Corporate report

Carer's Allowance in Scotland: Agency Agreement

Updated 30 April 2025

Version 6

Key personnel Name Role
[REDACTED] [REDACTED]
Owner Barbara Bennett DWP Director General, Operations
Owner Stephanie Devenny Deputy Director, Finance and Corporate Services, Social Security Scotland

[REDACTED]

1. The Agreement

1.1. This Agency Agreement (hereafter referred to as 바카라 사이트this Agreement바카라 사이트) is entered into between the Secretary of State for Work and Pensions acting through the Department for Work and Pensions of Caxton House, Tothill Street, London, SW1H 9NA (DWP) and the Scottish Ministers of St Andrew바카라 사이트s House, Regent Road Edinburgh, EH1 3DG.

1.2. References to the Scottish 바카라 사이트 (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.

1.4. DWP and Scottish Ministers each constitute a 바카라 사이트Party바카라 사이트 and together constitute the 바카라 사이트Parties바카라 사이트.

2. Purpose

2.1. Pursuant to Section 93 of the Scotland Act 1998, the Secretary of State forWork and Pensions may perform, on behalf of the Scottish Ministers, functions specified under the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2018 바카라 사이트 Statutory Instrument (S.I.) 2018/626. 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 Carer바카라 사이트s Allowance to people resident in Scotland.

3. Duration

3.1. The Initial Agreement commenced on 3 September 2018 immediately upontransfer of executive competence for Carer바카라 사이트s Allowance to the ScottishMinisters, in accordance with the Scotland Act 2016 (Transitional) Regulations 2017 바카라 사이트 S.I. 2017/444.

3.2.1. A further Agency Agreement (바카라 사이트the 2023 Agreement바카라 사이트) was effective from 1 January 2023 and remained effective up to and including 31 March 2025.

3.3. This Agreement replaces the 2023 Agreement. It shall be effective from and including 1 April 2025 (바카라 사이트the Commencement Date바카라 사이트) and, unless terminated earlier in accordance with its terms, will remain effective up to and including 31 March 2026 (바카라 사이트the Term바카라 사이트).

3.4. This Agreement may be varied, to include affecting a termination of this Agreement, by mutual written Agreement of both Parties at any time during the Term.

3.5. DWP and the Scottish Ministers have agreed a case transfer plan for the orderly transfer of existing claims for Carer바카라 사이트s Allowance for claimants resident in Scotland from DWP to the Scottish Ministers or, in practice, Social Security Scotland which will deliver the services for the Scottish Ministers. During the Term of this Agreement, case transfer will include any residual cases and any cross border activity where a customer changes address from England/Wales to Scotland. DWP and the Scottish Ministers will have also agreed a business transition plan providing for the orderly transition of any other functions exercised under this Agreement from DWP to the Scottish Ministers and an orderly exit, at the end of the Term, from the agency arrangements set out in this Agreement.

4. Derivation

4.1. This Agreement forms an annex to the 바카라 사이트Memorandum of Understandingbetween the Scottish Ministers and Secretary of State for Work and Pensions on joint working arrangements covering the implementation of devolved provisions in the Scotland Act 2016 relating to Social Security and Employment Support Services in Scotland바카라 사이트, 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 Version/Date
Concordat between The Department for Work and Pensions and Scottish 바카라 사이트 March 2020
Memorandum of Understanding and Supplementary Agreements on Devolution between the United Kingdom 바카라 사이트, the Scottish Ministers, the Welsh Ministers, and the Northern Ireland Executive Committee (MoU on Devolution) October 2013
Memorandum of Understanding (MoU) 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 (SM/SSWP Single MoU) January 2023
The Agreement between the Scottish 바카라 사이트 and the United Kingdom 바카라 사이트 on the Scottish 바카라 사이트바카라 사이트s Fiscal Framework August 2023
Scottish Devolution: A Framework for Audit and Accountability March 2019
Scottish Devolution: Financial Arrangements for Formal Agreements. October 2023
DWP and Scottish 바카라 사이트 Joint Communications Framework December 2023

The Agreements cited below were an annex to the 바카라 사이트SM/SSWP Single MoU바카라 사이트 as referenced above and should be consulted for details of the earlier arrangement agreed.

