Personal Independence Payment: agency agreement

5. Delivery of Personal Independence Payment

5.1 Prior to the launch of Adult Disability Payment on 29 August 2022, DWP, on behalf of and as agreed with the Scottish Ministers, continued to process new claims to Personal Independence Payment for an interim period, whilst the Scottish Government prepared to take new applications to Adult Disability Payment for people resident in Scotland. This was consistent with the delivery of Personal Independence Payment and its related functions under the same procedures that cover the delivery of Personal Independence Payment to people resident in England and Wales and was subject to the terms of the Initial Agreement, including the provision of a functional assessment by a third party supplier.

5.2 From 29 August 2022, Scottish Ministers have processed and will continue to process new applications to Adult Disability Payment across Scotland, their replacement for DWP’s Personal Independence Payment.

5.3 From 29 August 2022, and during the term of this Agreement, the existing claims of all Personal Independence Payment claimants resident in Scotland will transfer to Social Security Scotland from DWP, under an agreed programme of case transfer.

5.4 For the Term of this Agreement or until case transfer concludes, 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 Personal Independence Payment claims made prior to 29 August 2022 and existing awards, on the basis of business as usual arrangements, subject to the terms of this Agreement.

5.5 The business as usual arrangements for delivery of Personal Independence Payment 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, settling, in part or in full, payments due under an arrangement for the hire or purchase of a vehicle to Motability, handling queries on individual claims and general enquiries, debt recovery action and investigating information that would indicate fraud and/or error has occurred. This list is not exhaustive.

5.6 Information on DWP Personal Independence Payment claims, payments and

5.7 For the Term of this Agreement, the Scottish Government will maintain parity with the DWP rates of Personal Independence Payment as part of the normal up-rating cycle.

5.8 For the Term of this Agreement, the Scottish Government will maintain parity with DWP in terms of the eligibility criteria to all Personal Independence Payment claims.

5.9 There will be no difference in the application of debt policy to Personal Independence Payment as delivered in Scotland by DWP during the Term of this Agreement. This will include, but will not be limited to, recovery methods and rates, hardship considerations, priority order, write-off, and waivers.

5.10 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 grant authorisations. 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.

5.11 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.