Carer Support Payment: child rights and wellbeing impact assessment

Wider context

This CRWIA should be read in conjunction with the other impact assessments:

• Equality Impact Assessment (EQIA)
• the Business and Regulatory Impact Assessment (BRIA)
• Data Protection Impact Assessment (DPIA)
• Fairer Scotland Duty Assessment (FSDA)
• Islands Communities Impact Assessment (ICIA).

United Nations Convention on the Rights of the Child (UNCRC)

The policy intent has been assessed against the relevant UNCRC articles:

• Article 3 (best interests of the child): The best interests of the child must be a top priority in all decisions made by administrative authorities or legislative bodies. Social Security Scotland has been developed around the principles of dignity, fairness and respect, transparent decision making, a person-centred approach and rooted in the belief that social security is a human right. Carer Support Payment is available to carers from age 16. It aims to widen eligibility and promote benefit take-up to tackle poverty as well as improve how support is provided to carers and make links to wider services. Carer Support Payment will also be paid to people providing unpaid care for people who are 18 and under and the design of the benefit takes into account the rights and interests of the person being cared for.
• Article 4 (social, economic and cultural rights): Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights. Carer Support Payment officials are engaging with a variety of stakeholders throughout the development of the benefit to ensure it is accessible to all in Scotland, regardless of social, economic and cultural backgrounds.
• Article 6 (right to life): Parties shall ensure to the maximum extent possible the survival and development of the child. Governments must make sure that children survive and develop in the best possible way. Carer Support Payment will improve how support is provided to carers and design systems that work for them, including processes that treat people fairly, with dignity and respect, and making links from Social Security Scotland to wider carer support.
• Article 12 (respect for the views of the child): Every child has the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. Policy officials have worked alongside Experience Panels and user researchers, who have engaged with young carers and those with experience of the current benefit system to better understand their views and experiences and how Carer Support Payment can work better for them.
• Article 13 (freedom of expression): Every child must be free to express their thoughts and opinions and to access all kinds of information, as long as it is within the law. Information on Carer Support Payment will be made available and promoted to children and young people through regular social media channels, Social Security Scotland Local Delivery services and advice services.
• Article 17 (access to information): Ensure that children have access to information and material from a diversity of sources, especially those aimed at the promotion of his or her social, spiritual wellbeing, physical and mental health. It is intended that information and access to Carer Support Payment will be available in a variety of formats, including but not limited to, leaflets, information included within decision notifications, telephone and online. All published documentation will be available in easy read summaries. Policy officials will also continue to engage at the Young Carer Festival and look for any new ways to ensure children and young people have access to information on Carer Support Payment.
• Article 18 (parental responsibilities and state assistance): Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by creating support services for children and giving parents the help they need to raise their children. This is also relevant to support services for children where parents may require help in raising a child. Carer Support Payment will provide financial support to carer households from which children and young people will directly or indirectly benefit. Additional financial support will be provided through passporting to Carer’s Allowance Supplement. Work is also underway to provide information and signposting to wider carer support.
• Article 23 (children with a disability): A child with a disability has the right to live a full and decent life with dignity and, as far as possible, independence and to play an active part in the community. Governments must do all they can to support disabled children and their families. Carer Support Payment is being designed with the people who will use it, so it works for them, and to work consistently with the devolved disability benefits. Work will be ongoing to ensure continuous improvement of the new benefit and to address any unintended consequences should these be identified.
• Article 26 (Social Security): Every child has the right to benefit from Social Security. Governments must provide social security, including financial support and other benefits, to families in need of assistance. Carer Support Payment aims to provides income for unpaid carers in recognition of their vital role and its impact on their lives. The Scottish Government will provide stability and support through signposting and service join up to ensure carers have a positive experience of the social security system, and to maximise carers’ take-up of all support available to them.
• Article 28 (right to education): Every child has the right to an education. It is intended that by reducing the current Carer’s Allowance education restrictions, more carers can remain in education and access financial support through entitlement to Carer Support Payment allowing them the right to education, while safeguarding against incentives to leave education to provide care.
• Article 31 (leisure, play and culture): Every child has the right to relax, play and take part in a wide range of cultural and artistic activities. Carer Support Payment aims to provide more financial stability for caring households through increased eligibility and by the future change proposals which include increasing the earnings threshold to allow carers to work, earn more and still retain entitlement. This should increase household incomes and help support access to leisure and cultural activities.
• Article 42 (knowledge of rights): Governments must actively work to make sure children and adults know about the Convention. Scottish Government have established a working group to assist in developing guidance and support materials for public authorities and those undertaking functions of a public nature to implement and embed Children's Rights in all Public Services.

We consider that of the eight wellbeing indicators (Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, Included) set out in the Children and Young People (Scotland) Act 2014, this policy relates to:

• Healthy: Having the highest attainable standards of physical and mental health, access to suitable healthcare and support in learning to make healthy, safe choices.
• Achieving: Being supported and guided in learning and in the development of skills, confidence and self-esteem, at home, in school and in the community.
• Active: Having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home, in school and in the community.
• Respected: Having the opportunity, along with carers, to be heard and involved in decisions that affect them.
• Responsible: Having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision, and being involved in decisions that affect them.
• Included: Having help to overcome social, educational, physical and economic inequalities, and being accepted as part of the community in which they live and learn.