THE Scottish Government is to scrap the “84-day rule” which stops benefits for families with disabled children in long-term hospital care, Alex Neil has announced.
The Social Justice Secretary yesterday confirmed it will end the Westminster rule as part of a “fairer approach” to social security in Scotland.
Reacting to the change, SallyAnn Kelly of children’s charity Aberlour said: “This loophole has created real anxiety in families with profoundly disabled children.
“We’re delighted by this news.”
Currently the Department for Work and Pensions suspends Disability Living Allowance payments once a child under 16 has been in hospital for more than 84 days.
The move, which also affects Carers Allowance, is justified as officials argue caring responsibilities for the child pass from parents to nursing staff. However, this ignores the fact that families continue to provide constant support to ill youngsters, incurring costs through frequent hospital visits.
But the Scottish Government now intends to end the discrimination once powers over welfare pass into its hands.
Neil said: “It is an absolute disgrace that a family already going through the distress and pain of visiting their seriously ill child in hospital every day should be financially penalised.
“We refuse to take an approach that punishes the vulnerable in our society which is why we will abolish the 84-day rule as soon as these powers are passed to the Scottish Parliament.
“Those families who are visiting their children in hospital day in and day out, will no longer face financial discrimination and will continue to receive DLA and Carer’s Allowance.
“Abolishing the 84-day rule is an early signal that we will take a fairer approach to social security and that we are committed to developing disability and carer benefits more suited to Scotland’s needs.”
Aberlour has campaigned to close the loophole and Kelly said: “When it was designed there was an assumption by officials at the DWP that when disabled children go into hospital for 84 days or more, caring responsibilities would pass to clinicians and, as such, that child’s DLA could be suspended.
“Many families with a seriously disabled child will tell you that if anything, during long hospital stays, those responsibilities increase because hospital staff do not have capacity to provide round the clock and specialised care.
“At the same time, daily trips to hospital to assist in the care of their child can seriously impact on a parent’s ability to generate income through home-based or part-time work.
“Whilst this only affects a few families every year, it has the potential to have a really negative impact on any family in this position and as such is a source of great anxiety.”
The news comes ahead of today’s meeting of the Welfare Reform Committee, which will discuss evidence from charities on social security delivery in Scotland.
Barnardo’s Scotland said the welfare system has “increasingly lacked dignity, respect, support, equality and common sense” and called for these principles to be “embedded” in any new system.
Meanwhile, Enable Scotland, which supports people with learning difficulties, called for a change in rhetoric, stating: “The devolution of parts of the welfare system provides an excellent opportunity to reframe the narrative.
“It has to be clear that the welfare system is about empowering citizens, facilitating participation and recognising everyone’s contribution and value to society.”
Inclusion Scotland said it is “extremely concerned” at some aspects of the draft Scotland Bill relating to the transfer of welfare powers, including the omission of terminal conditions such as cancer in the definition of disabled.
It stated: “The Scotland Bill is drafted in a way that reflects the existing system of, and entitlement to, disability benefits.
“This may, albeit unintentionally, restrict the autonomy of the Scottish Parliament in constructing a new disability benefits system based on empowering disabled people.”
Clare Adamson MSP said: “It is frontline organisations like these which see first-hand the often devastating impact of the Tory’s welfare cuts, so it’s time for David Cameron to sit up and take notice.
“Full powers over welfare should be in Scotland’s hands to allow us to take a new, progressive approach which supports people who need help, rather than punishing them.”
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