SD 228 AGENCY AGREEMENT BETWEEN THE SECRETARY OF STATE FOR WORK AND PENSIONS AND THE SCOTTISH MINISTERS IN RESPECT OF DISABILITY LIVING ALLOWANCE FOR PEOPLE RESIDENT IN SCOTLAND V1.0 Page 1 of 15 Key Name Role Personnel Author Department for Work and Pensions (DWP) Scottish Devolution Programme [REDACTED] Scottish Government Formal Agreements Co-ordinator Scottish Government Formal Agreements Co-ordinator Approver Teresa McHugh DWP Programme Director, Scottish Devolution Programme Lisa Baron-Broadhurst Scottish Government Programme Director, Social Security Directorate Owner John-Paul Marks DWP Director General, Work and Health Emma Haddad DWP Director General, Service Excellence James Wallace Social Security Scotland, Deputy Director, Finance and Corporate Services Document change control Version Date Summary of changes issued 1.0 26.02.20 Agreement baselined Page 2 of 15 TABLE OF CONTENTS 1. THE AGREEMENT .................................................................................................... 4 2. PURPOSE .................................................................................................................. 4 3. DURATION................................................................................................................. 4 4. DERIVATION ............................................................................................................. 5 5. DELIVERY OF DISABILITY LIVING ALLOWANCE............................................... 6 6. REVISIONS AND CHANGES TO DISABILITY LIVING ALLOWANCE ................ 7 7. DISPUTES.................................................................................................................. 7 8. LITIGATION ............................................................................................................... 7 9. BUSINESS CONTINUITY ......................................................................................... 9 10. MANAGEMENT INFORMATION.............................................................................. 9 11. FINANCIAL ARRANGEMENTS ............................................................................. 10 12. AUDIT ....................................................................................................................... 10 13. OPERATIONAL ENGAGEMENT ........................................................................... 10 14. COMMUNICATIONS ............................................................................................... 10 15. FREEDOM OF INFORMATION REQUESTS, PARLIAMENTARY QUESTIONS, MINISTERIAL CORRESPONDENCE AND ‘TREAT OFFICIAL’ CORRESPONDENCE ............................................................................................. 11 16. RIGHTS OF DATA SUBJECTS ............................................................................. 11 17. DATA CONTROLLER ARRANGEMENTS ............................................................ 12 18. SIGNATORIES ........................................................................................................ 14 Page 3 of 15 1. THE AGREEMENT 1.1 This Agency 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 (DWP) and the Scottish Ministers of Victoria Quay, Edinburgh EH6 6QQ. 1.2 References to the Scottish Government, the Scottish Ministers or Social Security Scotland will, as appropriate, be read as also including reference to each of the other entities. 2. PURPOSE 2.1 Pursuant to section 93 of the Scotland Act 1998, the Secretary of State for Work and Pensions may perform on behalf of the Scottish Ministers functions specified under the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2018 – Statutory Instrument (S.I.) 626/2018. The Scottish Ministers have asked and the Secretary of State for Work and Pensions agrees to perform those functions, in accordance with this Agreement, insofar as they relate to the delivery of Disability Living Allowance1 to people resident in Scotland. 3. DURATION 3.1 This Agreement will become effective immediately upon transfer of executive competence for Disability Living Allowance to the Scottish Ministers. In accordance with the Scotland Act 2016 (Transitional) Regulations 2017 – S.I. 444/2017, transfer of executive competence for Disability Living Allowance will take place on 1 April 2020. This Agreement will be effective for three (3) years from the commencement date (`the Term`). Accordingly, and subject to earlier termination in accordance with its terms, it is anticipated that this Agreement will remain effective until 31 March 2023. 3.2 This Agreement may be varied by mutual written agreement of both parties at any time during the Term or any extension to the Term. Both parties will review this Agreement twelve (12) months after its commencement and set out any changes in a revised Agreement, but any extension will be in accordance with the terms below. 3.3 Should the Scottish Ministers require DWP to continue to carry out functions in relation to Disability Living Allowance beyond the Term, the Term may be extended a maximum of two (2) times, each for a period of one (1) year on the same terms as set out in this Agreement. In the event the Scottish Ministers require the Term of this Agreement to be extended, the Scottish Ministers will 1 Disability Living allowance includes DLA for children under the age of 16; DLA for young adults aged 16 and 17 in certain circumstances; working age adults (age 16 to State Pension age) and DLA for pensioners (State Pension age and over) including those who are still within scope of being invited to claim PIP because they were under the age of 65 and in receipt of DLA on 8 April 2013. Page 4 of 15 provide written notice to DWP at least twelve (12) months in advance of the Term end date. 3.4 No less than twelve (12) months prior to the end of the Term, or the end of any extension to the Term, DWP and the Scottish Ministers will have agreed an exit plan for the orderly transition of the delivery of Disability Living Allowance to the Scottish Ministers or, in practice, Social Security Scotland which will deliver the services for the Scottish Ministers. DWP and Social Security Scotland will maintain and update the exit plan throughout the Term or any extension to the Term. 3.5 If either party wishes to terminate this Agreement before the end of the Term, or the end of any extension to the Term, a period of twelve (12) months’ written notice will be given to the other party. 4. DERIVATION 4.1 This Agreement forms an annex to the ‘Memorandum of Understanding between the Scottish Ministers (SM) and Department for Work and Pensions (DWP) 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 will 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 Date Concordat between The Department for Work and July 2010 Pensions and Scottish Government Memorandum of Understanding and Supplementary Agreements on Devolution between the United Kingdom Government, the Scottish Ministers, the Welsh Ministers, October 2013 and the Northern Ireland Executive Committee (MoU on Devolution) Memorandum of Understanding between the Scottish Ministers (SM) and Department for Work and Pensions (DWP) on joint working arrangements covering the January 2019 implementation of devolved provisions in the Scotland Act 2016 relating to Social Security and Employment Support Services in Scotland (DWP/SM Single MoU) The agreement between the Scottish Government and the United Kingdom Government on the Scottish February 2016 Government’s fiscal framework Scottish Devolution: A Framework for Audit and March 2019 Accountability Scottish Devolution: Financial Arrangements for Formal Date of signing of this Agreements and Financial Summary to support Disability Agreement Living Allowance Agency Agreement DWP and Scottish Government Joint Communications July 2017 Framework Page 5 of 15 Agency Agreement between the Secretary of State for Date of signing of this Work and Pensions and the Scottish Ministers in respect Agreement of Personal Independence Payment for people resident in Scotland 5. DELIVERY OF DISABILITY LIVING ALLOWANCE 5.1 DWP will, on behalf of and as agreed with the Scottish Ministers, continue to process new claims to Disability Living Allowance for an interim period, [REDACTED] 5.2 [REDACTED] 5.3 [REDACTED] 5.4 The delivery of Disability Living Allowance includes delivery of all associated functions such as administration of the award, notifying other parts of DWP that an award of benefit has been made, settling, in part or in full, payments due under an arrangement for the hire or purchase of a vehicle to Motability, handling queries on individual claims and general enquiries, debt recovery action and investigating information that would indicate fraud and/or error has occurred. This list is not exhaustive. 5.5 Information on DWP Disability Living Allowance can be found in the DWP Decision Makers Guide. This is an approved guide to help Disability Living Allowance Case Managers make decisions. It is a plain English representation of social security law and case law. It can be found on www.gov.uk at Decision Makers Guide Decision Makers Guide Vol 10 Ch61 - Disability Living