Young Carer Grant: service level agreement between The Secretary of State for Work and Pensions and Scottish Ministers

Service Level Agreement Between the Secretary of State for Work and Pensions and Scottish Ministers in Respect of Young Carer Grant

Key personnel	Name	Role
Author	[Redacted]	[Redacted]
Approver	[Redacted]	[Redacted]
Owner	James Wallace	Deputy Director, Finance and Corporate Services, Social Security Scotland
Owner	Helga Swidenbank	DWP Director of Disability Services, Decision Making and Working Age
Owner	Vikki Knight	Director for Fraud and Error Policy
Owner	Margarita Morrison	DWP Area Director for Scotland
Owner	Martin Brown	DWP Retirement Delivery Director

1. Parties

1.1 This Service Level Agreement (hereafter referred to as ‘this Agreement’) is entered into between the Secretary of State for Work and Pensions of Caxton House, Tothill Street, London, SW1H 9NA and the Scottish Ministers of, St Andrew’s House, Regent Road, Edinburgh EH1 3DG acting in some instances through Social Security Scotland.

1.2 References to the Scottish Government (SG), the Scottish Ministers or Social Security Scotland will, as appropriate, be read as also including reference to each of the other entities.

1.3 References to Secretary of State for Work and Pensions shall be read as including reference to the Department for Work and Pensions (DWP), as appropriate, and vice versa.

2. Scope and Principles

2.1 This Agreement sets out the provisions of the relationship between Scottish Ministers and DWP in relation to Young Carer Grant (YCG) and ‘the Services’ DWP will provide to support this. The Services are described in Annexes 1 to 10.

2.2 Under the ‘[Redacted] Data Sharing Agreement’, as referenced in Section 4 (Derivation) of this Agreement, DWP will provide data to enable Social Security Scotland to check for eligibility and payment of YCG.

2.3 DWP will deal with client enquiries relating to YCG by signposting client’s resident in Scotland to Social Security Scotland.

2.4 DWP and Scottish Ministers shall work in partnership to ensure that the Services are delivered in accordance with the terms of this Agreement.

2.5 The partnership will seek continuous improvement in delivery standards including sharing lessons from delivery of the Services insofar as relevant.

2.6 Each party will act transparently and will work in a practical way in regards to reaching mutual agreement on any issues that may arise .

3. Duration

3.1 The initial Agreement commenced in October 2019, on the date on which DWP first delivered the Services as outlined at Para 2.1 and Para 2.2. This Agreement replaces the Initial Agreement. It shall commence on the date this Agreement is signed. Subject to termination by either party, it shall remain in force for an indefinite period. This Agreement is subject to review by each party on or before the date twelve (12) months after the signing of this agreement or when deemed appropriate by each party.

3.2 This Agreement may be varied by mutual written agreement of each party at any time during it’s term. Variations to this Agreement will be agreed by each party and no work will be undertaken until principles for funding the work are agreed. For the avoidance of doubt, any variations agreed between the parties must be put forward in writing and shall form an amendment to this Agreement.

3.3 In the event of DWP or Scottish Ministers choosing to terminate this Agreement, DWP and Scottish Ministers shall prepare and agree an appropriate exit plan for the termination of the Services which will seek to ensure no impact on the delivery of YCG.

3.4 Each party will provide twelve (12) months’ notice of termination in writing.

4. Derivation

4.1 This Agreement forms an annex to the ‘Memorandum of Understanding between the Scottish Ministers (SM) and Secretary for State for Work and Pensions (SSWP) on joint working arrangements covering the implementation of devolved provisions in the Scotland Act 2016 relating to Social Security and Employment Support Services in Scotland’, and is to be read in conjunction with the following documents, and any subsequent arrangements which are agreed and support this Agreement, insofar as they are not replaced or terminated in the future:

