Relationship between Social Security Scotland and the DWP
Motion made, and Question proposed, That this House do now adjourn.—(Gen Kitchen.)
In addition to all your work in the Chair, Madam Deputy Speaker, and so much behind the scenes, you are also a constituency MP. Like me, like the Minister, and like the other Members here this evening, you will be written to by your constituents, and I am sure that you and your team will know how incredibly frustrating it is when we cannot get Government systems right. That is why we are here this evening, and I hope the Minister will provide some constructive responses about departmental improvements. The issue I want the Minister to address is the fact that Department for Work and Pensions systems are continually failing to understand and correctly account for Scottish carers who have an underlying entitlement to the Scottish carer support payment, but who do not receive the payment itself because of income—for example their state pension or part-time work. I am currently supporting two constituents who see continual wrongful deductions. One has passed state pension age, and the other receives employment and support allowance. They do not receive any payments for the carer support payment from Social Security Scotland, but the DWP continues to make those deductions from their universal credit—I hope colleagues are keeping up. I want to pause at this point and reflect on how long it has taken for us to know what is causing the confusing and distressing deductions from my constituents’ payments. My fantastic caseworker Neve has spent literally months trying to unravel payments and deductions, while being told different things by different DWP and Social Security Scotland caseworkers. I have met the Minister for Social Security and Disability in relation to one of those cases, and he is aware from previous correspondence of the myriad communication problems that we had in one particular case, with DWP officers calling my constituent and causing considerable distress. My constituent was inadvertently misled—I like to think it was inadvertent—about where and when voicemails could be left, and there was a general refusal to engage with my office, despite requests to do so because my constituent, in addition to having learning difficulties and being a carer for his family, was also going through cancer treatment. Those are all underlying issues within the Department for Work and Pensions and do not specifically relate to Social Security Scotland, but we see similar confusion with almost every case that comes through our office, and we need it to be sorted.
I congratulate the hon. Lady on securing this debate—I spoke to her about it beforehand, just as I spoke to you, Madam Deputy Speaker. In Northern Ireland we see the same breakdown in communication, the same bureaucratic black holes, and the same administrative friction when trying to cross-reference entitlements between devolved local structures and the central DWP database. Vulnerable carers and elderly citizens transitioning to the state pension are being left without income, simply because fragmented public services cannot talk to one another. Does the hon. Lady agree that we must ensure that the most vulnerable in our care are protected with greater success, UK-wide?
I agree with the hon. Member, and it is important to remember that on many occasions we are talking about our most vulnerable constituents. No doubt there is an onus on us as MPs, and indeed on the Government in Westminster, but Administrations in other parts of the UK also have a responsibility to ensure that they are working as constructively as possible. I understand that the Department has recently recruited more complaints handlers, which I hope will go some way to improving things. I have a case that we raised in March, and we were told this week that it has not yet been assigned to anyone. I am deeply concerned about the state of the DWP, and by extension the welfare of the vulnerable constituents who the hon. Member for Strangford (Jim Shannon) just referred to. There are two key issues with the carer support payment that the DWP needs to help address. First, DWP staff need to be trained in what that payment is, how it works, and why keeping the underlying entitlement to it is important. That includes early stage call handlers, in addition to the specialist teams to whom difficult cases are allocated. I hope that the Minister, and the Minister for Social Security and Disability, are fully across this, but let me put on the record that the carer support payment is the benefit that replaced carer’s allowance in Scotland—we know there have been major issues with carer’s allowance in other parts of the UK. Like carer’s allowance, earnings over a certain level remove someone’s eligibility to the payments. Carer support payment can also be awarded as an underlying entitlement that acts as a gateway for additional support. That should be a familiar concept. We see it with the DWP carer’s allowance, but also with other support such as child benefit. Parents are encouraged to apply for child benefit even if they are not eligible for the payment, because it is a gateway to the non-working parent getting national insurance credits. Madam Deputy Speaker, you can imagine how frustrating it is when DWP case handlers give advice, as they have done to us, that the issue with deductions would be resolved by asking Social Security Scotland to remove the underlying entitlement. It fails to demonstrate any understanding of how many benefits work, and frankly demonstrates a willingness to let people be worse off because the DWP’s own rules are complicated to apply. Secondly, DWP systems need to be set up to process correctly the information being provided to them by Social Security Scotland. I will not claim that Social Security Scotland is perfect by any stretch, and it is not within the purview of this place, but I would like to see more joined-up working from all sides. However, I have been assured, as much as I can