018

    Person using mobility aid along pierImage source, Lukassek

    The Scottish government has confirmed that its social security legislation will allow people to have someone with them during welfare assessments.

    A bill is currently under consideration at Holyrood to set up Scotland's own devolved social security system.

    Social security minister Jeane Freeman said people would have the right to be accompanied during assessments.

    The UK government welcomed the announcement, and said this was already the case under the current system.

    Read more.

  17. Govanhill Housing Association backs direct appeals processpublished at 09:41 British Summer Time 29 March 2018

    Paul McCormack from Govanhill Housing Association
    Image caption,

    Paul McCormack from Govanhill Housing Association

    Labour MSP Pauline McNeill asks about an automatic right of appeal and re-determination.

    Paul McCormack from Govanhill Housing Association says decisions should have an automatic right of repeal, which should be direct rather than going through re-determination first.

    He says statistics suggest the additional stage has acted as a deterrent to appeal.

  18. Social security charter welcomed by witnessespublished at 09:37 British Summer Time 29 March 2018

    Committee convener Clare AdamsonImage source, bbc
    Image caption,

    Committee convener Clare Adamson

    Ms Adamson gets us underway by asking about the social security charter and what difference that will make to the way the tribunal operates.

    Jane Smith welcomes the idea of a charter as do the other witnesses.

  19. Background: What is the social security tribunal?published at 09:35 British Summer Time 29 March 2018

    Wheelchair userImage source, Getty Images

    The Scottish government has proposed the creation of a new social security tribunal under its newly devolved welfare powers.

    The tribunal will handle appeals made against decisions of the new Scottish social security agency.

    The Scottish government is currently consulting on the proposals, external, which will close on 16 April.

    The tribunals must have regard to the social security charter and take into account people's rights and the nature of delivery as set out in the charter.

  20. And we're off.........published at 09:32 British Summer Time 29 March 2018

    CommitteeImage source, bbc

    Social Security Committee convener Clare Adamson first takes evidence from welfare rights experts, including:

    • Andy Little from Midlothian Council
    • Steven McAvoy of ENABLE Scotland
    • Paul McCormack from Govanhill Housing Association
    • Jane Smith from North Ayrshire Council, but appearing in a personal capacity today