Initial Agency Agreement (including variations of that Agreement agreed from time to time) between the Secretary of State for Work and Pensions and the Scottish Ministers in respect of Carer바카라 사이트s Allowance for People Resident in Scotland September 2018
The 2023 Agreement (including variations of that Agreement agreed from time to time) between the Secretary of State for Work and Pensions and the Scottish Ministers in respect of Carer바카라 사이트s Allowance for People Resident in Scotland January 2023

5. Delivery of Carer바카라 사이트s Allowance

5.1. Prior to the launch of Carer Support Payment in November 2023, DWP, on behalf of and as agreed with, the Scottish Ministers, continued toprocess new claims to Carer바카라 사이트s Allowance for an interim period, whilst theScottish 바카라 사이트 prepared to take new applications to Carer Support Payment. Carer Support Payment launched for new applications in November 2023 and was extended to further areas in June and August 2024 and became available nationally from November 2024. The administration of Carer바카라 사이트s Allowance in Scotland was consistent with the delivery of Carer바카라 사이트s Allowance and its related functions under the same procedures that cover the delivery of Carer바카라 사이트s Allowance to people resident in England and Wales.

5.2. Under an agreed programme of case transfer during the term of this Agreement, all relevant Carer바카라 사이트s Allowance claimants resident in Scotland will transfer to Social Security Scotland from DWP. During the term of this Agreement, case transfer will include residual cases and any cross border activity where a customer changes address from England/Wales to Scotland.

5.3. During the term of this Agreement, DWP will, on behalf of and as agreed with the Scottish Ministers, continue to deliver an operational service for people resident in Scotland with existing Carer바카라 사이트s Allowance claims, consistent with the delivery of Carer바카라 사이트s Allowance and its related functions under the same procedures that cover the delivery of Carer바카라 사이트s Allowance paid to people resident in England and Wales. This Agreement covers all people resident in Scotland and in receipt of Carer바카라 사이트s Allowance during the Term of this Agreement. This includes any residual cases and any cross border activity,바카라 사이트where a customer changes address from England/Wales to Scotland.

5.4. For the avoidance of doubt, this means that the Scottish Ministers will not request changes to the DWP business as usual procedures and processes.

5.5. The delivery of Carer바카라 사이트s 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, handling queries on individual claims and general enquiries, debt recovery action and investigating information that would indicate fraud and/or error has occurred on a claim. This list is not exhaustive.

5.6. Information on the DWP Carer바카라 사이트s Allowance can be found in the DWP DecisionMakers Guide. This is an approved guide to help Carer바카라 사이트s Allowance CaseManagers make decisions. It is a plain English representation of socialsecurity law and case law. It can be found on www.gov.uk at:

Decision Makers Guide

Decision Makers Guide 바카라 사이트 Vol. 10 Chapter 60 바카라 사이트 Carer바카라 사이트s Allowance

5.7.Any recent updates and/or amendments to this guidance can be found at DWP Decision Makers Guide

5.8. During the Term, Carer바카라 사이트s Allowance cases including residual cases and any cross border activity, where a customer changes address from England/Wales will transfer to Social Security Scotland from DWP. Social Security Scotland will create new client awards based on the existing DWP award components and rates. Cases will be transferred based on selection criteria and transfer processes which will be jointly agreed between DWP and the Scottish 바카라 사이트.

5.9. This Agreement relates to Carer바카라 사이트s Allowance as delivered by DWP on behalfof Scottish Ministers, it does not relate to Carer Support Payment. For the Term of this Agreement, the Scottish 바카라 사이트 will maintain parity with DWP바카라 사이트s rates of Carer바카라 사이트s Allowance as part of the normal up-rating cycle.

