Scottish Social Security Consortium

Minutes of meeting 23 April 2002

Present: Marion Davis (One Plus), Judith Paterson (CPAG in Scotland), Danny Phillips (CPAG in Scotland), Angela Toal, (The Action Group), Sheila Williams (Capability Scotland), Derek Sinclair (Carers National), Maggie Mellon (NCH Scotland)

Apologies: Marie Burns (GAMH), David Brownlee (Age Concern Scotland), Kate Higgins (Capability Scotland), Susan Elsley (Save the Children), Drew Hunter (Children in Scotland)

1. Minutes of last meeting

• Agreed to mail out Consortium address list to members.
• Agreed CPAG to set up Consortium webpage on CPAG website.
• Agreed to contact Mark Neale of DWP to remind him to reply to the questions put to him at the last meeting.
• Noted that guidance on the new rules on free personal care is now available (check Scottish Executive website). There is a potential problem of overpayments of attendance allowance for people living in residential care who are funding their own care. The onus is on them to inform the DWP if they are getting free personal care from the local authority. If they are, they are not entitled to be paid attendance allowance.

2. Factfile 2002
NCH Scotland have published Factfile 2002 (£5). This brings together key facts on the lives of children in Scotland. Its aim is to influence policy and assist planners. This is the second version and they are planning to update it annually.

Maggie Mellon discussed some of the research included in Factfile:

• population (Scotland has 10% of the population of the UK, 33% of the landmass, 80% live in the central belt);
• families (half of all children live in either a single parent household or a household with a step parent);
• children in poverty; children in adversity; looked after children; young people who offend; compulsory intervention in family life related to poverty.
• noted that Age Concern and the Big Issue are doing work on the issue of payment through new basic bank accounts and post office accounts. While the lack of an account disadvantages people (by up to £5 a week because of losing out on direct debit discounts, using more expensive credit, etc), the proposals are problematic.

3. Social security update
Judith Paterson gave a brief update on some of the main changes coming in from April 2002.

• Permitted work for people on incapacity benefits replacing therapeutic work.
• Under 20s moving from severe disablement allowance to long-term incapacity benefit.
• DLA lower rate mobility regulation change - no eligibility for anxiety unless related to mental disability.
• DLA over 65 - case law confirming that mobility component available to those who already have the care component if mobility difficulties started before 65, and same for lower care.
• Benefits in care - abolishing preserved rights, residential allowance , Part III rates.
• Free personal care from July - Angela/Derek raised issue of problem for people going into respite care where local authorities do not carry out means test but just charge a flat rate.
  Consider producing information sheet to cover issues on free personal care.
• Administration - Benefits Agency and Employments Service ceased to exist in April. Replaced by Jobcentre Plus, Pensions Service and Disability and Carers Directorate. Jobcentre Plus to roll out nationally over next few years.
• HB appeals - First Commissioners’ decisions coming through. CH/385/01 says tribunals not bound by review board decisions.
• Case law - Suppersession at same rate allowed by CDLA/3466/00. Developing caselaw suggests that reps must raise all relevant issues otherwise tribunals need not consider them (eg CSDLA/336/00).
• Upratings - Benefits mostly up by 1.7%. Higher for disabled child premium (up by £5.50), maternity allowance/SMP (up by £12.80), child allowances (up by £3.50 from October 2002), adult tax credits (up by £2.50 from June 2002).
• Forthcoming changes - Invalid care allowance extended to over 65s from 28 October 2002. Pension credits introduced from April 2003, provide an extra top-up for savings/other income. New tax credits from April 2003 introduce fundamental changes to benefit landscape, separating out benefit support for children from support for adults. Noted that childcare tax credits are to be extended to childcare at home by approved providers, to help parents of disabled children and shiftworkers.

4. Information exchange

• Tax credit appeals - New tax credits from April 2003 introduce a new appeals system with appeals to tax appeal commissioners who also deal with income tax appeals. The Lord Chancellors Department recognise that the income tax appeals system is inappropriate for tax credit appeals. They have consulted groups in London, and now wish to consult groups in Scotland on how the appeals system should develop, and in what ways needs in Scotland might differ.
  Agreed to invite Mark Hughes from Lord Chancellor’s Department to next meeting to consult with Consortium.
• Tax Credits Bill - Soon going through House of Lords. CPAG producing briefing for House of Lords. Any points for inclusion, can pass to CPAG.
• ICA and women over 65 - some women on ICA since before 1/10/90 have been getting carer premium incorrectly. DWP trawling for such overpayments, not to recover but to stop carer premium (can apply for ex-gratia payment if this causes hardship). CPAG and Carers National Association are considering arguments for appeal. Note these women should be advised to reclaim ICA after 28 October.
• Scottish Executive Cross Party Group on citizenship, income, economy and society (CIES) - Scottish Low Pay Unit talking about setting up this group again.
• Winter fuel payment - Some pensioners in tenements in Scotland have been getting only half their winter fuel payment because of a computer error that doesn’t recognise separate addresses. Issue raised by Age Concern Scotland, and parliamentary question put to Alasdair Darling by local MP, David Marshall, on behest of Consortium. DWP clerically matching addresses in some areas where there are a lot of tenements but seem to have no plans to correct computer error.
• Supporting people - Age Concern Scotland wish to raise issue. Put on agenda for future meeting.
• Research on DLA - Disability Agenda Scotland have done some research on DLA and could present findings at a future Consortium meeting.
• Consortium - Citizens Advice Scotland stopped co-organising consortium with CPAG when Una Bartley left CAS before Christmas. Scottish Low Pay Unit may be able to step in.

5. Issues and dates for future meetings
Agreed following dates for 2002
(Tuesday 25 June) Edinburgh
[note since rearranged to Tuesday 18 June]
Tuesday 24 September Glasgow
Tuesday 26 November Edinburgh

Issues

• consultation on new tax credit appeals system - 18 June meeting
• supporting people - Age Concern Scotland?
• research on DLA - Disability Agenda Scotland (Capability Scotland?)

Back to the Scottish Social Security Consortium main page

For more information contact:
Judith Paterson
Child Poverty Action Group in Scotland,
Unit 9, Ladywell
94 Duke Street,
Glasgow G4 0UW
0141 552 3303
email jpaterson@cpagscotland.org.uk

Abigail Bremner
Citizens Advice Scotland
Spectrum House
2 Powderhall Road
Edinburgh EH7 4GB
0131 550 1000
email bremnera@cas.org.uk