- 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, in light of its consultation on disability assistance, what consideration it has given to a person electing to apply under a system of automatic entitlement to assistance.
Answer
Based on advice from the Disability and Carers Benefits Expert Advisory Group, our Experience Panels and stakeholders, we have decided not to introduce automatic entitlement to disability assistance as it is not deemed to be person centred.
This can be found in our position paper here: https://www.gov.scot/publications/disability-assistance-awards-entitlement-policy-position-paper/pages/1/
- 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, 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, 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, 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.
Answer
I refer the member to the answer to question S5W-22099 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, 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.
Answer
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.
- 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-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.
Answer
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".
- 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 ' /.
- 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.