5.10. For the Term of this Agreement, the Scottish 바카라 사이트 will maintain parity with DWP in terms of the eligibility criteria to all Carer바카라 사이트s Allowance claims.

5.11. There will be no difference in the application of debt policy to Carer바카라 사이트s Allowance as delivered in Scotland (and England/Wales) by DWP, during the Term of this Agreement. This will include but will not be limited to recovery methods and rates, hardship considerations, priority order, write-off, and waivers.

5.12. For surveillance matters, under section 8(1) of the Regulation of InvestigatoryPowers (Scotland) Act 2000 (바카라 사이트the 2000 Act바카라 사이트), individuals holding such offices, ranks and positions as are prescribed, may grant authorisations under sections 6 and 7 of that Act for the use of directed surveillance and covert human intelligence sources respectively. Article 2(2) of, and Schedule 1 to, the Regulation of Investigatory Powers (Prescription of Offices, etc. andSpecification of Public Authorities) (Scotland) Order 2010 (바카라 사이트the 2010 Order바카라 사이트),as amended in 2018 and 2020, prescribes the person(s) authorised to grantauthorisations. The Scottish Administration, of which Social Security Scotland is a part, is prescribed as a relevant public authority for the purposes ofsection 8 of the 2000 Act.

5.13. An operational process has been developed and agreed between both Parties that reflects the 2010 Order (as amended) that is in force for benefitsadministered under Agency Agreements.

6. Revisions and changes to Carer바카라 사이트s Allowance

6.1. DWP agrees to inform the Scottish Ministers as soon as practically possible ofany changes to Carer바카라 사이트s Allowance or supporting legislation that may impact onor require changes to the functions carried out on behalf of the Scottish Ministers. Both Parties would need to agree whether a revision to this Agreement is required.

6.2. Both Parties shall act transparently and will work in a practical way in resolving any issues that may arise, in the spirit of co-operation, trust, respect and confidentiality. This Agreement will be reviewed, as required, through the Joint Ministerial Working Group on Welfare.

7. Disputes

7.1. In the first instance DWP and Scottish Ministers will notify each other of any issues, concerns or complaints regarding any matter covered by this agreement. Contact will be made by the owners of this Agreement.

Scottish 바카라 사이트 DWP
Stephanie Devenny, Deputy Director, Finance and Corporate Services, Social Security Scotland, REDACTED Barbara Bennett, DWP Director General, Operations,REDACTED

7.2. The process for dispute resolution is outlined in Section 6 (Escalation) of the 바카라 사이트SM/SSWP Single MoU바카라 사이트, as referenced in Section 4 (Derivation) of this Agreement.

8. Litigation

8.1. The Scottish Ministers will notify DWP and Office of the Advocate General(OAG), by email, within three (3) working days of the receipt of any pre-actioncorrespondence, initial writ, petition or claim in the Sheriff Court or any petition for judicial review in the Court of Session in relation to Carer바카라 사이트s Allowance orany other devolved benefit which is being administered by DWP, or any legalchallenge in relation to data protection, which is raised by a person resident inScotland and/or relates to a decision or action of DWP made before the Commencement Date or made during the Term of this Agreement. DWP will conduct any such litigation on the basis of business as usual arrangements.

8.2. DWP agree to inform the Scottish Ministers, as soon as practically possible,on the progress of any judicial review or challenge in relation to data protection, or any decision in such litigation proceedings, which has an impact on the delivery of Carer바카라 사이트s Allowance or any other devolved benefit to people resident in Scotland which is being administered by DWP. DWP will conduct any such litigation on the basis of business as usual arrangements.

