Social Security Scotland: framework document

3

(Scottish Ministers' duty to promote take-up)

To keep under consideration what steps could be taken to ensure that individuals are given what they are eligible to be given through the Scottish social security system, and

If it is considered appropriate to do so, to take any of the steps identified by that consideration.

4

(Recognition of importance of inclusive communication)

To have regard to the importance of communicating in an inclusive way.

5

(Recognition of importance of accessible information)

In fulfilling Ministers' duty under section 3(a), to have regard to the importance of providing information in a way that is accessible for individuals who have a sensory, physical or mental disability.

To ensure that -

(a) the information this Act requires Ministers to give to an individual is given in a format that is accessible to the individual, and

(b) all information which this Act requires the Scottish Ministers to make publicly available is available in formats that are accessible to individuals who have a sensory, physical or mental disability.

6

(Recognition of importance of independent advice and advocacy)

To have regard to the role that –

(a) independent information and advice, and

(b) independent advocacy, can play in ensuring that individuals are given what they are eligible to be given through the Scottish social security system.

To include, in the steps taken under section 3(b), steps in relation to providing, or ensuring the provision of, information about –

(a) independent information and advice, and

(b) independent advocacy, for individuals applying for, or receiving, assistance through the Scottish social security system.

To include, in the steps taken under section 3(b), steps in relation to ensuring the availability of independent information and advice (that is accessible to, and proportionate to the needs of, the individuals to whom it is given) about the Scottish social security system, and the following matters in particular –

(a) how to apply for assistance,

(b) the process by which entitlement to assistance is determined,

(c) the types of assistance available,

(d) income maximisation,

(e) the content of the Scottish social security charter

7

(Recognition of importance of available data)

In fulfilling Ministers' duty under section 3(a), to have regard to the possibility that information obtained for the purpose of determining an individual's eligibility for one type of assistance might be used to identify the individual's eligibility for other types of assistance.

13

(Assessors to be suitably qualified)

To ensure that any assessment to which subsection (2) applies is carried out by a suitably qualified person.

20

(Annual report)

As soon as practicable after the end of each financial year, to –

(a) lay before the Scottish Parliament, and

(b) make publicly available by such means as they consider appropriate, a report on the performance of the Scottish social security system in that year.

The report is to contain –

(a) information about the performance of the Scottish social security system in that year,

(b) a description of what the Scottish Ministers have done in that year to meet the expectations of them set out in the Scottish social security charter, (c) an assessment of how the Scottish social security system has affected the circumstances of persons living in households whose income is adversely affected, or whose expenditure is increased, because a member of the household has one or more protected characteristics (within the meaning of section 4 of the Equality Act 2010), and

(d) a description of the data for the purpose of monitoring equality of opportunity used in preparing the report.

The first report under this section is to include a plan setting out Ministers' intentions to collect and publish data for the purpose of monitoring equality of opportunity where existing data sources are not sufficient for the preparation of the report.

24

(Duty to give assistance)

To give an individual whatever assistance of a type described in Chapter 2 the individual is entitled to be given under a determination of the individual's entitlement to assistance.

26

(Individual's right to end entitlement)

To cancel a determination, on being requested to do so under subsection (1), –

(a) with immediate effect, or

(b) with effect from a later date specified in the request.

37

(Duty to make determination)

To make a determination of an individual's entitlement to a type of assistance described in Chapter 2 –

(a) on receiving an application for that type of assistance from the individual, or

(b) when required to do so by regulations under section 52.

39

(Withdrawal of application)

If an individual requests that an application be disregarded, not to make a determination of the individual's entitlement to any type of assistance on the basis of the application

To publicise any requirements for the time being set under subsection (3).

40

(Notice of determination)

Having made a determination under section 37 of an individual's entitlement to assistance, to inform the individual –

(a) of the determination,

(b) of the reasons for it,

(c) of the individual's right under section 41 to request that the Scottish Ministers re-determine the individual's entitlement to the assistance, and (d) that the individual will have the right under section 46 to appeal to the First-tier Tribunal against the determination should the Scottish Ministers fail to deal with a request for a re-determination within the period allowed for re-determination.

