A Consultation On Replacing The UK Government's Industrial Injuries Scheme In Scotland

1st May 2024

A consultation on replacing the UK Government's Industrial Injuries Scheme in Scotland has been launched.

Views are sought on how the Scottish Government's planned Employment Injury Assistance should be delivered and on the next steps for introducing this benefit.

The consultation is the first step in considering how the replacement benefit can better meet the needs of the modern workforce and be more reflective of occupational health and employment.

Cabinet Secretary for Social Justice Shirley-Anne Somerville said:

"The Industrial Injuries Scheme was introduced in 1948 and it does not account for many of the injuries and diseases common in the modern workforce.

"We know that the outdated eligibility criteria for the Industrial Injuries Scheme does not account for the injuries and illnesses that are most likely to affect people today. This is especially true for women, young people, and people from an ethnic minority group.

"We want to hear a broad range of views on the approach we should take to delivering Employment Injury Assistance, and I would encourage individuals and stakeholders to respond to our consultation."

The consultation will run for 8 weeks and will close on 24 June 2024.

Overview
Since April 2020, the Scottish Government has been responsible for the Industrial Injuries Scheme in Scotland. This Scheme, which provides financial support to those who have become disabled or have developed a long-term health condition as a result of their employment, is currently delivered by the Department for Work and Pensions (DWP) under an agency agreement. That agreement, which currently runs to the end of March 2026, ensures people continue to receive the payments they are entitled to without any disruption.

The Scottish Government has committed to replacing the UK Government's Industrial Injuries Scheme with a new benefit called Employment Injury Assistance to be delivered by Social Security Scotland. Due to the Covid-19 pandemic it has taken longer than initially intended to decide how to take this forward. In addition, delivery of other new benefits has been prioritised, like the brand-new Scottish Child Payment, and Adult Disability Payment, our replacement for the UK Government benefit Personal Independence Payment.

This consultation paper provides an overview of the benefits that make up the Industrial Injuries Scheme and the unique complexities and challenges of transfer to the Scottish Government. The paper explains why it would not be possible to quickly deliver a new and modernised benefit and outlines the options and next steps as we work toward meaningful reform and delivery in the long-term. Views are sought on the approach to delivery and proposed next steps.

Formal consultation on the design and implementation of a fully reformed and modernised Employment Injury Assistance will be undertaken in due course, including consideration around a potential replacement for the UK Government’s Industrial Injuries Advisory Council (IIAC). When decisions have been taken about immediate next steps, a stakeholder advisory group will be established to guide future work.