Not getting enough benef its cash? Just sue the taxpayer!
BENEFITS claimants who believe they are not being paid enough will be able to take the Government to court thanks to a radical shake-up of Scotland’s social security system.
Holyrood is taking control of a raft of welfare powers, including universal credit, disability living allowance, maternity and housing payments, and employment support.
Ministers are being given the authority to create new benefits and top up those which stay reserved to Westminster.
The Scottish Government has said it wants to run a different system from the UK Department for Work and Pensions (DWP), which it accuses of ‘pushing people into poverty’.
A special tribunal will be created to settle disputes between claimants and officials over payouts. In some cases, claimants will be able to go to the Court of Session, the nation’s most powerful court.
A ‘claimant’s charter’ is also being drafted, which will place a legal duty on the Scottish Government to respect the ‘human rights’ of claimants.
A Scottish Government spokesman said: ‘Dignity and respect is at the heart of our social security policy – a contrast to the approach the UK Government is taking, which is pushing more vulnerable people into poverty as their appalling management continues to lead to delays in payments and increased reliance on food banks.
‘The charter will be a pivotal part of the new system and will set out what people can expect from the social security system. The Social Security (Scotland) Bill 2017 places a statutory duty on Scottish ministers to annually report on the expectations of them set out in the Scottish social security charter.
‘Individuals will have wellestablished and respected rights of redress, which will be handled impartially by the Scottish Public Services Ombudsman [for complaints] and the first-tier tribunal [for appeals].’
Social Security Secretary Angela Constance has been tasked with designing the new benefits system and has promised it will be ‘an investment in the people of Scotland’.
Ministers consulted over how the new powers should be used earlier this year and launched the Social Security (Scotland) Bill late last month.
The policy memorandum attached to the Bill makes clear the tribunal will hear cases about benefits administered by both the UK and Scottish Governments, but does not say what powers it will have.
It states: ‘The social security tribunals system is independent and trusted, and the majority of those that responded to the consultation were supportive. The Scottish Government believes this to be an appropriate approach for appeals that reflects its guiding principles.
‘It is the intention of the Scottish ministers to set up a new chamber that will hear appeals for devolved benefits.
‘The devolved tribunal will be administered by the Scottish Courts and Tribunal Service and will hear appeals on devolved benefits, as well as appeals by Scottish claimants on reserved benefits.’
UK appeals are heard by the DWP and consultation responses criticised delays, lack of clarity, and a perceived unfairness in case handling.
Scottish appeals will initially go to the agency set up to run the benefits system, but claimants will have the option of appealing to a tribunal.
In a consultation submission, the Equality and Human Rights Commission said: ‘If the charter is not enforceable, the document could quickly become meaningless.’
‘Social security charter’