Delivery of the Pension Age Winter Heating Payment: FOI release

Information requested

Request for information 1: Correspondence between the Scottish Government and Social Security Scotland regarding the decision to delay the delivery of the Pension Age Winter Heating Payment.

Specifically, the correspondence that explains why the delay will occur and what the implications of the delay are.

Also all correspondence that discusses the delivery practicalities of delivering the payment in 2025.

I believe this communication will have taken place in late July or August 2024.

Request for information 2: Any emails received by Social Security Scotland from the Cabinet for Social Justice within this time period regarding the delay to the delivery of Pension Age Winter Heating Payment. Please also include replies from Social Security Scotland to the Cabinet Secretary.

Response

We have completed internal email searches within relevant areas of Social Security Scotland. The timeframe we searched for was between 1 July 2024 – 31 August 2024.

Request for information 1 and 2:

Please find the information in response to questions one and two within the attached documentation. Please note that in all of the attachments an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Other exemptions are applied to attachments and we have signposted this below:

Email 1 Attachment

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on the Scottish Budget.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.

Email 2, Email 3, Email 4, Email 5 and Email 5 Attachment (5.b)

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on Pension Age Winter Heating Payment will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive issue such as the delay to the introduction of a planned benefit.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s policy position on the delay to Pension Age Winter Heating Payment, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken.

Email 5 Attachment

Some of the information you have requested is available from Pension Age Winter Heating Payment | Scottish Parliament Website Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400431807 - Information Release - Annex

File type

43 page PDF

File size

1.2 MB