(e) if relevant, that the individual has the right to request a copy of an assessment report under section 60.

To fulfil Ministers' duty under subsection (1) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

41

(Right to request re-determination)

To publicise any requirements for the time being set under subsection (3).

If Ministers decide that something purporting to be a request for a redetermination does not satisfy the condition in subsection (3), to inform the individual concerned of –

(a) the decision,

(b) the reasons for it, and

(c) the individual's right to appeal under section 61.

42

(Late request for re-determination)

Having made a decision under subsection (1), to inform the individual concerned –

(a) of the decision, and

(b) if the decision is that the individual has no good reason for not requesting a redetermination sooner, of –

(i) the reasons for the decision, and

(ii) the individual's right to appeal under section 61.

43

(Duty to re-determine)

On being requested under section 41 to re-determine an individual's entitlement to a particular type of assistance, to make a determination of the individual's entitlement to that type of assistance.

To aim to make the determination within the period allowed for re-determination.

44

(Notice of re-determination)

Having made a determination under section 24 of an individual's entitlement to a particular type of assistance, to –

(a) inform the individual of –

(i) the determination,

(ii) the reasons for it, and

(iii) the individual's right to appeal to the First-tier Tribunal under section 46 against the determination,

(iv) if relevant, that the individual has the right to request a copy of an assessment report under section 60,

To provide the individual with a form that the individual can complete and submit in order to bring an appeal against the determination.

To fulfil Ministers' duty under subsection (1)(a) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

45

(Notice where re-determination not made timeously)

Having failed to make a determination under section 43 of an individual's entitlement to a particular type of assistance within the period allowed for re-determination, to –

(a) inform the individual -

(i) that the individual's request for a re-determination has not been dealt with within the period allowed, and

(ii) that the individual therefore has the right to appeal to the First-tier Tribunal against the determination under section 37 which prompted the request for a re-determination,

To provide the individual with a form that the individual can complete and submit, in order to bring an appeal against the determination.

To fulfil Ministers' duty under subsection (1)(a) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others

47

(Initiating an appeal)

On receiving a form that they provided under section 44 or 45, the Scottish Ministers to send –

(a) the form, and

(b) the information held by them that they used to make the determination in question, to the First-tier Tribunal.

Having complied with subsection (2), to inform the individual to whom the determination in question relates that Ministers have done so.

50

(Decisions comprising determination)

To decide –

(a) whether or not the eligibility rules prescribed in the applicable regulations are satisfied in the individual's case,

(b) if those rules are satisfied, what assistance (in accordance with the applicable regulations) of the type in question the individual is entitled to be given,

(c) if the determination is to be made on the basis that the individual has ongoing entitlement to the type of assistance in question (see section 51), what assistance of the type in question the determination is to entitle the individual to be given in the future, and

(d) if the determination is of an individual's entitlement to assistance in respect of an event, whether the individual's application for assistance in respect of the event is possibly premature.

If it is decided under subsection (1)(d) that an individual's application for assistance in respect of an event is possibly premature – to include, in the determination, a statement that the individual may make another application for assistance in respect of the event.

53

(Duty to inform about possible eligibility)

To inform –

(a) the individual that the individual may be eligible for the other assistance, and

(b) to either –

(i) provide the individual with information about how to apply for it, or

(ii) if regulations under section 52 so allow, ask the individual whether they should proceed with making a determination of the individual's entitlement to the other assistance without receiving an application.

55 (Requirement to justify assessment requests)

To inform the individual, when making the request, why Ministers consider requiring the individual to undergo an assessment to be the only practicable way to obtain the information.

If the individual would have to undergo a face-to-face assessment in order to fulfil the request, when making the request - to inform the individual what consideration Ministers have given to –

(a) any preference the individual has expressed to them concerning where and how assessments are carried out,

(b) whether the assessment could be carried out another way,

(c) what distance (if any) they expect the individual will have to travel in order to attend the assessment,

(d) the extent to which travelling to attend the assessment may –

(i) cause the individual distress,

(ii) adversely affect the individual's health.