8.3. DWP and the Scottish Ministers agree in relation to any challenges brought ina tribunal by a claimant resident in Scotland, or where the claim relates todecisions or actions of DWP in relation to Carer바카라 사이트s Allowance that:

  • DWP will conduct any such litigation at the First tier and Upper Tribunal in accordance with their business as usual arrangements,

  • DWP will liaise, where necessary, with OAG to conduct any litigation conducted in the Upper Tribunal, and

  • Where appropriate OAG will instruct Standing Junior Counsel from the Advocate General바카라 사이트s panel or Senior Counsel authorised by the Advocate General to appear on behalf of DWP and conduct litigation in accordance with DWP policy.

8.4. The decisions or actions of DWP mentioned at paragraph 8.3 are ones which are made by DWP before the Commencement Date or during the Term of this Agreement.

8.5. Where a judicial review claim or a challenge brought in the Upper Tribunal relating to a matter covered by paragraphs 8.1, 8.2 or 8.3 above raises a devolution issue as defined in Schedule 6 of the Scotland Act 1998, DWP will, as soon as practically possible, notify the Scottish Ministers and OAG of the devolution issue. DWP and/or OAG will normally retain conduct of the litigation in accordance with the arrangements under paragraphs 8.1, 8.2 and 8.3 above. The Advocate General has a statutory role in relation to devolution issues as does the Lord Advocate. Accordingly, OAG will discuss litigation strategy in such cases with DWP and the Scottish 바카라 사이트 Legal Directorate on a case by case basis. OAG and DWP may agree that the Scottish 바카라 사이트 Legal Directorate leads on the conduct of the litigation in cases where a Scottish court or tribunal has directed that they should do so, or where the Advocate General (in consultation with DWP) and the Scottish Ministers, consider that is appropriate. Nothing in this agreement affects either the Advocate General바카라 사이트s or the Lord Advocate바카라 사이트s statutory role in relation to devolution issues.

8.6. The Scottish Ministers agree to notify DWP, by email, within three (3) workingdays of any challenge which is brought in a tribunal by a claimant resident inScotland which relates to decisions or actions of DWP in relation to Carer바카라 사이트sAllowance which were made before the Commencement Date or during the Term of this Agreement.

8.7. The Scottish Ministers agree that, within three (3) working days of initialreceipt of any correspondence, initial writ, petition or claim referred to inparagraph 8.1 above, they will issue an acknowledgement to the pursuer orclaimant noting that their correspondence, initial writ, petition or claim hasbeen forwarded to DWP and OAG. DWP will respond to any such pre-actioncorrespondence, initial writ, petition or claim in accordance with business asusual arrangements.

8.8. Where, as a result of a decision of a Tribunal or higher courts, or because DWP itself becomes aware of an administrative error which occurred prior to the Commencement Date or occurs during the Term of this Agreement, a Legal Entitlement and Administrative Practices (LEAP) exercise is necessary, or DWP suspects a LEAP exercise may be necessary then, where the LEAP exercise relates to Carer바카라 사이트s Allowance and impacts claimants resident in Scotland, DWP agrees to inform the Scottish Ministers as soon as is reasonably practicable바카라 사이트 of the need, or potential need, to conduct a LEAP exercise, the reason the exercise is required, or potentially required, the scale and scope of the exercise (if known), and how it will conduct any such LEAP exercise (if known). DWP will plan, organise and administer any such LEAP exercise in accordance with business as usual arrangements.

8.9. DWP and the Scottish Ministers agree that should there be any ongoing litigation or LEAP exercise conducted in accordance with the paragraphs above at the time the case was due to transfer, during the Term of this Agreement, that case will transfer from DWP to Social Security Scotland in accordance with the agreed case transfer process.바카라 사이트 In exceptional circumstances, if the nature of the litigation means that it is necessary or바카라 사이트appropriate not to transfer a case at the time the case was due to transfer then such case transfer may be delayed by agreement between DWP and Scottish Ministers.