Document	Version/Date
Concordat between the Department for Work and Pensions and the Scottish Government	March 2020
Memorandum of Understanding and Supplementary Agreements on Devolution between the United Kingdom Government, the Scottish Ministers, the Welsh Ministers and the Northern Ireland Executive Committee (MoU on Devolution)	October 2013
Memorandum of Understanding between Scottish Ministers (SM) and Secretary of State for Work and Pensions (SSWP) on joint working arrangements covering the implementation of devolved provisions in the Scotland Act 2016 relating to Social Security and Employment Support Services in Scotland (the ‘SM/SSWP Single MoU’) and the following Annexes: [Redacted] Data Sharing Agreement [Redacted] Service Agreement [Redacted] Service Level Agreement [Redacted] Data Processing Agreement [Redacted] Data Sharing Agreement	January 2023
Memorandum of Understanding Between The Secretary of State for Work and Pensions and The Scottish Ministers acting through the Scottish Government and on behalf of Social Security Scotland in relation to benefit accounting and reconciliation services provided to the Scottish Ministers	March 2020
The agreement between the Scottish Government and the United Kingdom Government on the Scottish Government’s fiscal framework	February 2016
Scottish Devolution: A Framework for Audit and Accountability	March 2019
Scottish Devolution: Financial Arrangements for Formal Agreements between Department for Work and Pensions and Scottish Ministers	August 2022
Initial Service Level Agreement between Department for Work and Pensions and the Scottish Ministers in respect of Young Carer Grant V1.0 (the ‘Initial Agreement’)	October 2019
DWP and SG Joint Communications Framework	August 2021
[Redacted]	[Redacted]

5. Revision to this Agreement

5.1 DWP agrees to inform Scottish Ministers as soon as reasonably practicable in advance of any potential changes that may impact on or require changes to the Services.

5.2 Each party would need to agree whether a revision to this Agreement is required subject to Paragraph 3.2 above.

5.3 Any mutually agreed minor changes or amendments to this Agreement will be dealt with through normal means of communications, by the single point of contacts (SPoCs).

SPoCs for each party are as follows:

SG SPoC	DWP SPoC
[Redacted]	[Redacted]

5.4 Where more significant change is required, the SPoCs will apply the appropriate Business as Usual (BAU) change control processes. Where the change is agreed, it will be incorporated into this Agreement as an amendment following any review.

6. Disputes

6.1 Each party to this Agreement will notify the other of any issues, concerns or complaints regarding any matter covered by this Agreement. Wherever possible, these difficulties will be resolved by the process of consultation set out in the ‘SM/SSWP Single MoU’, as referenced in Section 4 (Derivation) of this Agreement. In the event of a formal escalation of an issue, the process for dispute resolution is outlined in Section 6 of the ‘SM/SSWP Single MoU’.

7. Roles and Responsibilities

7.1 Scottish Ministers will, as set out in this Agreement:

7.1.1 Be responsible for payment to DWP for ‘the Services’ in accordance with Paragraph 15 (Financial Arrangements).

7.1.2 Inform DWP as soon as reasonably practicable if they become aware of any deficiency in the quality of the Services delivered under this Agreement and seek to agree steps to resolve such issues.

7.1.3 Work in partnership with DWP in respect of any potential changes to the delivery of YCG as these may impact on the Services.

7.1.4 Be responsible for the effective identification and management of risks arising from the delivery of the Services.

7.2 For the avoidance of doubt, each party acknowledges that Scottish Ministers shall at all times retain the responsibility for YCG in its entirety.

7.3 DWP will, as set out in this Agreement:

7.3.1 Work in partnership with Scottish Ministers in respect of any potential impacts and changes that may affect or require changes to the Services.

7.3.2 Inform Scottish Ministers as soon as reasonably practicable if they become aware of any deficiency in the quality of the Services delivered under this Agreement and take steps to resolve such issues.

