- 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 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.
Answer
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.
- 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 26 March 2019
To ask the Scottish Government, in light of the comments in its duration of awards and automatic entitlement for disability assistance policy position paper, what the minimum review period will be for a person's live case to be transferred from the DWP.
Answer
The Scottish Government will use feedback from the current Disability Assistance consultation to inform its approach to case transfers. The Scottish Government is undertaking specific consultation with the Experience Panels in relation to case transfers and will set out its approach in relation to each form of Disability Assistance in due course. This approach will seek to cause minimal disruption for clients and to balance the transfer of clients at pace with delivering their benefits safely and securely. We will honour award levels and durations of current awards to ensure that clients are not made to undergo unnecessary award reviews when their benefit transfers.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Tuesday, 12 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 21 March 2019
To ask the Scottish Government, in light of the statements in its position paper on Short Term Assistance, for what reason it decided to use the civil legal test of "balance of probabilities" to determine whether to reduce or stop an individual's payments during a fraud investigation, and whether it considered using the criminal legal test as part of this decision.
Answer
The Scottish Government has chosen to propose a “balance of probabilities” test in determining when to stop providing assistance, where it suspects fraud, as an appropriate level of protection to the public purse.
We believe that it would be disproportionate to apply a stringent criminal test to benefit decisions
- 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 21 March 2019
To ask the Scottish Government, in light of the comments in its duration of awards and automatic entitlement for disability assistance policy position paper, whether all information supplied to Social Security Scotland, regardless of whether it is formally regarded as a change of circumstance, would be permissible to justify a review before the indicated award review date.
Answer
The Scottish Government will use feedback from the current Disability Assistance consultation and the Experience Panels to develop a framework on when undertaking a light-touch review earlier than the set award review date might be required.
- 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 21 March 2019
To ask the Scottish Government, in light of the comment in its disability assistance assessments policy position paper that "we therefore intend to provide a proportion of assessors with additional training in the impact of mental health conditions and learning disabilities", what proportion of assessors will have this additional training, and how this will compare with the current proportion of assessors with such training.
Answer
The proportion of assessors required to undertake this training has still to be determined. In doing so, the Scottish Government will undertake modelling taking into account feedback from the current Disability Assistance consultation as well as input from the Disability and Carer Benefits Expert Advisory Group.
- 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 21 March 2019
To ask the Scottish Government, in light of the comments in its duration of awards and automatic entitlement for disability assistance policy position paper, how it defines non-engagement with a light-touch review, and on what other occasions Social Security Scotland will have the power to stop a person's disability assistance.
Answer
The Scottish Government will use feedback from the current Disability Assistance consultation and the Experience Panels to develop the definition of non-engagement with a light-touch review. We will also use this feedback to define the circumstances where powers to stop a client’s disability assistance may be required.
- 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 21 March 2019
To ask the Scottish Government, in light of the comments in its duration of awards and automatic entitlement for disability assistance policy position paper, other than by way of a change of circumstances, what standard of evidence will be required to justify a review before the indicated award review date as a result of information being provided to Social Security Scotland.
Answer
I refer the member to the answer to S5W-22092 on 21 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, 14 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 21 March 2019
To ask the Scottish Government, in light of the comment in its severe disablement allowance (SDA) position paper that, "In 2018 a survey was issued to Experience Panel members inviting them to share their experience of SDA. Although only a small number of responses were received, members did not raise any significant concerns or identify areas for change", which panel report contains the responses, and whether it will publish the background or source data.
Answer
Give that fewer than 10 Experience Panel members took part the data will be not be published as there is a risk it could be disclosive. No concerns were identified from the small number of panel members spoken to.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Tuesday, 12 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 20 March 2019
To ask the Scottish Government how many people over 65 will migrate to disability assistance for older people.
Answer
Current estimates are that 89,800 cases of people over 65 in receipt of Attendance Allowance will transfer over to Disability Assistance for Older People.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
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Date lodged: Tuesday, 12 March 2019
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Current Status:
Answered by Shirley-Anne Somerville on 20 March 2019
To ask the Scottish Government how it will manage the migration of people over 65 who access disability living allowance/personal independence payment to disability assistance for older people.
Answer
People over 65 who are in receipt of Disability Living Allowance will be transferred over to a Scottish version of DLA for people over 65. People over 65 who are in receipt of Personal Independence Payment will be transferred over to Disability Assistance for Working Age People.