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EQIA-TF03 - Residence and Presence

Type of document: Equality Impact Assessment (EQIA)

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Published: June 14, 2022

EQUALITY IMPACT ASSESSMENT RECORD

Title of policy/ practice/ strategy/ legislation etc.
ILF Transition Fund Residence and Presence – TF03

Is this new policy or revision to an existing policy?
New Policy

Screening

Policy Aim

The policy on Residence and Presence, TF03, outlines how an applicant to, or recipient of the ILF Transition Fund must satisfy a residence and presence test which in summary states that an applicant/recipient must be permanently resident in Scotland and must have resided in Scotland for 26 of the previous 52 weeks.

Who will it affect?

The Policy will affect disabled young people aged 16 to 21 who apply unsuccessfully or successfully to the ILF Transition Fund.

What might prevent the desired outcomes being achieved?

There should be no barriers to the policy being implemented.

Stage 1: Framing

Results of framing exercise

A formal co-production group met on six occasions. The group included representatives from: Disabled Peoples Organisations; COSLA; Social Work Scotland; Carers; Voluntary Sector; Scottish Government; ILF Scotland. This group identified issues for disabled people and the funding of their care and support. The group established consensus that the additional funding to be made available to ILF Scotland should be a broad discretionary fund to support disabled people to live independently particularly at critical life stages. The group preferred that in the first instance the fund would have a narrower focus than this broad general aim of the fund. They identified that current unmet need was particularly significant for younger disabled people who are in transition and who may have a level of need below that which would be eligible for statutory support. An additional consideration was the profile of existing ILF Scotland awards going exclusively to individuals over the age of 21 years. The ILF Transition Fund is in some part seen as providing the opportunity to address this imbalance. In their assessment, the group considered available evidence for this policy, including the examination of all submissions received by the Scottish Government in its public consultation exercise on the future of the ILF in Scotland post closure of the UK ILF. ILF Scotland drafted a set of criteria in co-production, so that the needs of this particular group were prioritised for this funding in the first instance, with a view to widening the focus as additional funds become available and/or as priorities change.

Extent/Level of EQIA required

This policy supports the overall aims, objectives and the implementation of the ILF Transition Fund, developed in co- production with disabled people and Disabled Peoples Organisations (DPO). The implementation of this particular policy has only minimal relevance to equality groups and therefore requires only a light touch EQIA.

This policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Transition Fund. There are no circumstances where the Residence and Presence policy will not be fully adhered to when instigated by any person using the ILF Transition Fund. No concerns have been raised by any individual or group involved in the co-production of the ILF Transition Fund.

Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Do you think that the policy impacts disabled people?

Do you think that the policy impacts on men and women in different ways?

Do you think that the policy impacts on women because of pregnancy and maternity?

Do you think your policy impacts on transsexual people?

Do you think that the policy impacts on people because of their sexual orientation?

Do you think the policy impacts on people on the grounds of their race?

Do you think the policy impacts on people because of their religion or belief?

Do you think the policy impacts on people because of their marriage or civil partnership?

Stage 4:     Decision making and monitoring

Identifying and establishing any required mitigating action

If, following the impact analysis, you think you have identified any unlawful discrimination – direct or indirect - you must consider and set out what action will be undertaken to mitigate the negative impact.

Describing how Equality Impact Analysis has shaped the policy making process

This policy has been developed through a genuine process of co- production, which set out to determine how to maximize the impact of available resource to achieve independent living for disabled people. All policy decisions around residence were taken within this context. The overall aim of this policy is to state residence criteria for a new funding stream for disabled young people in Scotland. These criteria were determined following careful analysis of options and wide engagement with stakeholders. The criteria mirrors the previous criteria of the, now defunct, UK ILF residence policy which is based on original DWP benefit entitlement. The working group retained this policy as it is necessary and supportive of young disabled people who move to Scotland. Following implementation, there will be careful monitoring and evaluation of impact, with a view to developing policy and broadening access beyond the initial target group of 16-21 year old disabled people.

The process followed has resulted in policy decisions being made that are intended to produce better outcomes both for disabled people, and their communities. The fund will support activity that is enabling disabled people to be active and participating members of their communities across Scotland, benefiting both the disabled people and those with whom they will engage as a result of this policy development.

Monitoring and Review

Strathclyde University Resource Centre has been commissioned to undertake independent review and evaluation of the impact of this policy and of the new ILF Transition Fund generally. This will commence immediately on implementation of the policy in November 2017.

Stage 5 - Authorisation of EQIA

Please confirm that:

  • This Equality Impact Assessment has informed the development of this policy:

                 Yes

  • Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:
    • Eliminating unlawful discrimination, harassment, victimisation;
    • Removing or minimising any barriers and/or disadvantages;
    • Taking steps which assist with promoting equality and meeting people’s different needs;
    • Encouraging participation (e.g. in public life)
    • Fostering good relations, tackling prejudice and promoting understanding.

                 Yes

  • If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic:

                 Not applicable

Declaration

I am satisfied with the equality impact assessment that has been undertaken for Policy TF03 Residence and Presence.

Name: Margaret Wheatley
Position: Head of Policy*
Authorisation date: 12th November 2017

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