7.3.3 Be responsible for the effective identification and management of risks arising from the delivery of the Services.

8. Service Delivery Standards

8.1 The Services will be delivered in accordance with the Service Delivery Standards set out below.

8.1.1 Social Security Scotland will contact DWP via the secure dedicated email inboxes below.

Social Security Scotland Inbox	DWP Inbox
[Redacted]	[Redacted]

8.1.2 Details of the specific data being shared can be found in the section 4 (Derivation) of this Agreement.

8.1.3 Social Security Scotland will confirm the award status qualifying benefit for the carer and the cared for person when the information is not available in the [Redacted], as detailed in Annexes 1 to 3.

8.1.4 Social Security Scotland and DWP will share appointee information where there is a shared client as detailed in Annexes 4 to 7.

8.1.5 Where a request for a [Redacted] is identified, Scottish Ministers and DWP will follow the process to provide each other with relevant information as detailed in Annex 8.

Inboxes for each party are as follows:

Social Security Scotland Inbox	DWP Inboxes
[Redacted]	[Redacted]

8.1.6 When a decision has been made by Social Security Scotland to award YCG to a carer who does not have a National Insurance Number, each party will follow the process as detailed in Annex 9.

8.1.7 The turnaround time for responding to secure e-mail enquiries relating to the processes, as detailed in Annexes 1 to 9, will be as soon as reasonably practical and within 5 working days. For any enquiries, which are complex and are off-system the turnaround time will be 10 working days.

8.1.8 Scottish Ministers and DWP will confirm with either party the control measures associated with [Redacted], as detailed in Annex 10 and Annex 11.

8.1.9 The turnaround time for responding to dedicated email enquiries relating to [Redacted] will be 2 working days, as detailed in Annex 10 and Annex 11.

Inboxes for each party are as follows:

Social Security Scotland Inbox	DWP Single Inbox
[Redacted]	[Redacted]

8.1.10 The turnaround time for responding to dedicated email enquiries for Carer’s Allowance (CA), Disability Living Allowance (DLA), Personal Independence Payment (PIP) and Attendance Allowance (AA) will be 3 working days.

8.1.11 The turnaround time for responding to dedicated email enquiries for Industrial Injuries Scheme (IIS) will be 10 working days as IIS is a clerically maintained benefit.

8.1.12 Misdirected post (including clerical claims) received in error will be returned to sender within 24 hours or as soon as reasonably practicable.

8.1.13 The agent-to-agent e-mail service will be available from 8.00 am to 6.00 pm Monday to Friday excluding Public and Privilege Holidays.

8.2 Escalation will be between SPoCs at team management level, between Social Security Scotland and DWP operational teams in appropriate cases including, but not limited to:

8.2.1 Where Service Delivery Standards have not been met.

8.2.2 Where there are cases when the normal Service Delivery Standards would have an unacceptable impact on the client.

8.2.3 When Social Security Scotland business continuity plans are invoked which would impact a higher number for anticipated enquiries to DWP.

SG Escalation SPoC	DWP Escalation SPoC
[Redacted]	[Redacted]

9. Fraud

9.1 Fraud processes are being developed in a test and learn environment and are under continuous review by DWP and Social Security Scotland. Each party should refer to their operational guidance for current processes.

9.2 The agreed method to transfer data will be as detailed in the ‘[Redacted] Data Sharing Agreement’ as referenced in Section 4 (Derivation) of this Agreement. There will be no transfer of referrals that cannot be conducted by e-mail.

9.3 As soon as each party identifies a fraud interest affecting the other party, all necessary information shall be sent over as soon as reasonably practicable.

9.4 Referrals in the form of Word documents will be transferred by secure e-mail:

DWP transfer to Social Security Scotland	Social Security Scotland transfer to DWP
[Redacted]	[Redacted]

10. Management Review

10.1 Each party will act transparently and work in a practical way in the spirit of co-operation, trust, respect and confidentiality in regards to any issues that may arise. In general, the working arrangements covered by this Agreement should be reviewed at least every twelve (12) months during the period this Agreement is in place. This may involve meetings between each party at a working level.

11. Evaluation

11.1 Each party agrees that no personal data will be shared for the purposes of evaluation.

11.2 Scottish Ministers will be wholly responsible for the evaluation of YCG.

Each party will work together to ensure the agreed service standards are delivered.