be, by Social Security Scotland that its computer system is communicating properly with the DWP, and I have no reason to believe otherwise. However, from the DWP side I have been varyingly told that its system shows a claimant in receipt of a payment of carer support payment, despite them never having received it, and that it is DWP policy to deduct carer support payment as standard unless explicitly told otherwise by Social Security Scotland. Worryingly, while acknowledging an issue in March, the Minister for Social Security and Disability told us in writing that wrongful deductions “may cause confusion to customers and that they are exploring ways to make the process clearer”. My view is that yes, DWP mistakes can be confusing, especially given the communication issues that I have already outlined; but that statement misses the point by stating the problem is the claimant’s understanding. We need a system that does not make these systemic errors in the first place, and I would argue that that is very squarely for the Department, not claimants, to sort out. Just finally last week, the specialist DWP complaints team has either worked out, or come clean with us and owned up to, the systemic error impacting many Scottish carers. It wants to find a fix, but it does not have a timescale in which that will be achieved. Until then, it will be up to a claimant to realise that there is a problem and ask the DWP to correct the deduction each month. Let me repeat that: the DWP wants the claimant to ask the DWP to correct the deduction each month. We all know that unpaid carers are among the most overstretched groups in our society, yet the DWP is telling them to take on the burden of correcting its failures every single month. Carers Week is next week, and I do not think that that is the message that we want to be sending from this place, or indeed from the DWP. That may all sound a bit dry and complicated, but benefit applications, overlapping payments and underlying entitlements have a real human impact on the lives of our constituents. Having their universal credit payment reduced to nil when they have food to buy and bills to pay is very difficult. There is no buffer to help them out while they battle with the DWP to find out why. I have seen constituents relying on credit cards for basics, or going without, to the detriment of their own health. The stress and distress that this situation causes are immense. The DWP’s computer error is the reason one constituent has been suicidal, and it is causing extreme anxiety to another. They are not alone, and fundamentally this is not their fault. I will make a final addition to my remarks before I come to a conclusion. I had mainly prepared for this debate when we received an update this morning on one of the cases. My constituent had received a letter saying that he would be receiving a back payment of the best part of £3,000. He was confused—we were confused. My office had spelled out as clearly as it could to the DWP that he just needed his universal credit paid back for the period of December 2025 to February 2026, in which carer support payment had been incorrectly deducted. Being given a confusing payment of too much money can be just as distressing as receiving too little. I cannot stress enough the fear of relying on the DWP, spending the money and then being told that it has to be repaid—I am sure that we all, as constituency MPs, recognise that. As it turns out, the DWP had got it wrong again. Despite everything it had been told, despite the months of investigating the claim, it thought that my constituent had never received carer support payment, which he had until December, and had repaid him for the whole period of the deduction. Now a further investigation has to be carried out, and then my constituent will have to pay back more than two thirds of what he has just been paid, so he needs to keep that money until then. I am sorry, but I find that unacceptable. What on earth is going on? My constituents spotted the problem, came to my office and after months of back and forth we have understood it, but there are more than 30,000 carers across Scotland who have this underlying entitlement and could be missing out on universal credit as a result. It has been a battle to get to where we are today, and I would not be surprised if many carers in Scotland gave up their underlying entitlement to this payment if they were told by the DWP that that was the best thing to do—but there are consequences to that decision. I therefore hope the Minister can use his time to set out what the Department is doing to ensure that its staff properly know about and understand Scottish benefits. What engagement is the Minister’s Department having with the Scottish Government to ensure that we can get working together? As the hon. Member for Strangford (Jim Shannon) said, how will the Department ensure that that happens on a UK-wide basis? What is the current understanding of the underlying error? What steps are being taken to fix it? What will the timescale be for that? Crucially, what steps are being taken to identify carers who are being underpaid or wrongly advised to drop their entitlement, and to offer proper support while those errors are rectified?
Let me begin by saying that I hope the hon. Member for North East Fife (Wendy Chamberlain) saw me taking extensive notes. The speech I was planning to give is perhaps not as bespoke to the issues that she raises as she would like, so at the outset I will make it clear that if she wants to escalate specific cases to me, I am very happy to have a look at them. She has clearly been escalating cases through the usual channels to departmental complaints teams and so on.
I want to put on record that the Minister for Social Security and Disability has been very keen to work with me to understand the problems we have, and I have been very grateful for the support. We are looking at the fact that the issues are still happening, and I am grateful to the Minister for taking an interest in that.
