Pension Age Winter Heating Payment correspondence: FOI release

Information requested

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 practicalities of delivering the payment in 2025. I believe this communication will have taken place in late July or August 2024.

2. Any emails received by the Cabinet Secretary for Social Justice within his time period regarding the delay to the delivery of Pension Age Winter Heating Payment from Social Security Scotland.

3. Any emails received by the Cabinet Secretary for Social Justice within his time period regarding the delay to the delivery of Pension Age Winter Heating Payment from the UK Government. Please also include replies from the Cabinet Secretary.

4. Correspondence between the Scottish Government and the Department of Work and Pensions regarding the decision to delay the delivery of the Pension Winter Heating Payment.

Response

I have enclosed a copy of the information you have requested regarding points three and four of your request. Points one and two are being considered by Social Security Scotland who are progressing FOI 202400431807 that you submitted to them.

An exemption applies under Section 25(1) – information otherwise accessible

An exemption under Section 25(1) of FOISA (information otherwise accessible) applies to some of the information requested. This includes a letter from the Cabinet Secretary for Social Justice to the Secretary of State for Work and Pensions available here regarding the UK Government’s decision to means-test Winter Fuel Payment: Winter Fuel Payment: Letter to UK Government.

An exemption applies under Section 30(b)(i) - Free and frank provision of advice

An exemption under Section 30(b)(i) (substantial inhibition to free and frank provision of advice) of FOISA applies to some of the information requested. 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 these exemptions. We recognised that there is some public interest in releasing this information however, there is a need for Ministers and officials to have a private space to seek advice, exchange views and discuss options before reaching a settled public view. Disclosing the content of such advice and discussions would substantially inhibit the free and frank provision of advice and exchange of views in the future. We recognise that there is a public interest in disclosing this 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. Their candour in doing so will be affected by their assessment of whether discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

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 202400432128 - Information released - Annex

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4 page PDF

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