Slide 1: Devolution in Scotland
Increased responsibilities, increased
challenges
Paul Spicker
Slide 2: Scotland in the United Kingdom
The unitary state
 The sovereignty of Parliament
 The powers of the Scottish Parliament
 Reserved powers and ‘competence’
o responsible parking
o the powers of local authorities
o the Social Fund
 The reservation of social security
Scotland’s new powers
A ‘permanent’ Scottish Parliament
 Some powers over tax
 Some powers on benefits
 More say on public bodies
 More powers on road transport
 Some powers on energy production
Slide 3: The “no detriment” principle
Smith Commission
 No detriment as a result of transferring powers
 No detriment as a result of UK Government or Scottish Government
policy decisions post-devolution
From The White Paper
“... if the Scottish Government changes income tax in Scotland, this will
have a direct impact on the level of benefits that the UK Government will
be liable to pay. Under this ‘no detriment’ principle, the Scottish
Government would receive any savings from lower UK Government
benefit spending or meet any costs of higher UK Government benefit
spending.”
Slide 4: The draft clauses
Clause 16 –
 Disability: Benefits for ‘significant’ long-term functional impairment or
care needs
 Carers: Benefits for unemployed carers
 Industrial Injury: IIB excluding prescribed industrial diseases
Clause 17 - Regulated Social Fund
Clause 18 - Discretionary benefits (Scottish Welfare Fund)
Clause 19 - Discretionary Housing Payments
Clause 20/21 - Universal Credit: payments and timing
Clause 22 - Employment programmes: for disability or long term
The proposed categories of exception are:
1. Disability benefits (including industrial injuries benefits)
2. Carers benefits
3. Social work services (existing exceptions, including provision for
social welfare, disability and child care)
4. Maternity, funeral or heating expenses
5. Discretionary payments (such as the Scottish Welfare Fund)
6. Special assistance to people leaving care or homeless
7. Discretionary Housing Payments
Slide 5: Translating the Smith Commission
The Smith Commission
The White Paper
New benefits in devolved areas
New benefits in devolved areas ‘of
welfare responsibility’
Benefits for ‘significant’ long-term
functional impairment or need for
care
Benefits for unemployed carers of
working age’ not in education
Universal Credit:
Benefits for disables people and
those who are ill
Benefits for carers
Universal Credit:
Frequency
Direct payments
Industrial Injuries Disablement
Allowance
Cold Weather and Winter Fuel
Payment
Topping up reserved benefits
Timing of payments
To whom paid
IIB excluding prescribed industrial
diseases
Cold Weather Payments
Additions to Housing Benefit
Slide 6: Increased responsibilities?
 The central principle of devolution: Everything is initially forbidden
 The “no detriment” principle: Scotland will pay for any variation
 The White Paper: The clauses devolve potential responsibility for
defined benefits rather than devolving powers
 The “parity” principle in Northern Ireland: Devolved powers do not
mean devolved control