Questions and answers

Question reference: S5W-10796

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 16 August 2017
Current Status: Answered by Jeane Freeman on 6 September 2017

To ask the Scottish Government what the value is of the Scottish Social Security Technical Delivery Support contract.

The ‘Scottish Social Security Technical Delivery Support’ requirement was cancelled. The procurement process which was issued via the Digital Marketplace for this project did not progress beyond selection Stage 1. There was no invitation to tender issued, no contract awarded and therefore there is no value to provide, no winning contractors and no start date for the provision of the services.

Question reference: S5W-10803

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 16 August 2017
Current Status: Answered by Jeane Freeman on 6 September 2017

To ask the Scottish Government how many people are employed by the successful bidder for the Scottish Social Security Technical Delivery Support contract, and how many of these employees will be committed to the contract.

The ‘Scottish Social Security Technical Delivery Support’ requirement was cancelled as result of on going changes to the scope of requirements. The requirement is still being reviewed for a potential future procurement exercise. The procurement process which was issued via the Digital Marketplace for this project did not progress beyond selection Stage 1. There was no invitation to tender was issued, no contract awarded and therefore there is no value to provide, no winning contractors and no start date for the provision of the services. The background note provides further information.

Question reference: S5W-10804

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 16 August 2017
Current Status: Answered by Jeane Freeman on 6 September 2017

To ask the Scottish Government who the successful bidder was for the Scottish Social Security Technical Delivery Support contract, and when the service provision started.

The ‘Scottish Social Security Technical Delivery Support’ requirement was cancelled. The procurement process which was issued via the Digital Marketplace for this project did not progress beyond selection Stage 1. There was no invitation to tender issued, no contract awarded and therefore there is no value to provide, no winning contractors and no start date for the provision of the services.

Question reference: S5W-11064

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 05 September 2017
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.

Question reference: S5W-10559

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 02 August 2017
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.

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.

Question reference: S5W-10561

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 02 August 2017
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.

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.

Question reference: S5W-10535

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 02 August 2017
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.

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.

Question reference: S5W-10560

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 02 August 2017
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.

Question reference: S5W-10887

Current Status: Withdrawn

Question reference: S5W-10538

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 02 August 2017
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.

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.

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