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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-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-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Current Status: Withdrawn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.

Question reference: S5W-10524

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Monday, 31 July 2017
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.

Question reference: S5W-10102

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Monday, 03 July 2017
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".

Question reference: S5W-10318

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 13 July 2017
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".

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.

Question reference: S5W-10178

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 05 July 2017
Current Status: Answered by Jeane Freeman on 25 July 2017

To ask the Scottish Government what provision for passported benefits is made in the Social Security (Scotland) Bill from the seven types of assistance that are proposed.

The Scottish Government has made its position on passported benefits clear. For example, paragraph 127 of the policy memorandum published alongside the Social Security (Scotland) Bill states, in relation to disability assistance, that - “Passporting arrangements for all three of the benefits will continue”. That is why the Bill provides Scottish Ministers with powers to make provision, in regulations for each of the eight types of assistance that are proposed. This includes making provision for passported benefits.

Question reference: S5W-10101

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Monday, 03 July 2017
Current Status: Answered by Jeane Freeman on 25 July 2017

To ask the Scottish Government, in light of the debate on Dignity, Fairness and Respect in Disability Benefits on 9 June 2016, which section of the Social Security (Scotland) Bill ensures that disability benefits “are increased at least in line with inflation to ensure that they cover the cost of living”.

Question reference: S5W-09997

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 27 June 2017
Current Status: Answered by Jeane Freeman on 25 July 2017

To ask the Scottish Government what consideration it has given to the transition of the PIP mobility element as a first stage of the transfer of disability benefits, and whether it will seek to discuss this with the UK Government at the next meeting of the Joint Ministerial Working Group on Welfare.

The UK Government’s regulations, which govern the transition of the disability benefits under the Scotland Act 2016, do not allow for separate elements of PIP to be transferred separately.

Scottish Government Officials have been in discussions with Motability with a view to making sure that the scheme is available in Scotland when we take on delivery of disability benefits. We understand that around 800 Motability vehicles a week are being taken away from disabled people across the UK, as a result of the transition to PIP. This is a matter of significant concern that we have raised with the UK Government.

The agenda for the next meeting of the Joint Ministerial Working Group on Welfare is still to be agreed.