Victory for campaigners as devolution loophole could be used to bust benefits sanctions system
Major moves have been made to end the despised benefit sanctions system in Scotland.
Equalities secretary Angela Constance has said the Scottish Government will embark on a programme of non-compliance with the Department of Work and Pensions (DWP) over the hated penalties.
This would mean refusing to inform the DWP when someone infringes draconian rules when taking part in welfare-to-work programmes, which will come under the auspices of the Scottish Government next year as part of the post-indyref devolution of powers.
Failing to inform the DWP would mean that it cannot apply punitive sanctions – which have been blamed for hurting the most vulnerable – on the benefits which the Westminster government will still administer under the new set-up.
We are not going to give the DWP any information if we think that might lead to a sanction
Aspreviously revealed in TFN, the move was the brainchild of the Scottish Green Party, which released a report saying 13,000 Scots face being sanctioned each year if action is not taken.
It identified the loophole caused by the split of powers between parliaments, which the Scottish Government could use to protect people.
After weeks of refusing to comment, it now appears as though SNP ministers have decided to take up the challenge.
Constance said: “While we can’t stop the UK government putting conditions on the work-related benefits, we’re not going to be giving them any information or respond to inquiries if we think that might lead to a sanction.
“The reality is we’ll have two systems – we’re trying to design a new system. It is easy for people to get confused. But what I can say, and what the minister for training and employability can say, is our skills programmes are voluntary and we’re not going to deal with an inquiry if it would add to the risk of a sanction.”
This was welcomed by Patrick Harvie MSP, the Scottish Greens’ co-convener. He said: “In our first week back at Holyrood, we’ve already convinced the government with our sanctions report by making the case that when employment programmes are devolved in April next year, the Scottish Government should insist on contracts that prevent sanctions being implemented.
“Sanctions simply don't work. They do not help people into long-term employment and they clearly contribute to worsening physical and mental health. Scotland has an opportunity to take a different and positive approach.”
Citizen’s Advice Scotland also welcomed the move, saying: “When someone has no money whatsoever, it can also make it more difficult for them to look for work, as it is harder to pay for transport, phone credit and broadband to contact employers. So we certainly welcome any efforts to address these problems and help those who are struggling.”
A DWP spokesman said: “Sanctions are an important part of our benefits system and it is right that they are in place for those few who do not fulfil their commitment to find work.
“The Scottish Government now has significant new welfare powers, and we will continue to work together to ensure that devolution works for the people of Scotland and the UK.”
