The ALLIANCE has responded to draft regulations covering circumstances in which social security payments can be suspended.
The ALLIANCE has responded to a request for comments from the Scottish Commission on Social Security (SCoSS) on the draft Suspension of Assistance (Disability Assistance for Children and Young People) (Scottish Child Payment) (Scotland) Regulations 2021.
The response outlines that as a general principle – and in line with a rights based approach – social security payment should only be suspended if necessary, and for the shortest time possible.
It makes several points and recommendations. These include:
- Communication about a decision to suspend should be clear, accessible and inclusive
- People should have the right to have the decision reviewed, have access to independent advocacy, as well as independent advice and representation to protect their rights
- To ensure that a suspension is for as short a time as possible, an explicit time limit should be added to the regulations
- Where a person has an appointee, it is important that the person’s own wish for who their appointee is are ascertained and respected
- Clear guidance should be published on the process by which suspicions or allegations of financial abuse by an appointee are investigated
- Clarification is needed on the effect of a decision to suspend a payment on other passported payments
- Consideration should be given to adding a provision to the regulations requiring that Scottish Ministers must have regard to the importance of communicating in an inclusive way.
You can read the full response via the link below.