59

(Right to support)

To comply with an individual's wish to have another person ("a supporter") present during any discussion or assessment relating to the individual's entitlement to a type of assistance described in Chapter 2, unless the wish is unreasonable

60

(Right to reports used in determining entitlement)

If an individual requests it, to give the individual a copy of any assessment report held by Ministers that Ministers took into account in making a determination of the individual's entitlement to assistance.

65 (Consideration for debtor's circumstances)

This section applies to decisions about –

(a) whether to seek to recover money owed under section 63, and

(b) the method by which money owed under that section is to be recovered.

In making a decision to which this section applies, to have regard to the financial circumstances of the individual who owes the money (so far as those circumstances are known to the Ministers)

76

(Code of practice on investigations)

To publish a code of practice on investigations carried out by virtue of section 75.

To keep the code of practice under review,

As soon as practicable after publication, to lay before the Scottish Parliament a copy of the code of practice.

78

(Duty to uprate carer's, disability and employment-injury assistance)

Before the end of each financial year, having calculated in accordance with section 77 the inflation-adjusted level of each relevant figure prescribed in –

(a) the carer's assistance regulations,

(a) the disability assistance regulations,

(b) the employment-injury assistance regulations, and

(c) the funeral expense assistance regulations.

to bring forward legislation to replace any relevant figure prescribed in those regulations which is, in Ministers' opinion, materially below its inflation-adjusted level with a figure of at least that level (subject to any rounding Ministers think appropriate)

81

(Carer's allowance supplement)

To make a payment (a "carer's allowance supplement") to qualifying individuals in respect of each of the following periods of each financial year –

(a) 1 April to 30 September, and

(b) 1 October to 31 March

87

(Report to the Scottish Parliament on exercise of right to appeal)

As soon as practicable after the end of each financial year, to –

(a) lay before the Scottish Parliament, and

(b) make publicly available by such means as Ministers consider appropriate, a report on the number of individuals who obtained the right to appeal to the First-tier Tribunal under section 46 and the number of individuals who exercised that right.

The first report under this section must include a plan setting out how Ministers intend to collect this data.

In reporting to the Scottish Parliament under subsection (1), to indicate whether, in the opinion of Ministers, amendment of the process for determining entitlement under this Act is appropriate.

54

(Obligation to provide information on request)

When –

(a) Ministers are determining an individual's entitlement to assistance (whether under section 37 or 43), and

(b) they require further information in order to satisfy themselves about any matter material to the making of the determination, to request that the individual provide them with the information within such period as they specify.

If the individual fails to provide the requested information by the end of the specified period – to proceed, without further consideration, to make the determination on the basis that the eligibility rules prescribed in the applicable regulations are not satisfied in the individual's case (see section 50).

56

(Duty to notify change of circumstances)

To place a duty on the individual, to notify Ministers about a change in circumstances on a person to whom subsection (3), (4) or (5) applies.

57

(Lifting of duty to notify change of circumstances)

To lift a duty placed on a person under section 56 by informing the person that the duty is lifted.

Under subsection (2), to lift a duty as it relates to some or all of the changes in circumstances which the person has a duty to notify Ministers about.

58

(Appointment of person to act on behalf of individual)

To appoint a person (an "appointee") –

(a) to act on behalf of an individual in connection with the determination of the individual's entitlement to assistance under section 24, and

(b) to receive such assistance on the individual's behalf.

To only appoint an appointee if it appears to them that either subsection (3) or (4) applies.

To request that the appointee provide them with information that they may otherwise request the individual to provide under section 30 (and subsections (2) and (3) of that section apply to that request as they apply to a request made to the individual),

To terminate an appointment under this section at any time.

76 (Code of practice on investigations)

From time to time, to revise the code of practice.

85 (Information-sharing)

To require a person mentioned in subsection (2) to supply information held by the person, for the purpose of a social security function.

Where information is supplied to Ministers under subsection (1) for use for any purpose, to use it for any other purposes for which information held by Ministers for that purpose may be used.

To supply information held by Ministers for the purpose of a social security function, to a person mentioned in subsection (2), for use for the purposes of such function of the person as is specified in regulations