Page 20 - JUSTICE and AJC Report - Reforming Benefits Decision-Making

Employment and Support Allowance (ESA) and Personal Independence
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Payment (PIP).
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Geographical scope and devolution

1.11 This report is relevant to claimants and potential claimants across the United
Kingdom. However, social security benefits are a mixture of devolved and
reserved matters. In Wales all social security benefits are reserved. The
Scotland Act 2016 devolved significant new social security powers to
Scotland. The Scottish Government now has competence over eleven benefits,
including disability and carers’ benefits, however, Universal Credit remains
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a reserved benefit. The recommendations in this report which relate to the
DWP are therefore applicable in England and Wales, and in Scotland in
relation to reserved benefits.

1.12 Whilst in Northern Ireland almost all social security benefits are devolved,
Northern Ireland maintains ‘parity’ with social security, child maintenance,
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and pensions systems in England and Wales. Whilst there are some
differences in social security provision in Northern Ireland, these are
relatively minor. However, benefits in Northern Ireland are delivered by the
DfC, rather than the DWP. Where there are relevant differences, we have
sought to highlight these, otherwise, our recommendations apply to both the
DWP and DfC.

Dignity and respect

1.13 Scotland’s devolved social security powers are given effect through the Social
Security (Scotland) Act 2018. Executive competence for all the devolved

20 A payment for people with a disability or health condition which affects how much they can work.
21 A supplementary payment for people with long term ill-health or disability. Number of claimants as
of August 2020 were UC 5,571,000; PIP 2,572,000; and ESA 1,885,000 (DWP, ‘Universal Credit
Statistics 29 April 2013 to 14 January 2021’, see n. 16 above).
22 However, the introduction of Adult Disability Payment to replace PIP has been delayed until Spring
2022.
23 Northern Ireland Act 1998, s.87.

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