Questions and answers

Question reference: S5W-10868

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 22 August 2017
Current Status: Answered by Jeane Freeman on 12 September 2017

To ask the Scottish Government, in light of it stating in the Privacy Impact Assessment for the Social Security (Scotland) Bill that it plans to bring forward amendments at Stage 2 to provide for new information sharing gateways, whether it is considering other major amendments to be introduced at Stage 2 and, if so, (a) on what subject areas, (b) for what reason these proposals were not published when the bill was introduced and (c) whether the proposals will be published before the Social Security Committee concludes its Stage 1 consideration.

The Privacy Impact Assessment for the Social Security (Scotland) Bill does note a proposal, by the Scottish Government, for a Stage 2 amendment on data sharing. This was included in the interests of openness and transparency. The Scottish Government intends to put the views of stakeholders first, by listening with interest to what they have to say throughout the Stage 1 process and will then reflect carefully - both on the evidence provided and the recommendations Committee makes in its Stage 1 report - before lodging amendments.

Question reference: S5W-10867

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 22 August 2017
Current Status: Answered by Jeane Freeman on 12 September 2017

To ask the Scottish Government, in light of it stating in the Privacy Impact Assessment for the Social Security (Scotland) Bill that it plans to bring forward amendments at Stage 2 to provide for new information sharing gateways, (a) for what reason these proposals were not published when the bill was introduced and (b) whether the proposals will be published before the Social Security Committee concludes its Stage 1 consideration.

The Privacy Impact Assessment for the Social Security (Scotland) Bill does note a proposal, by the Scottish Government, for a Stage 2 amendment on data sharing. This was included in the interests of openness and transparency. This provision was not included in the Bill for system design reasons. If, by the conclusion of Committee’s stage 1 evidence gathering process and after the publication of Committee’s Stage 1 report, it is clear that new legislative gateways are needed to enable data sharing for devolved assistance, or existing gateways require amendment, then the Scottish Government will bring forward proposals during stage 2.

Question reference: S5O-01246

Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 06 September 2017
Current Status: Taken in the Chamber on 14 September 2017

To ask the Scottish Government what action its Partnership Action for Continuing Employment has taken in Lanarkshire in the last year.

Question reference: S5W-10812

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 which companies received an invitation to tender for 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-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.

Chamber and committees