Questions and answers

Question reference: S5W-22263

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 19 March 2019
Current Status: Answered by Shirley-Anne Somerville on 28 March 2019

To ask the Scottish Government what discussions it has had with COSLA regarding the recognition of short-term assistance for the purposes of ensuring continuity of the passported entitlements that local authorities control during the period when short-term assistance is paid.

Question reference: S5W-22247

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 19 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government for what reason its consultation on disability assistance does not invite a response to its proposals regarding (a) fluctuating conditions, (b) the rate of benefits, (c) access to accessible vehicle leases and equipment and (d) appointees.

Question 64 of the Disability Assistance consultation requests any further comments consultees wish to make relating to Disability Assistance not specifically covered by the consultation document. This question allows consultees to provide any comments on areas they have not had the opportunity to provide.

(a) Information relating to fluctuating conditions is connected to the section on Duration of Awards and is covered within this area of the consultation document.

(b) We do not intend to change the rates of benefits for all forms of Disability Assistance and therefore are not asking any specific questions on this.

(c) We have set out in the section on Access to Accessible Vehicle Leases and Equipment that we intend to ensure that there will be an equivalent Scottish scheme in place in advance of the delivery of Disability Assistance. Based on the 2016 consultation we know that users of the current service are supportive of this approach. We therefore did not ask any specific questions on this.

(d) The rules on appointees are set out by The Social Security (Scotland) Act 2018.

Question reference: S5W-22265

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 19 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government whether an individual will have an absolute right to a home assessment for disability assistance in the event that they request one as a result of Social Security Scotland having determined that a face-to-face assessment is required.

Question reference: S5W-22090

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 14 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government, in light of the comment in its duration of awards and automatic entitlement for disability assistance policy position paper that, "There may be occasions where Social Security Scotland needs to instigate a review before the indicated award review date. Although these occasions are anticipated to be rare they would include where information is provided to Social Security Scotland that suggests the client’s circumstances have changed", what protections will be in place to ensure that a person who is entitled to social security does not have their case reviewed as a result of malicious complaints.

Social Security Scotland is under an obligation to protect public funds. When an allegation is made, there may be no way of knowing whether it has been done with malicious intent. All investigations will therefore be carried out under a presumption of innocence.

Where evidence gathered during an investigation shows there is substance to an allegation, an individual will always be given an opportunity to explain the circumstances before any further action is taken. A review of entitlement would only be undertaken if evidence suggested that it was necessary.

Question reference: S5W-22070

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 12 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government, further to the statement in its position paper on Cold Spell and Winter Heating Assistance (WHA) that "We propose this WHA payment is consistent with the current Winter Fuel Payments made by the UK Government at £200", whether WHA will differ from the current Winter Fuel Payment scheme regarding payments of (a) £300 to someone who is over 80 and lives alone, (b) £200 to someone who is under 80 and lives with someone who also gets Pension Credit, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance or Income Support and (c) £300 to someone who is over 80 and lives with someone who also gets Pension Credit, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance or Income Support.

Question reference: S5W-22069

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 12 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government, further to the statement in its position paper on Cold Spell and Winter Heating Assistance (WHA) that "We propose this WHA payment is consistent with the current Winter Fuel Payments made by the UK Government at £200", whether WHA will differ from the current Winter Fuel Payment scheme regarding payments of (a) £100 to someone who is under 80 and lives (i) with someone under 80 who also qualifies, (ii) with someone over 80 who also qualifies and (iii) in a care home and does not get certain benefits, (b) £200 to someone who is over 80 and lives with someone under 80 who also qualifies and (c) £150 to someone who is over 80 and lives (A) with someone over 80 who also qualifies and (B) in a care home and does not get certain benefits.

Question reference: S5W-22045

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 12 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government whether light-touch reviews will be part of the assessment process for disability assistance for older people.

The Consultation on Disability Assistance in Scotland, which launched on 5 March 2019, set out our policy proposals around Disability Assistance for Older People, light-touch reviews and assessments.

We do not intend to conduct face to face assessments for Disability Assistance for Older People, unless there are exceptional circumstances. Across the different forms of Disability Assistance, we will use an approach that is supportive, person-centred and minimises stress and anxiety. It is anticipated that light-touch reviews will be carried out by Social Security Scotland without having to see the person in the majority of cases.

Question reference: S5W-22080

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 12 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government, in light of the statements in its position paper on devolved social security transfer that "no-one will be subject to a face to face re-assessment by DWP when new claims for PIP/Disability Assistance for Working Age People are open", whether anyone will be subject to a face to face re-assessment by Social Security Scotland when new claims for this assessment are open.

We remain committed to significantly reducing the number of assessments and reassessments carried out for individuals making a new application for Disability Assistance for Working Age People (DAWAP). The detailed design of DAWAP is ongoing and will aim to ensure that individuals will only be required to attend a face to face assessment or reassessment when there is no other practicable way to obtain the information required to make a decision.

Question reference: S5W-22082

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 12 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government, in light of the statement in its Social security case transfer: policy position paper, that "We expect to complete the case transfer by 2024... This will be subject to DWP agreeing to match our pace", whether the expected 2024 completion date is liable to delay if the DWP does not agree to its case transfer proposal; when it first sought the DWP's agreement to the 2024 completion date, and when it expects to reach agreement with the DWP.

The Scottish Government has been discussing the arrangements for safe and secure case transfer with DWP since June 2018. We are committed to working with existing benefit recipients and stakeholder organisations to ensure that we do not repeat the mistakes of previous benefit transfers. We will conduct further research with those with lived experience of the benefits system and with stakeholders and will use this to inform joint work between both governments on our overall approach to case transfer. The delivery of devolved social security is a joint project between Scottish Government and UK Government. It is critical that DWP is able to match our pace of delivery in order to achieve the delivery dates announced in our recent Wave 2 statement, including case transfer.

Question reference: S5W-22071

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 12 March 2019
Current Status: Answered by Shirley-Anne Somerville on 26 March 2019

To ask the Scottish Government, further to the statement in its position paper on Cold Spell and Winter Heating Assistance (WHA) that "We propose this WHA payment is consistent with the current Winter Fuel Payments made by the UK Government at £200", whether WHA will only be paid at a rate of £200.

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