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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-22309

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 21 March 2019
Current Status: Answered by Shirley-Anne Somerville on 29 March 2019

To ask the Scottish Government, further to the answer to question S5W-22077 by Shirley-Anne Somerville on 20 March 2019, how any remaining working age Disability Living Allowance cases will be handled for the purposes of transfer; what form of disability assistance these cases will be transferred to, and at what stage of the process these cases will be transferred from 2021.

I refer to the previous answer to S5W-22077. As DWP have not confirmed how many working-age people in receipt of Disability Living Allowance will not have been migrated to Personal Independence Payment at the date of transfer of Executive Competence, we cannot confirm how many working age Disability Living Allowance cases will be handled for the purposes of transfer. We are still formulating policy if DWP do not complete the migration of working age Disability Living Allowance by the date of transfer of Executive Competence, and are still in discussions with DWP. As noted in my social security statement on 28th February I will "report back to Parliament once discussions are more advanced".

Question reference: S5W-22305

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 21 March 2019
Current Status: Answered by Shirley-Anne Somerville on 29 March 2019

To ask the Scottish Government, further to the answer to question S5W-22099 by Shirley-Anne Somerville on 20 March 2019, whether it will provide the information that was requested regarding what evidence it received that demonstrated that changing the qualifying periods for disability assistance would cause people entitled to disability assistance to experience "confusion and disruption"; who provided this advice, and whether it will publish it.

Question reference: S5W-22307

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 21 March 2019
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, how many of the older people included in the estimate are Attendance Allowance cases (a) with entitlement and (b) in payment, and whether older people who are entitled to but not receiving Attendance Allowance will be transferred to disability assistance for older people.

The forecast of 89,800 provided in response to question S5W-22046 included cases in payment and with entitlement. We do not have forecasts which separately model the off flow in cases between "with entitlement” and “in payment” for existing cases to be transferred. I can confirm that older people who are entitled to Attendance Allowance but are not in payment will be transferred to disability assistance for older people.

Question reference: S5W-22266

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 whether an individual can seek a re-determination or review of a decision of Social Security Scotland not to provide a home assessment.

The circumstances outlined in the Consultation on Disability Assistance in which the Agency may invite a person for a face to face assessment are consistent with section 14 of the Social Security (Scotland) Act 2018. The circumstances outlined in the consultation are those where an assessment may be the only practical way to obtain information. The approach outlined in the document has been informed by previous consultation and it is supported by advice from the Disability and Carers Expert Advisory Group. 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.

Question reference: S5W-22237

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 21 March 2019
Current Status: Answered by Shirley-Anne Somerville on 28 March 2019

To ask the Scottish Government, in light of its consultation on disability assistance, whether it plans to produce a list of the types of supporting information that will be considered and, if so, whether this will be inclusive rather than exhaustive.

Question reference: S5W-22244

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 21 March 2019
Current Status: Answered by Shirley-Anne Somerville on 28 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 determine whether a person is likely to have a significant change in their needs in order to set a review point, and whether a person will be entitled to request a re-determination of the decision to set a review point in isolation.

Question reference: S5W-22223

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, further to its comments in its consultation on disability assistance regarding Social Security Scotland's ability to use face-to-face assessments in prescribed circumstances for the determination of disability assistance for working age people, for what reason it has not requested specific feedback on this list of circumstances in its consultation; how it plans to manage the agency's freedom to decide where a face-to-face assessment is required, and how it will consult in further detail on the agency's proposed use of this power.

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.