8.10. When a case is transferred in circumstances described in paragraph 8.9, DWP and Scottish Ministers will co-operate until the conclusion of that litigation or LEAP exercise and Scottish Ministers will provide any documents or information as DWP may reasonably request to assist with the litigation or LEAP exercise. DWP will inform Scottish Ministers as soon as reasonably practicable of the outcome of the litigation or LEAP exercise and provide any documents or information used to support that outcome that may reasonably be required by Scottish Ministers to make any required consequential changes to a claimant바카라 사이트s entitlement (subject to any applicable Scottish regulations governing such benefit) and Scottish Ministers and DWP will cooperate as necessary to implement any such changes.

8.11. DWP and the Scottish Ministers agree that any litigation which has notconcluded at the end of the Term of this Agreement will continue to be administered by DWP, conducted in accordance with the above paragraphs,beyond the end of the Term until the conclusion of that litigation.

9. Business Continuity

9.1. If the DWP business continuity plans are invoked which affect delivery ofCarer바카라 사이트s Allowance to people resident in Scotland, DWP will advise the Scottish 바카라 사이트 Single Point of Contact (SPoC) of the issue, impact andresulting action as soon as reasonably practicable via the Single Point ofContact (SPoC) below.

REDACTED

10. Management Information

10.1. DWP and the Scottish Ministers have agreed Management Information (MI) will be supplied to Social Security Scotland to enable them to dischargeaccountabilities on the following principles relating to the delivery of Carer바카라 사이트s Allowance:

  • DWP will not create new MI reports that detail performance, specifically for claimants resident in Scotland.

  • MI will only be supplied showing performance, at a Great Britain level, of delivering the functions discharged on behalf of the Scottish Ministers. DWP will not supply data specific to Scotland, unless it is currently available and easy to access.

  • MI required to inform future delivery is outside of the scope of this Agreement.

11. Financial Arrangements

11.1. DWP will recharge the Scottish Ministers agreed Delegated Expenditure Limitcosts associated with the delivery of Carer바카라 사이트s Allowance to people resident inScotland, as detailed in the financial documents referenced in Section 4(Derivation) of this agreement.

12. Audit

12.1. DWP and the Scottish Ministers will abide by the principles of audit andaccountability as set out in the jointly agreed document 바카라 사이트Scottish Devolution: AFramework for Audit and Accountability바카라 사이트, as referenced in Section 4(Derivation) of this agreement.

12.2. DWP and the Scottish Ministers remain subject to their overall existingaccountabilities to the UK and Scottish Parliaments, and their associated auditbodies.바카라 사이트바카라 사이트

12.3. DWP and the Scottish Ministers will abide by the principles in the Agreementbetween the Scottish 바카라 사이트 and the United Kingdom 바카라 사이트 onthe Scottish 바카라 사이트바카라 사이트s fiscal framework as referenced in Section 4(Derivation) of this Agreement, Paragraph 29 of which states that 바카라 사이트All costsincurred by the UK 바카라 사이트 where the Scottish 바카라 사이트 is expected tomeet the costs will be subject to audit바카라 사이트.

12.4. DWP, Social Security Scotland, National Audit Office and Audit Scotland have agreed the Special Purpose Audit Framework is being used as set out in the 바카라 사이트Financial Arrangements for Formal Agreements바카라 사이트 document,바카라 사이트as referenced in Section 4 (Derivation) of this Agreement.

13. Operational Engagement

13.1. Both Parties will work in a practical way to promote a positive shared claimantexperience. A link between Service Delivery colleagues in Social SecurityScotland and DWP will be established to provide an opportunity for ongoingcommunication and shared understanding between officials on the operationaldelivery of Carer바카라 사이트s Allowance. Both Parties will act in the spirit of co-operation, trust, respect and confidentiality.

14. Communications

14.1. DWP, Social Security Scotland and the Scottish Ministers have agreed a communications approach ensuring a seamless claimant experience. Communications in relation to Carer바카라 사이트s Allowance will be as in the agreed document 바카라 사이트DWP and Scottish 바카라 사이트 Joint Communications Framework바카라 사이트 as referenced in Section 4 (Derivation) of this Agreement. DWP, Social Security Scotland and the Scottish Ministers have agreed the following principles:

  • Social Security Scotland will notify DWP if they are to issue any communication related to this Agreement, and of any related issues, at the earliest possible opportunity prior to publication/issue.

