Carer's Allowance: agency agreement

5. Delivery of Carer's Allowance

5.1 DWP will, on behalf of and as agreed with, the Scottish Ministers, continue to process new claims to Carer's Allowance for an interim period, whilst the Scottish Government prepares to take new applications to Carer Support Payment, anticipated phased launch to be autumn/winter 2023, for people resident in Scotland. The processing of new claims will be consistent with the delivery of Carer's Allowance and its related functions under the same procedures that cover the delivery of Carer's Allowance to people resident in England and Wales.

5.2 Under an agreed programme of case transfer during the term of this Agreement, the existing cases of all Carer's Allowance claimants resident in Scotland will transfer to Social Security Scotland from DWP.

5.3 Until case transfer concludes and during the term of this Agreement, DWP will, on behalf of and as agreed with the Scottish Ministers, continue to deliver an operational service for people resident in Scotland with existing Carer's Allowance claims, consistent with the delivery of Carer's Allowance and its related functions under the same procedures that cover the delivery of Carer's Allowance paid to people resident in England and Wales. This Agreement covers all people resident in Scotland and in receipt of Carer's Allowance during the Term of this Agreement.

5.4 For the avoidance of doubt, this means that the Scottish Ministers will not request changes to the DWP business as usual procedures and processes.

5.5. The delivery of Carer's Allowance includes delivery of all associated functions such as administration of the award, notifying other parts of DWP that an award of benefit has been made, handling queries on individual claims and general enquiries, debt recovery action and investigating information that would indicate fraud and error has occurred on a claim. This list is not exhaustive.

5.6 Information on the DWP Carer's Allowance can be found in the DWP Decision Makers Guide. This is an approved guide to help Carer's Allowance Case Managers make decisions. It is a plain English representation of social security law and case law. It can be found on www.Gov.UK at:

Decision Makers Guide

Decision Makers Guide – Vol. 10 Chapter 60 – Carer's Allowance

5.7 Any recent updates and/or amendments to the DWP Decision Makers Guide.

5.8 During the Term, the cases of all Carer's Allowance claimants who are eligible will transfer to Social Security Scotland from DWP. Social Security Scotland will create new client awards based on the existing DWP award components and rates. Cases will be transferred based on selection criteria and transfer processes which will be jointly agreed between DWP and the Scottish Government.

5.9 This Agreement relates to Carer's Allowance as delivered by DWP on behalfof Scottish Ministers, it does not relate to Carer Support Payment . For the Term of this Agreement, the Scottish Government will maintain parity with DWP's rates of Carer's Allowance as part of the normal up-rating cycle.

5.10 For the Term of this Agreement, the Scottish Government will maintain parity with DWP in terms of the eligibility criteria to all Carer's Allowance claims.

5.11 There will be no difference in the application of debt policy to Carer's Allowance as delivered in Scotland by DWP, during the Term of this Agreement. This will include but will not be limited to recovery methods andrates, hardship considerations, priority order, write-off, and waivers.

5.12 For surveillance matters, under section 8(1) of the Regulation of Investigatory Powers (Scotland) Act 2000 ('the 2000 Act'), individuals holding such offices, ranks and positions as are prescribed, may grant authorisations under sections 6 and 7 of that Act for the use of directed surveillance and covert human intelligence sources respectively. Article 2(2) of, and Schedule 1 to, the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 ('the 2010 Order'), as amended in 2018 and 2020, prescribes the person(s) authorised to grantauthorisations. The Scottish Administration, of which Social Security Scotland is a part, is prescribed as a relevant public authority for the purposes of section 8 of the 2000 Act.

5.13 An operational process has been developed and agreed between both parties that reflects the 2010 Order (as amended) that is in force for benefits administered under Agency Agreements.