12. Complaints

12.1 Each party will follow their defined BAU Customer/Client complaints procedures.

13. Service Design and Delivery

13.1 It is understood by each party that the design of the Services will evolve.

Each party agrees to inform the other as soon as reasonably practicable of any changes with its own legislation relating to YCG that may impact on or require changes to the delivery of YCG or the Services.

13.2 Scottish Ministers will deliver YCG while seeking continuous improvement in delivery as part of BAU processes. Each party will work to ensure cost-effective delivery; subject to the overarching financial arrangements as referenced in Section 4 (Derivation) of this Agreement and as described in the ‘Scottish Devolution: Financial Arrangements for Formal Agreements between Department for Work and Pensions and Scottish Ministers’.

14. Communications

14.1 Communications in relation to YCG will be as in the agreed document Section 4 (Derivation) of this Agreement.

15. Financial Arrangements

15.1 DWP will recharge Scottish Ministers agreed costs associated with the delivery of the Services. The agreed financial arrangements and costs are contained in the ‘Scottish Devolution: Financial Arrangements for Formal Agreements between Department for Work and Pensions and Scottish Ministers’ as referenced in Section 4 (Derivation) of this Agreement.

16. Audit Arrangements

16.1 DWP and Scottish Ministers will abide by the principles of audit and accountability as set out in the document ‘Scottish Devolution: A Framework for Audit and Accountability’ as referenced in Section 4 (Derivation) of this Agreement.

16.2 DWP and Scottish Ministers remain subject to their overall existing accountabilities to, respectively, the UK and Scottish Parliaments, and their associated audit bodies.

16.3 DWP and Scottish Ministers will abide by the principles in ‘The Agreement between the Scottish Government and the United Kingdom Government on the Scottish Government fiscal framework’ as referenced in Section 4 (Derivation) of this Agreement: Paragraph 39 which states that ‘All costs incurred by the UK Government where the Scottish Government is expected to meet the cost will be subject to audit.'

17. Data Processing

17.1 Further details of the data controller, and roles and responsibilities of Scottish Ministers and DWP in relation to the sharing of personal data, are set out in the ‘[Redacted] Data Sharing Agreement’ as referenced in Section 4 (Derivation) of this Agreement.

18. Freedom of Information Requests, Parliamentary Questions, Ministerial Correspondence and ‘Treat Official’ Correspondence

18.1 Each party is to follow existing processes and obligations for requests to that party, and having regard to the ‘MoU on Devolution' as well as the ‘Concordat between the Department for Work and Pensions and the Scottish Government’ as referenced in Section 4 (Derivation) of this Agreement.

18.2 Each party will assist and cooperate with each other where appropriate to enable each to meet its obligations.

18.3 This Agreement does not supersede any legal obligations under the Freedom of Information Act 2000 (FoIA) and the Freedom of Information (Scotland) Act 2002 (FoI(S)A).

SG FOI(S)A contact

FoI@gov.scot

DWP FOI Contact

Freedom-of-information-request@dwp.gov.uk

19. Data Subject Requests

19.1 The parties will work together, when appropriate, and are expected to comply with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA 2018) and must respond to right of access requests accordingly.

19.2 DWP agrees to inform Scottish Ministers as soon as possible (within 3 working days) of all right of access requests received from Data Subjects requesting copies of data held by Scottish Ministers. Where necessary, DWP will assist Scottish Ministers in processing the requests in line with the requirements of the UK GDPR and DPA 2018.

19.3 Scottish Ministers agree to inform DWP as soon as possible (within 3 working days) of all right of access requests which may be received from Data Subjects requesting copies of data held by DWP. Where necessary, Scottish Ministers will assist DWP in processing the requests in line with the requirements of the UK GDPR and DPA 2018.

