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Devolution question over plan to link welfare benefits to treatment

27 March 2008

CONTROVERSIAL UK Government proposals to force people with drugs problems to “move successfully” through treatment and into work in order to receive benefit payments will have to be negotiated with the Scottish Government, it has emerged.

The strand of the Westminster Government’s newly-launched 10-year drug strategy which aims to link drugs treatment and welfare benefits is being led by the Department of Work and Pensions (DWP) which has a national UK remit, and the Department of Health, which has responsibility for the treatment element of the new approach in England only.

This means that in Scotland, which has devolved powers in health, agreement will have to be secured between the DWP and Scottish Health Ministers on a process which would see people with drug problems claiming benefit being referred to treatment in order to receive payment.

Under the new measures, drug users claiming out-of-work benefits will be required to attend a discussion with a specialist treatment provider as part of the Jobseeker Direction or Work Focused Interview requirements.

The UK Government says it will also be “urgently” exploring the case for introducing a new regime for drug users to provide more personalised support than the Incapacity Benefit or Jobseekers Allowance regimes – and in return for benefit payments these will put responsibility on claimants to move successfully through treatment into employment.

It also wants to encourage closer links between relevant agencies so that people with drug problems who are claiming benefits can be referred to specialist services.

In her foreword, Home Secretary Jacqui Smith says that “drug users have a responsibility to engage in treatment in return for the help and support available.

“We do not think it is right for the taxpayer to help sustain drug habits when individuals could be getting into treatment to overcome barriers to employment.”

Further proposals will be announced regarding these new measures.   However, according to a report in the print issue of The Guardian on 27 February 2008, the DWP sanctions specify that the first time someone fails to turn up (for treatment) will result in a two week benefit cut, the second time a four-week cut and a third offence will lead to their benefits being stopped for 26 weeks.

The Scottish Government’s response to the new measures are bound to be watched carefully, given its stated determination to tackle what it says are the root causes of crime and social problems in Scotland - chiefly drink, drugs and deprivation.

In its recently published discussion document on Tackling Poverty, Inequality and Deprivation in Scotland, nearly one in five people – 880,000 – were identified as living in relative poverty, including children and working age adults in working families.

The Scottish Government says it wants to improve employability but also to promote benefit take-up to ensure that people entitled to benefits and tax credits maximise their incomes

In the discussion document, it states: “We also want to look ahead at the potential for fiscal action to reduce inequality and help lift people out of poverty if further devolution of powers from Westminster - and ultimately independence, as proposed under the National Conversation - brings greater powers to the Scottish Parliament.”

                                                                 pledge

The SNP administration has also made a pledge within its Economic Strategy to influence the UK
Government to “ensure welfare reform addresses Scotland’s social equity issues”. UK welfare reforms
underway move benefit claimants from being “passive recipients” to “active jobseekers”.

The Home Office’s drugs website (www.drugs.gov.uk), states that the devolved administrations of Scotland, Wales and Northern Ireland have put in place drug and substance misuse strategies which both mirror and complement the UK Drug Strategy, but which are tailored to the particular circumstances of each country.

It says that the (UK) Government is committed to reducing the harm caused by drug misuse throughout the UK. However, in areas where responsibility has been devolved, it recognises the powers of devolved
administrations to address the problems of drug misuse as they see fit.

                                                                  concern

David Liddell, Director of Scottish Drugs Forum, said: “In common with several English-based drug charities, I am deeply concerned about the wisdom of this move to link treatment with benefits.

“Coercing people into services will be a waste of time, money and resources if the people are not ready or unable through no fault of their own to “move successfully” through treatment – whatever that means – and is likely to lead to more crime being committed if their benefits are cut.

“It is true that retention rates in treatment can be low but that’s not always the fault of the user – it can because the service is of poor quality and failing to meet the users’ needs. Jobs are also not that easy to find for people with or with recent histories of problem drug use.

“This particular strand of the Westminster drug strategy is a blot on what is an otherwise very encouraging document. It creates - as it should - a new focus on more flexible and individualised treatment for people, an early intervention and whole-family approach to families where parents have drugs problems, and pledges work towards packages of support for people leaving treatment to access housing, education, training and employment.”