I understand that. I am the Minister with responsibility for the relationship with the Scottish Government and, therefore, Social Security Scotland, so if the hon. Lady would be kind enough to let me know about the issues, too, I would be very happy to see what we can do to seek a resolution. I think it would be helpful to set out a little bit of the background and context to this issue, before saying what I am able to say about the peculiarities of the system that she highlights, and the impact that they have had on some of her constituents. We should all expect our welfare system to deliver for people as a safety net in difficult times, and to give people the opportunity to build better lives, wherever in the UK they happen to live, so it is only right that we pay attention to this issue. The hon. Lady is a powerful advocate for her constituents, but wherever colleagues are around the country, they should expect an effective and efficient service from the Department, as should their constituents. Following the devolution of significant social security powers through the Scotland Act 2016, responsibility for the delivery of welfare support to people in Scotland is shared between the UK Government and the Scottish Government. That means that many people in Scotland receive social security support from both the UK Government, provided by the DWP, and from the Scottish Government, delivered by Social Security Scotland.
I congratulate the hon. Member for North East Fife (Wendy Chamberlain) on raising a very important issue that our constituents face. Does the Minister agree that the prolonged confusion and delay in Social Security Scotland taking over the administration of devolved benefits from the DWP has contributed to a sense of confusion among people about who is responsible for providing the support that they receive?
My hon. Friend makes an important point. I do not want to get into a tit-for-tat, in terms of determining responsibility between the Westminster Government and the Scottish Government, but it is certainly fair to say that the agency agreements we have entered into have been extended, in some cases on more than one occasion. That can lead to it taking a protracted amount of time for us to deliver as we would hope, and in the most aligned way possible.
I congratulate the hon. Member for North East Fife (Wendy Chamberlain) on the debate she has had tonight. I also congratulate my hon. Friend the Member for Ayr, Carrick and Cumnock (Elaine Stewart) on her new position in the Department. Does the Minister agree that at £600 million—or the cost of 5,000 motorhomes—the set-up of Social Security Scotland is a national scandal?
My hon. Friend tempts me. I agree that it is not alone in being a national scandal up in Scotland—if, indeed, that is what it is. For the purposes of seeking to maintain a constructive relationship with my counterparts in Scotland, I may swerve the broader steer of that question. The focus should always be on ensuring that both systems work for those who use them, and that people get a clear, reliable and efficient service, even if they receive support from both DWP and Social Security Scotland.
I thank the Minister for giving way—he is always constructive and helpful, and we look forward to his contribution and his answers, which I am sure will help the hon. Member for North East Fife (Wendy Chamberlain) and others. I know the debate is about Scotland, but as I have mentioned, we are having similar problems in Northern Ireland. If we highlight our problems to the Minister, will he take them on as well?
I certainly will. As I said earlier, I am the Minister responsible for devolution, and I have regular conversations with Gordon Lyons, the Minister for Communities. I am very happy to pick up any specifics, where there are kinks that need to be ironed out. I am happy to do that for any Member. By March this year, DWP had completed its role in the transfer to Social Security Scotland of customers in receipt of four major devolved benefits. That involved around 730,000 benefit awards for personal independence payment, disability living allowance, carer’s allowance and attendance allowance customers. This was a hugely important undertaking, not only because of the number of people affected, but because of how vital that support so often is to people. It required close operational co-ordination, robust data sharing, careful communication with customers, and a shared commitment to ensuring continuity of support. I hear what the hon. Member for North East Fife says about her constituents’ experience of that transfer. Her point is well made, but crucially, in broad terms, it did deliver for people in Scotland; payments continued without interruption at point of transfer, and people were supported and kept informed throughout. That was a significant achievement by both organisations, and a clear demonstration of what effective, co-operative working can deliver. Throughout that complex process, it was very important that Scottish customers should know how to access information, and who to contact about devolved benefits. DWP operational staff also needed to know how to signpost and support customers correctly—I will take away the hon. Lady’s point about strengthening training, because if that has not been delivered to full effect, we need to make sure that that happens going forward. To achieve this, DWP and Social Security Scotland worked together on customer communications, ensuring the messaging was clear and consistent wherever possible, with detailed information on the changes to devolved benefits published on both gov.uk and gov.scot. DWP operational guidance has been updated to ensure that DWP colleagues are aware of those changes, and of where procedures have been updated. Colleagues received specific guidance on handling customer queries about Social Security Scotland’s benefits and payments. Both organisations agreed that each would signpost to the other where appropriate, but should avoid providing guidance or advice on each other’s benefits. The hon. Lady also made a point about the level within the organisation that that training had been cascaded to. I will check and confirm that for her, to make sure it has rippled through to all levels. While both DWP and the Scottish Government’s devolution programmes closed in March this year, nobody should take that as an indication that we do not continue to work together extremely closely. As I have already said, it is vital that co-operative relations continue. That is why DWP has created the Social Security Scotland liaison unit, a new function to support the ongoing relationship with Social Security Scotland. That liaison unit will ensure that future changes to devolved and reserved benefits are co-ordinated, and will support DWP business areas with any Social Security Scotland-facing matters. Alongside the work of that unit, DWP, the Scottish Government and Social Security Scotland continue to join up at many levels. Senior leaders agreed to establish a joint forum for Social Security Scotland and DWP operations to exchange feedback, support continuous improvement and jointly resolve issues. The joint operational working group provides an opportunity to discuss the customer experience and the journey our shared customers are navigating to receive the financial support they are entitled to.