Address details below:

Social Security Scotland Data Protection Team
Data Protection Officer
PO Box 10298
Dundee
DD1 9FS
[Redacted]

DWP Right of Access Request
Right of Access Gateway Team
Post Handling Site A
Wolverhampton
WV98 2EF
[Redacted]

19.4 Details of the specific data being shared can be found in the ‘[Redacted] Data Sharing Agreement’, as referenced in Section 4 (Derivation) of this Agreement.

20. Business Continuity

20.1 If DWP or Social Security Scotland business continuity plans are invoked which affect the Services, the party invoking their business continuity plan will advise the other party of the issue, impact and resulting action as soon as reasonably practicable. Individual continuity plans are in place in DWP and Social Security Scotland and communication points of contact are in place in respective business continuity teams.

21. Technical Capabilities

21.1 Each party will, as soon as reasonably practicable, inform the other party of any proposed changes to its IT environment that would impact on the delivery of YCG. Each party will thereafter cooperate with the other to minimise the impact of such changes will have on delivery of YCG and the [Redacted], as referenced in Section 4 (Derivation) of this Agreement.

22. Signatories

Signed: [Redacted]

Print Name: James Wallace

Date: 03/05/2023

A duly authorised officer for and on behalf of the Scottish Ministers

Signed: [Redacted]

Print Name: Helga Swidenbank

Date: 03/05/2023

A duly authorised officer for and on behalf of the Secretary of State for the Department for Work and Pensions

Signed: [Redacted]

Print Name: Vikki Knight

Date: 02/05/2023

A duly authorised officer for and on behalf of the Secretary of State for the Department for Work and Pensions

Signed: [Redacted]

Print Name: [Redacted] (obo Margarita Morrison)

Date: 04/05/2023

A duly authorised officer for and on behalf of the Secretary of State for the Department for Work and Pensions

Signed: [Redacted]

Print Name: Martin Brown

Date: 03/05/2023

A duly authorised officer for and on behalf of the Secretary of State for the Department for Work and Pensions

Annex 1 – Confirmation of Qualifying Benefit [Redacted]

Annex 2 – Confirmation of Qualifying Benefit for Cared for Person [Redacted]

Annex 3 – Confirmation of Qualifying Benefit for Cared for Person [Redacted]

Annex 4 – New Appointees [Redacted]

Annex 5 – New Appointees [Redacted]

Annex 6 – Existing Appointees [Redacted]

Annex 7 – Existing Appointees [Redacted]

Annex 8 – [Redacted]

Annex 9 – [Redacted]

Annex 10 – [Redacted]

Annex 11 – [Redacted]

Annex 12 – Glossary of Terms

The Glossary defines various words, abbreviations and phrases which have specific meanings in the context of this Agreement. Unless otherwise provided or the context otherwise requires, the following expressions have the meanings set out below.

AA

Attendance Allowance

BAU

Business as usual

Commencement Date of Young Carer Grant

The date in 2019 on which delivery of YCG Services commenced

[Redacted]

[Redacted]

DLA

Disability Living Allowance

DPA 2018

Data Protection Act 2018

DWP

Department for Work and Pensions

FOI(A)

Freedom of Information Act 2000

FOI(S)A

Freedom of Information (Scotland) Act 2002

GDPR

General Data Protection Regulations

[Redacted]

[Redacted]

IIS

Industrial Injuries Scheme

MoU

Memorandum of Understanding

PIP

Personal Independence Payment

Resident in Scotland

Ordinarily resident in Scotland or either in the EEA or Switzerland with a genuine and sufficient link to Scotland.

Public & Privilege holiday

All public and privilege dates in England and Scotland including regional specific dates in Social Security Scotland Agency.

Service Delivery Standards

The service delivery standards to be met by DWP for the delivery of the Services as set out at Para 8.

Services

Has the meaning set out in Para 2

SG

Scottish Government

SM/SSWP Single MoU

Memorandum of Understanding between Scottish Ministers and the Secretary of State for Work and Pensions dated January 2023 as amended.

SLA

Service Level Agreement

SM

Scottish Ministers

[Redacted]

[Redacted]

SPoC

Single Point of Contact

[Redacted]

[Redacted]