- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 08 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government how it will limit the use of guidance as the basis for processing and determining applications and redeterminations of disability assistance.
Answer
I refer the member to the answer to question S5W-23033 on 16 May 2019. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at .
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 08 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government what information it has regarding how many (a) complaints, (b) compliments and (c) suggestions have been received by Social Security Scotland, broken down by the main themes of this feedback.
Answer
The number of complaints, compliments and suggestions including the main themes, received by Social Security Scotland up until the period 31 March 2019 will be published as part of the Social Security Scotland Performance statistics to be published on 17 June 2019 and pre-announced at: .
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 08 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government whether it will list the reserved case law on disability benefits that it considers relevant to disability assistance as currently proposed.
Answer
I refer the member to the answer to question S5W-23032 on 16 May 2019. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at .
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 08 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government what analysis of reserved disability benefit (a) legislation, (b) regulations, (c) guidance and (d) case law Parliamentary Counsel has conducted for the purposes of incorporating those rules into Scots law.
Answer
Legislative provision for disability benefits being devolved to Scotland will be detailed in secondary legislation. The drafting of which will take account of all relevant legislation, regulations, guidance and case law.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 08 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government whether the primary focus for the (a) conditions of entitlement, (b) definition of terms and (c) processes for determining entitlement for disability assistance will be in regulations or guidance for disability assistance.
Answer
The Scottish Government will consider the appropriate balance between guidance and regulations in setting out the rules relating to entitlement, definitions of terms and processes.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 02 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government whether it is anticipates that the social security programme will require an in-year budget revision and, if so, for what reason.
Answer
Sufficient financial resource has been allocated through the budget process to fund the Social Security programme’s delivery plans. The original estimate for spend in 2019-20 was based on an initial set of assumptions in summer 2018. These were reviewed through the autumn in the Scottish Government’s budget-setting process, and we will continue to refine the programme’s budgetary requirements for the year in line with the refresh of the Programme Business Case supporting Wave 2. If any changes are required this would be actioned through the Spring Budget Revision.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 08 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government whether it will request from the DWP, under its agency agreement, how many people who had entitlement to carer's allowance have sought an appeal of a decision to (a) supersede, (b) suspend or (c) terminate that entitlement as a result of them (i) entering full-time education, (ii) earning or having an income greater than the earnings limit or (iii) no longer caring for 35 hours per week and being unsuccessful at mandatory reconsideration, broken down by the (A) year the decision was made and (B) outcome of that appeal.
Answer
I refer the member to the answer to question S5W-23045 on 16 May 2019. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at .
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Tuesday, 07 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government what the anticipated points of contact are in the process of requesting a social security redetermination, and whether it will publish a flowchart of these.
Answer
Social Security Scotland (the Agency) currently provide re-determination rights for all appealable benefits under the Social Security Act 2018. Clients can request this either by phone or completion of the re-determination form provided with first determination letters. There are at least four contact points between the client and the agency during this process.
The process is described on the mygov website: .
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Tuesday, 07 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government whether short-term social security assistance will be made available as soon as a request for a social security redetermination is first communicated to the agency or once the completed redetermination request is submitted in full.
Answer
Section 36 of the Social Security (Scotland) Act 2018 provides that Short-term Assistance will be available once a request for a re-determination or an appeal is made. This is considered to be when the individual has submitted the re-determination or appeal form.
We are currently consulting on our proposals for STA, as part of the consultation on Disability Assistance, to inform the detailed design and operation of how it will operate.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Tuesday, 07 May 2019
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Current Status:
Answered by Shirley-Anne Somerville on 16 May 2019
To ask the Scottish Government whether entitlement for short-term assistance will exist for the period immediately after a new social security determination is made and up to the request for a redetermination or an appeal is made, and, if entitlement will exist for this period, whether the assistance will only be made available or payable after the request for a redetermination or an appeal is made.
Answer
Section 36 of the Social Security (Scotland) Act 2018 provides that Short-term Assistance will be available once a request for a re-determination or an appeal is made. In line with a rights based approach, Short-term Assistance will only be made available once the agency knows the individual wishes to receive it.