I thank the Minister for giving way again. Does he agree that the problem we have identified—and potentially the scale of the problem, given the number of unpaid carers receiving an entitlement to this allowance—should be looked at by that working group?
If it is okay with the hon. Lady, I will come to the broad thrust of the problem she has identified later in my speech. It is quite complex, in that there are also some challenges in this space in England and Wales that were identified by the Sayce review, but I will say a little bit more about that in a moment. There is also continued ministerial engagement between the UK and Scottish Governments through the joint ministerial working group on welfare. That is a long-standing forum, providing oversight of the devolution of social security powers. That is in addition, of course, to bilateral meetings as required, and I am the Government’s representative on that working group. Turning to the thrust of the hon. Member’s contribution about the plight of her constituents in receipt of carer support payments, she is correct that the number of complaint handlers has increased recently. It is also worth mentioning, for the benefit of all colleagues, that I have personally moved into holding a series of regular meetings on complaints and MP correspondence. It is fair to say that the Department recognises that more must be done urgently to get a grip of that. In the past two weeks, I have had two or three such meetings already, and they will continue until we reach acceptable levels of complaint handling and timeliness of response. In that vein, if she would like to send me the details of the case from March that she referred to, which she has been told is yet to be assigned to a case handler, I would be happy to look into that for her. This issue has clearly been distressing for a number of the hon. Member’s constituents, and I acknowledge that. I also acknowledge that there will sometimes be cases where someone is given the wrong information by either my Department or by Social Security Scotland, or where our IT systems could join up more effectively. Where that happens, we need to work together to put that right. Where I slightly disagree with the hon. Member is on the suggestion that this issue exists only in Scotland. I think the situation is rather more nuanced. From what she has said, there are clearly some issues that I need to take away and look at, but we have some of the issues that she has identified in England, too; I probably do myself no favours by saying that. I think that we have a broader DWP issue, rather than something I would pin directly on Social Security Scotland. For example, as I have just referenced, the issue with how carer’s allowance and universal credit work together was identified in the Sayce review of carer’s allowance overpayments in England and Wales. In respect of carer’s allowance, we are committed to delivering a change, in line with our plans to modernise DWP services. It will be for me as the Minister for devolution to ensure that the transition to the new arrangements also supports the Scottish mechanisms. Work to automatically offset benefits, which is where we want to get to, will begin in the next financial year and is intended for completion within this Parliament, but I have heard the specifics of what the hon. Member has said for the first time today, and I will take that issue away. I am not able to make the commitment that this will be quickened up, but I want to see whether there is anything we can do. We will work specifically on CSP with Social Security Scotland, and will look at any issues around data sharing and the processes necessary for alignment that are specific to Scotland. Briefly, the implementation of the social security powers in the Scotland Act 2016 has been a significant programme of work, underpinned by strong co-operation between the DWP and Social Security Scotland at every level. Ongoing work will be required to keep the two systems working effectively together, but my Department is committed to doing that work, in the spirit of a productive, customer-focused relationship with the Scottish Government and Social Security Scotland. The hon. Member has outlined many issues today—as I said to the hon. Member for Strangford (Jim Shannon), I am happy to look at those in Northern Ireland, where he has them, too. Where issues arise, we will work together—in this case, as Social Security Scotland and the Department for Work and Pensions—to learn the lessons from navigating the complexities of creating a shared social security landscape. We will find solutions that are respectful of devolution, that maintain our commitment to working together constructively, and that always keeping in mind what really matters, which is the people who, the Department for Work and Pensions and Social Security Scotland are here to help, and their experience of our services. Question put and agreed to.
House adjourned.