Carer Support Payment: data protection impact assessment

Annex D – Article 36(4) form

1. Article 36(4) Enquiry Form

This form is for public authorities that are developing a legislative proposal or statutory guidance that relates to personal data. It will provide a template for you to enter information relevant to Article 36(4) of the UK General Data Protection Regulation (UKGDPR) in order to streamline the process of consulting with the Information Commissioner's Office (ICO).

Title of proposal:

Scottish Carer's Assistance (SCA) including Carer's Additional Person Payment (CAPP)

Your department:

Carer Benefits and Case Transfer Unit – Social Security Policy Division, Scottish Government

Is your proposal primary legislation, secondary legislation or a statutory measure?

Secondary legislation.

Name of primary legislation your measure is based on(if applicable)

Social Security (Scotland) Act 2018

Provide a broad summary of which aspects of your proposal relate to personal data

Scottish Carer's Assistance will replace UK Carer's Allowance, currently delivered by Department for Work and Pension (DWP) with Scottish Carer's Assistance and include the creation of a new payment, Carer's Additional Person Payment.

Processing of personal data is required to make a determination for new clients and for case transfer from DWP (where data will be transferred so that people in Scotland who are getting Carer's Allowance from the DWP can get Scottish Carer's Assistance from Social Security Scotland instead).

There will also be Data Sharing arrangements in place.

What stage is your legislation or statutory measure at and what are your timelines?

We are at the consultation stage and are consulting with stakeholders as well as the wider public. Timelines for introduction of the benefit (and the associated regulations timelines) are still to be confirmed – the current UK Carer's Allowance benefit has complex links with other benefits which will remain reserved so devolution of the benefit is a joint project with the Department for Work and Pensions. We are working with the DWP to agree timings and hope to be able to confirm these soon.

What issue/public need is the proposal seeking to address?

Following agreement between the UK and Scottish Governments, responsibility for some carer benefits has been devolved. We are creating a new Scottish benefit to replace UK Carer's Allowance for carers in Scotland – and we are calling this 'Scottish Carer's Assistance' for now. The consultation sets out proposals for Scottish Carer's Assistance, including a new additional payment for carers in receipt of SCA who are caring for more than one person – we are calling this 'Carer's Additional Person Payment' for now.

Does your proposal create a new power or obligation for the processing of personal data?

Yes. Regulations would need to detail the type of information clients need to provide in order to access SCA and the additional payment.

Does your proposal relate to the collection of personal data?

Yes. A range of personal data will need to be collected to assess eligibility for Scottish Carer's Assistance and Carer's Additional Person Payment, to make payments, and to maintain awards.

If you've answered yes to the above question, what data items might this include?

For payment of benefits this will include names, addresses, email and telephone contact information, National Insurance numbers, earnings data, residence data, bank/payment details for the carer. Also personal details of the person being cared for.

Information about clients and benefit awards will be shared as part of the case transfer process.

And is this information collected directly from the data subject or from elsewhere? Please provide further details.

For payment of benefits some information will be collected directly from the data subject but some information would be provided by other government departments – e.g. DWP, HMRC, MOD. We would also require data from the carer about the person they care for.

Would your proposal affect a specific group? E.g. children, vulnerable individuals, elderly?

Yes. Proposals will affect unpaid carers and the people they care for. The majority of cared for people will be disabled people due to the eligibility criteria of the benefit.

Does your proposal relate to the processing 'special categories' of personal data, or 'criminal convictions or offences data'?^[1]

Yes. Application forms will ask for (though not require) equality monitoring information which will ask about protected characteristics. Criminal offences data will not be processed however data on unacceptable client behaviour may be shared for the purposes of safeguarding Agency staff.

Does your proposal involve the sharing of personal data with another government department or 3rd party that you were not previously sharing with?

No.

Is there anything potentially controversial or of significant public interest in your policy proposal?

There is likely to be public interest in the policy as Scottish Carer's Assistance will replace an existing UK benefit, received by over 80,000 carers in Scotland, about which carers and stakeholder organisations have raised concerns – so interest in the changes being made is likely. Previous Scottish benefit changes and launches have also attracted public interest.

Timetables for Scottish Carer's Assistance have changed as a result of the impact of coronavirus on the work to devolve social security. The proposals in the consultation have been informed by prior consultation and research, however, carers and stakeholders may have different views on the priorities for change.

Have you conducted a data protection impact assessment on your proposed legislation?

Not yet – we are still consulting on our proposals but a Data Protection Impact Assessment will be completed alongside the development of the benefit and the regulations.

Next Steps

This form should be reviewed by your Data Protection Officer before being submitted to the ICO.

To submit the form, email a copy to the ICO inbox at legcon@ico.org.uk.

You should copy and paste the below text into the subject line of your email to ensure your request is dealt with promptly.

Email subject line:Art 36(4) - Consultation request - [insert your department] - [insert title of proposal]