Date: 26 September 2024

Time: 14:00

Venue: Microsoft Teams

Present—

• Ed Pybus (Chair)
• Dr Mark Simpson (Member)
• Judith Paterson (Member)
• Dr Marilyn Howard (Member)
• Adam Bennett (Member)

Apologies: None

In attendance (SCoSS Secretariat)—

• Stephen Herbert, Secretary
• Andrew Strong, Head of Policy and Scrutiny
• Andrzej Hagger, Analysis and Participation Officer
• Lisa Kinnear, Governance and Engagement Officer

The Chair, Ed Pybus, welcomed the Commissioners to the eighth meeting of the Board in 2024.

Marilyn Howard declared that she is a former recipient of the DWP Winter Fuel Payment.

The draft Minutes of the August Board meeting were considered and, following amendment, agreed.

In attendance—

• Stephen Pendrich, Finance Team Leader, Social Security Directorate, Scottish Government

Stephen Pendrich provided the Board with an update on the outcome of the mid-term budget review conducted recently by the Secretariat, Sponsor Unit and Finance.  Stephen Pendrich also detailed the process implementing the Scottish Government emergency spending control procedures for 2024-25 with regard to SCoSS expenditure.

Stephen Herbert provided the Board with a finance update and noted the forecast spend in 2024-25 remains in broadly the same position as previously reported to the Board with an overspend of £18K currently being forecast.

The Board noted the finance update and the outcome of the mid-term budget review.

In attendance—

• Suzie Gilkison, Senior Policy Officer, Special Rules for Terminal Illness, Disability Benefits Policy Unit

Susie Gilkison provided an overview of the background to the proposed amendment to Pension Age Disability Payment (PADP) regulations to address a gap in backdating of PADP payments to people with a terminal illness diagnosis. Ms Gilkison highlighted that there was likely to be a tight timescale, potentially of around two weeks, for SCoSS to report.

The Board considered a number of issues arising from the potential amendment to PADP regulations and agreed an initial approach to scrutiny with the proposed timescale.  This included that the Board would write to Scottish Government officials seeking further information on a number of points prior to any proposed draft regulations being referred to SCoSS.  The Board also agreed to hold an ad hoc Board meeting to discuss the draft regulations once they have been received.

Stephen Herbert provided the board with an update on progress against the strategic objectives and key priorities set out in the 2024-25 Business Plan.  The update indicated that the Commission was on track to meet the objectives and priorities set out in the business plan by the end of the 2024-25.

The Board noted the update and that the final position with regard to progress against the business plan strategic objectives and priorities would be reported in the 2024-25 annual report and accounts.

The Board also agreed to hold an in-person business planning session on the morning of Thursday 29 November, in Atlantic Quay in Glasgow, prior to a Board meeting on the same day.

Andrew Strong provided the Board with a scrutiny update which included the consideration of scrutiny of the updated draft Pension Age Winter Heating Payment regulations which had been laid in the Scottish Parliament on 25 September.  The Board noted that there was no fixed timetable for retrospective scrutiny of the draft regulations.

The Board agreed to seek clarity on a number of issues from Scottish Government officials and that once a response had been received that Adam Bennett and Dr Mark Simpson would consider further the approach to scrutiny of the draft regulations.

Members also discussed the parliamentary progress of the Social Security (Amendment) (Scotland) Bill at Stage 2.  It was noted that Jeremy Balfour MSP had proposed an amendment seeking to extend the remit of SCoSS.  The Board agreed to write to the Cabinet Secretary detailing the Commission’s perspective of the proposed amendment prior to Stage 3 consideration of the Bill.

The Board considered and discussed lessons learned from three recent scrutiny report processes.

The Chair provided the Board with an update on his recent meetings since the last Board meeting.  These were with the—

• Chair of the Independent Review of ADP, Edel Harris;
• Chair of the Scottish Fiscal Commission, Professor Graeme Roy;
• Chair of the Poverty and Inequality Commission, Professor Stephen Sinclair; and
• Chair of the Scottish Human Rights Commission, Professor Angela O’Hagan.

The Chair noted that the Chair of the Independent Review of Adult Disability Payment had sought the view of the Board with regard to how SCoSS could formally input into the review.  The Board agreed that SCoSS would not formally input into the review.

The Secretary noted that given the new composition of the Board, that the Secretariat proposed that it would be appropriate to review the membership of both sub-committees, including increasing the size of the Audit and Charter sub-committees from two to three members.

The Board considered the current composition of the sub-committees and agreed—

• That the membership of the Audit Sub-Committee and Charter Sub-Committee be increased to three members; and
• That the Chair of SCoSS should also be the Chair of the Audit Sub-Committee.

The Board noted that the membership of sub-committees will be agreed at the October Board meeting.

The Board agreed future Board meeting dates to summer 2025.

No other business was discussed.

Meeting closed at 17:00

Date of next meeting: Thursday 31 October