- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Friday, 22 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 2 April 2019
To ask the Scottish Government, in light of its statement that it "will establish a timescale of between 40 and 60 working days for a re-determination of Disability Assistance", what its response is to the answer to written question 232059 lodged at the UK Parliament, which states that, between June and October 2018, the median number of calendar days for a personal independence payment mandatory reconsideration to be cleared was between 32 and 36.
Answer
Re-determinations and DWP mandatory reconsiderations involve different processes. In our system, a re-determination means that Social Security Scotland will make a fresh determination carried out by a different officer, taking any new evidence into account, which replaces the earlier determination.
The Scottish Government is focused on building a fairer, rights based appeals system that responds to the needs and views of people who receive benefits. Short-term Assistance will be available where a continuing entitlement has been reduced or stopped and that decision is subject to a re-determination or appeal. This will ensure that individuals will not have to manage on a reduced income for a period. We are currently consulting on the timescales for re-determinations for disability assistance and will review our position in light of the responses to the consultation.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 21 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 2 April 2019
To ask the Scottish Government, further to the answer to question S5W-22087 by Shirley-Anne Somerville on 20 March 2019, what the working age client data was.
Answer
The Department for Work and Pensions (DWP) is responsible for the administration of Severe Disablement Allowance and has shared specific information on this on a confidential basis.
You can access data published by DWP about SDA at https://www.gov.uk/government/organisations/department-for-work-pensions/about/statistics .
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 14 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 1 April 2019
To ask the Scottish Government, in light of the comments in its disability assistance qualifying periods policy position paper, what advice it received to support the assertion that "There is also a risk that, should eligibility rules diverge significantly from current DWP rules, Disability Assistance may not continue to be recognised as ‘like for like’ for passporting purposes"; how this related to changing the qualifying periods for disability assistance; who provided this advice, and whether it will publish it.
Answer
I refer the member to the answer to question S5W-22100 on 20 March 2019. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 21 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 29 March 2019
To ask the Scottish Government, in light of its consultation on disability assistance, with regard to duration of awards, what mechanism it will use to agree a timeframe to consider the impact of a condition where a person has a fluctuating condition.
Answer
Guidance on decision making timeframes is being developed for Social Security Scotland case managers. The guidance will set out how decisions will be reached by case managers, using a person-centred approach.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 21 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 29 March 2019
To ask the Scottish Government, in light of its consultation on disability assistance, with regard to duration of awards, how it defines "significant development milestones" and the conditions under which these would occur, and which of these would require children to be reviewed in exception to the rule that it will introduce a "rolling award".
Answer
Through advice from clinical experts, significant developmental milestones for children will be defined within guidance being developed for Social Security Scotland case managers. The guidance will set out where exceptions to the Scottish Government policy on award duration apply.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 21 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 29 March 2019
To ask the Scottish Government, further to the answer to question S5W-22046 by Shirley-Anne Somerville on 20 March 2019, for what reason the estimate is lower than the August 2018 Scotland Attendance Allowance (a) cases with entitlement caseload of 146,201 and (b) case in payment caseload of 126,200.
Answer
From the point that Disability Assistance for older people is launched there will be no new Attendance Allowance cases. The caseload to be migrated will therefore reduce as clients cease to claim the benefit prior to the cases being transferred.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 21 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 29 March 2019
To ask the Scottish Government, further to the answer to question S5W-22047 by Shirley-Anne Somerville on 20 March 2019, for what reason its social security position papers and consultation on disability assistance do not detail, or refer to, its plans for a Scottish version of Disability Living Allowance for people over 65.
Answer
The Disability Assistance consultation is focussed on the new benefits we will be introducing in Scotland. People over 65 applying for Disability Assistance for the first time will not be able to apply for Disability Living Allowance and as outlined in the consultation paper, will apply for Disability Assistance for Older People. Scottish people over 65 already receiving Disability Living Allowance, will be transferred to the Scottish Government as outlined in the policy position paper published on Case Transfer.
The policy paper can be found here: https://www.gov.scot/publications/social-security-case-transfer-policy-position-paper/pages/1/ .
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 21 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 29 March 2019
To ask the Scottish Government, in light of its consultation on disability assistance, whether access to accessible vehicle leases and equipment will be maintained in the event of a continuing payment being (a) reduced, (b) stopped, (c) subject to a challenge or re-determination and (d) awaiting a determination from the First-tier Tribunal, and whether the value of the access would be non-recoverable.
Answer
The Scottish Government will introduce Short-Term Assistance (STA) which will be available to clients who have an award reduced or stopped as a result of an entitlement decision and will ensure they will continue to be paid the full value of their assistance, where they have challenged the decision. If they are a customer of the Accessible Vehicle and Equipment Scheme and they are in receipt of STA, they will continue to be eligible to access the scheme until at least the conclusion of their challenge. This is, however, subject to HMRC and HM Treasury agreement to extend relevant tax exemptions to clients in receipt of STA. The assistance will not be recoverable, regardless of whether or not the challenge of the initial decision was upheld.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Friday, 22 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 29 March 2019
To ask the Scottish Government, further to the answer to question S5W-22084 by Shirley-Anne Somerville on 21 March 2019, whether the proportion of face-to-face assessors trained to conduct the assessments for individuals whose primary disabling condition is a mental health condition or learning disability will be equivalent to the same proportions of the current caseload, which has those primary disabling conditions.
Answer
As stated in the answer to question S5W-22084, the Scottish Government will undertake modelling to determine the proportion of assessors who will be required to undergo specialist training.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 21 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 29 March 2019
To ask the Scottish Government, further to the answer to question S5W-22100 by Shirley-Anne Somerville on 20 March 2019, whether it will provide the information that was requested regarding whether, during the discussions, the DWP advised that change would threaten eligibility for reserved passported benefits, and, if so, on what date.
Answer
I refer the member to the answer to question S5W-22100 on 20 March 2019. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx ' /.