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Overall, there is evidence that the policy principles of decisions being person-centred and trust-based are being met, however, client experience tended to vary depending on their circumstances.

Introduction

The Scotland Act (2016) devolved some social security powers to the Scottish Government for the first time, including some disability benefits. Social Security Scotland, the organisation responsible for the delivery of these benefits, was set up in 2018 and the initial programme of devolution is expected to be completed by 2025/26.

As part of the devolution of disability benefits, there have been a number of changes made to decision-making in order to improve people’s experience as a whole and reflect Scottish Government policy, ensuring it is underpinned by dignity, fairness, and respect.

A key focus of this approach is that decision-making takes a person-centred and trust-based approach. This approach is in line with the Social Model of Disability and involves making a decision which considers the individual’s needs based on what they tell decision makers about the barriers they face.

This evaluation examined decision-making policy, that is, how the policy has been implemented and experienced in practice and what impacts it has had. There was a particular focus on certain aspects of decision-making, specifically, applications, consultations, review periods, and reviews. The evaluation focussed on these experiences across three disability payments: Child Disability Payment (CDP), Adult Disability Payment (ADP), and Pension Age Disability Payment (PADP).

This evaluation is part of a wider programme of work evaluating the policy impact of the devolution of disability benefits. These evaluations provide one source of evidence into how benefits are contributing to Social Security Scotland principles and wider Scottish Government objectives.

Policy background

When an individual applies for a disability payment, Social Security Scotland staff will undertake a decision-making process to establish:

• Whether the individual meets the eligibility criteria for the disability benefit they are applying for.
• What rate of disability payment the individual is entitled to and when their entitlement begins.
• Whether there will be a scheduled review in the future and when this will be.

Similarly, when an individual goes through a review of their disability payment, Social Security Scotland staff will try to establish:

• If there is a reported change in circumstances, whether that change means the individual should receive a change to their disability award, considering the above detail regarding eligibility criteria.
• If there is no reported change of circumstances, if this is expected given what is already known about the client’s condition and needs.
• Whether there will be a scheduled review in the future and when this will be.

Consultations are a decision-making tool for ADP that can be used by Case Managers to help them determine entitlement. This evaluation also examined the decision-making process both before and after a consultation as well as the implementation of consultation policy.

The following decision-making policy principles apply to the areas outlined above:

Applications and overall decision-making

• Decision-making is person-centred and trust-based
• The right decision is made first time
• Decision-making is transparent
• Decision-making is lawful

Consultations

• Proactively used when this is the only way to gather the necessary information to make a determination
• Carried out by Health and Social Care Practitioners
• At a time and in a format suiting individuals’ needs
• Trust-based discussion between individual and practitioner
• Practitioners’ reports provided to individuals
• Individuals can respond to informal observations
• Are audio-recorded as standard
• Individual can request consultation

Review periods

• Review dates are based on individual circumstances
• Awards do not have a fixed end date
• Review periods range from 2 to 10 years and determined by when individuals’ overall circumstances are likely to change
• Time for recovery and adjustment are considered
• Review period begins on date of determination
• Indefinite awards possible for eligible clients

Light touch reviews

• Relevant existing information is used
• Decision-making tools are used
• Collaborative approach and good cause established when gathering supporting information

Aims of the research

Policy impact evaluations involve the systematic assessment of a government policy’s design, implementation, and outcomes. In the context of social security, this involves understanding how a benefit or aspects of the benefit are being implemented and what effects it has had, for whom, and why, as well as whether its implementation and delivery are in line with the policy and meet the policy intent. The Scottish Government published its approach to evaluating the devolution of disability benefits in October 2021.

As a result, the main focus of initial evaluation activity is assessing the impact of these policy changes on clients and client outcomes, rather than assessing the impact of disability benefits generally.

The following research objectives were defined:

• To explore individuals’ awareness and knowledge of the policy principles relating to the decisions made around them, including different areas of decision-making: applications, consultations, review periods, and reviews.
• To understand how individuals experience these policy principles.
• To understand how individuals’ understanding and experiences of these policy principles have impacted on them and whether this is in line with anticipated outcomes.
• To explore Social Security Scotland staff’s awareness and understanding of these policy principles.
• To understand how Social Security Scotland’s staff action these policy principles in practice and their experience of how this impacts individuals’ experiences, where possible.

In order to do this, evidence was gathered on individuals’ experiences and views on the decision-making process. This evidence has been analysed to provide greater understanding of how the policy changes are working in practice.

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