Pension Age Winter Heating Payment (PAWHP) funding: FOI Review

Information requested

Original request 202400426621

All information, notes, calculations and communications since 29 July 2024 that references how the Scottish Government determined its funding for the replacement benefit Pension Age Winter Heating Payment would be cut by up to £160 million.*

*The £160m figure has been taken from a Scottish Government press release, ‘UK Government decision ends universal fuel payments’, issued on 14 August 2024 at 10:52.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for

"...all information, notes, calculations and communications since 29 July 2024 that references how the Scottish Government determined its funding for the replacement benefit Pension Age Winter Heating Payment would be cut by up to £160 million.*

*The £160m figure has been taken from a Scottish Government press release, ‘UK Government decision ends universal fuel payments’, issued on 14 August 2024 at 10:52.”

I have concluded that the original decision should be confirmed, with modifications.

I have reviewed all exemptions applied to the original FOISA request and also reapplied the public interest test to establish whether the exemptions applied in the original FOISA response still apply. As extensive and robust searches took place when the original FOI was being actioned, I conducted a small limited search ensuring I did not replicate any searches that had been carried out previously. I did not find any more information in relation to your request.

I have made modifications to redacted documents numbered 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 as a result of the review. I would also draw your attention to documents numbered 9, 18 and 20 which were enclosed with the original FOI request, and which I have provided again for ease of reference. Documents 9, 18 and 20 provide further rationale on how the £160 million cut in funding was calculated.

During my review I have found that FOISA exemption s.17 (information not held by Scottish Government) was used in error in relation to redacted documents numbered 12 and 17. I have enclosed both documents and can confirm that FOISA exemption (s.29(1)(a) formulation of Scottish Administration policy) should have been applied to the attachments that were redacted under FOISA exemption s.17 (information not held by Scottish Government) previously. I apologise for this error and I will make the original FOI case handler aware of the error to ensure this does not happen in future.

I have also found that the public interest test was not applied correctly in relation to FOISA exemption s.29(1)(a) (formulation of Scottish Administration policy) originally. I have reapplied the public interest test and will set out my rationale for how this applies below. I apologise for this error and I will also make the original FOI case handler aware of the error to ensure this does not happen in future.

I enclose a copy of some of the information you requested.

Some of the information you have requested is available from the Scottish Fiscal Commission forecast of December 2023, specifically the £180 million expenditure that the Scottish Fiscal Commission forecast for Pension Age Winter Heating Payment in 2024-25. You can find this within Annex A.13 - Policy Costings - Figures when you follow the weblink at Scotland’s Economic and Fiscal Forecasts – December 2023 | Scottish Fiscal Commission. I apologise this information was not made clearer within the original FOI response.

You were also signposted to Written question and answer: S6W-28925 | Scottish Parliament Website, which gives more details in relation to the Block-Grant Adjustment. 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 websites listed, then please contact me again and I will send you a paper copy.

Exemptions under sections s.29(1)(a) (formulation of Scottish Administration policy). 30(b)(i) (free and frank provision of advice) and s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. The reasons why the exemptions apply are set out below.

Section 29(1)(a) - Formulation of Scottish Administration policy

An exception under section 29(1)(a) of FOISA (formulation of Scottish Administration policy) applies to some of the information requested. This exemption applies as formulation and development of the Pension Age Winter Heating Payment was, and continues to be, ongoing.

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 some public interest in release because of ongoing discussions and concern about eligibility for Pension Age Winter Heating Payment. However, this is outweighed by the public interest in ensuring that when topics are in the early stages of policy formulation, officials and Scottish Ministers are provided with private space which is essential when discussing available options.

Section 30(b)(i)(free and frank provision of advice)

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. 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 advice on dealing with a number of different issues, including ongoing discussions and concern about eligibility for Pension Age Winter Heating Payment, will inhibit such discussion in the future.

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 position. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 38(1)(b) - applicant has asked for personal data of a third party

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, for example names and contact details for junior members of staff or 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.

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 2024004432217 - Information released - Annex

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