- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Tuesday, 05 September 2017
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Current Status:
Answer expected on 20 September 2017
To ask the Scottish Government what the gender breakdown is of the participants on Social Security Experience Panels, and whether it will publish its equalities monitoring data for the panels.
Answer
Answer expected on 20 September 2017
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 02 August 2017
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Current Status:
Answered by Jeane Freeman on 31 August 2017
To ask the Scottish Government whether the provisions under chapter 4 of the Social Security (Scotland) Bill allow for the recovery of assistance given in error more than five years after that assistance was given.
Answer
Section 6 of the Prescription and Limitation (Scotland) Act 1973 will apply to obligations arising under section 36 of the Bill, which allows recovery of assistance given in error. In general, an obligation to which section 6 of the 1973 Act applies will end 5 years after it becomes enforceable unless, within that 5 year period, steps have been taken to enforce the obligation or the person who owes it has acknowledged its existence.
The general effect will be that overpaid assistance will not usually be recoverable after 5 years, unless Ministers were misled into making the overpayment. This significantly reduces the period of 20 years, that currently applies to recovery of DWP benefits. Whether recovery of an overpayment is pursued in practice will depend on the facts and circumstances of each particular case.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 02 August 2017
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Current Status:
Answered by Jeane Freeman on 30 August 2017
To ask the Scottish Government what access the Scottish social security agency will have to entitlement data for reserved benefits that are paid by the Department for Work and Pensions, and whether it has sought an agreement with the UK Government on sharing such information.
Answer
A legal basis for DWP giving data to the Scottish Government (and vice-versa) is provided by section 34 of the Scotland Act 2016. We are currently involved in on-going discussions with DWP officials around data sharing to determine where we need to put in place data sharing agreements. Each of the devolved benefits requires separate consideration as different information may be needed to support the administration of each benefit. All data sharing will be undertaken in line with the General Data Protection Regulation, which will come into force from 25 May 2018.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 02 August 2017
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Current Status:
Answered by Jeane Freeman on 30 August 2017
To ask the Scottish Government whether the Social Security (Scotland) Bill provides for a person to (a) request a redetermination of and (b) appeal against deductions from devolved assistance where it has been determined that assistance has been provided in error.
Answer
Paragraph 251 of the Policy Memorandum sets out that where agreement cannot be reached with an individual about recovery of an overpayment, the agency may implement a schedule of repayment from future payments of assistance.
Where assistance has been provided in error and Scottish Ministers have imposed deductions from future devolved assistance, this will be part of a determination on the basis of on-going entitlement under Section 34 of the Bill. Individuals will have a right to (a) request a redetermination of that decision, under Section 23 of the Bill, and (b) an appeal to the First-Tier Tribunal, under Section 27.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 02 August 2017
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Current Status:
Answered by Jeane Freeman on 25 August 2017
To ask the Scottish Government what it considers the “steps to recover the debt” will be to recover assistance given in error, which is referred to in paragraph 61 of the Explanatory Notes for the Social Security (Scotland) Bill.
Answer
Detailed operational policy development is still on-going. However, paragraphs 259 to 263 of the Policy Memorandum that accompanies the Bill outline the high level recovery process that is envisaged.
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Current Status:
Withdrawn
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Monday, 31 July 2017
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Current Status:
Answered by Jeane Freeman on 15 August 2017
To ask the Scottish Government whether a person entitled to assistance as proposed under Chapter 2 of the Social Security Bill will have a right to choose if this assistance is given solely in the form of money.
Answer
Chapter 2 of the Social Security (Scotland) Bill provides, as a standard wording for all types of assistance, that assistance may or may not take the form of money. While the Scottish Government is exploring what alternatives to cash might be offered in the future, people will always have a choice to receive assistance solely in the form of money.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 02 August 2017
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Current Status:
Answered by Jeane Freeman on 15 August 2017
To ask the Scottish Government, further to the answers to questions S5W-10102 and S5W-09096 by Jeane Freeman on 31 July and 8 May 2017, whether it will answer the question regarding which section of the Social Security (Scotland) Bill ensures that, in the disability assistance assessment model, "there will be no contracting with the private sector"; for what reason its previous answers did not respond to this specific question, and whether it will confirm whether this issue is explicitly provided for in the bill.
Answer
I made a clear commitment in Parliament on 27 April that profit making companies will not be involved in delivering assessments for disability benefits once devolved to Scotland. This was also stated on 8 May 2017 through S5W-09096.
The Commitment I have made in this regard can be delivered, in full, without express provision in the Bill. The Social Security Bill has now been introduced to Parliament for appropriate scrutiny as we proceed to stage 1 of the Bill process following the summer recess period.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 13 July 2017
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Current Status:
Answered by Jeane Freeman on 31 July 2017
To ask the Scottish Government, in light of it having the power to top up reserved benefits, for what reason the delegated powers memorandum for its Social Security Bill states that "Ministers wish the rate at which Carer’s Allowance is paid to match the rate of Jobseeker’s Allowance, but do not have powers to increase its rate, other than to uprate it for inflation".
Answer
Now that legislative competence has been transferred to the Scottish Parliament, Carer’s Allowance is no longer a reserved benefit that Scottish Ministers can top up by using the power provided at section 24 of the Scotland Act 2016. Instead, the Bill provides for a Carer’s Allowance supplement, using the powers provided for under section 22 of that Act, to increase that allowance to the level of Job Seekers Allowance at the earliest opportunity.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Monday, 03 July 2017
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Current Status:
Answered by Jeane Freeman on 31 July 2017
To ask the Scottish Government, in light of the statement by the Minister for Social Security on 27 April 2017 (Official Report, c. 46), which section of the Social Security (Scotland) Bill ensures that, in the assessment model, "there will be no contracting with the private sector".
Answer
I refer the member to the answer to question S5W-09096 on 8 May 2017. 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