  • DWP will notify Social Security Scotland if they are to issue any communication related to this Agreement, and of any related issues, at the earliest possible opportunity prior to publication/issue.

14.2. DWP will not make any changes to Carer바카라 사이트s Allowance communications to distinguish between people resident in Scotland or England and Wales, other than for the purposes of data subject rights as noted in section 16 (Data Subject Rights) of this agreement. For the avoidance of doubt DWP will be operating on the basis of business as usual arrangements with regard to communications for Carer바카라 사이트s Allowance.바카라 사이트바카라 사이트바카라 사이트바카라 사이트

15. Freedom of Information Requests, Parliamentary Questions, Ministerial Correspondence and 바카라 사이트Treat Official바카라 사이트 Correspondence

15.1. 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 DWP and the Scottish 바카라 사이트 both as referenced in Section 4 (Derivation) of this Agreement.

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

15.3. This agreement does not supersede any legal obligations under the Freedomof Information Act 2000 (FoIA) and the Freedom of Information (Scotland) Act2002 (FoI(S)A).

16. Data Subject Rights

16.1. For the purposes of this Agreement, the term 바카라 사이트Data Subject바카라 사이트 will have the same meaning as in section 3 (5) Data Protection Act 2018 (DPA) and as referred to in the definition of Personal Data under Article 4 (1) General DataProtection Regulation (UK GDPR).

16.2. The terms 바카라 사이트Personal Data바카라 사이트, 바카라 사이트Controller바카라 사이트, 바카라 사이트Processing바카라 사이트 and 바카라 사이트Process바카라 사이트 will have the same meaning as in Article 4 of the UK GDPR.

16.3. All current Data Protection Legislation and guidance will apply, including butnot limited to:

(a)바카라 사이트 the UK GDPR,

()바카라 사이트t DPA 2018,

(c)바카라 사이트 regulations made under the DPA 2018,

(d)바카라 사이트 regulations made under section 2(2) of the European Communities Act1972 which relate to the EU GDPR or the Law Enforcement Directive,

(e)바카라 사이트 the Privacy and Electronic Communications (EC Directive) Regulations2003, and

(f) the guidance and codes of practice issued by the InformationCommissioner.

16.4. Requests regarding rights of a Data Subject under Chapter 3 of the UK GDPRwill be dealt with by DWP as a Controller in accordance with DWP policies.

16.5. When the Scottish Ministers receive a request pertaining to rights of a DataSubject under the UK GDPR, concerning Carer바카라 사이트s Allowance, the Scottish Ministers will acknowledge the request and will forward the said request to DWP within three (3) working days of initial receipt. The acknowledgement will inform the Data Subject that their request has been forwarded to DWP. DWP will then respond on behalf of both DWP and the Scottish 바카라 사이트, in accordance with its business as usual arrangements.

16.6. All other functions exercisable to comply with the current Data Protection Legislation, in relation to Personal Data being processed by DWP for Carer바카라 사이트sAllowance, will be exercised by DWP in accordance with its existing practices.

17. Data Controller Arrangements

17.1. DWP and the Scottish Ministers will be Joint Controllers within the meaning ofArticle 26 of the UK GDPR.바카라 사이트바카라 사이트

17.2. It is agreed between the Parties that DWP will administer Carer바카라 사이트s Allowanceon the basis of business as usual arrangements as set out under Section 5of this Agreement.

17.3. The processing of all Personal Data subject to this Agreement which isnecessary for administering Carer바카라 사이트s Allowance by DWP, will be under DWP바카라 사이트sexisting data policies. DWP바카라 사이트s Personal Information Charter can be found viathe DWP Personal Information Charter, and it contains moreinformation about how DWP handles/processes Personal Data.

17.4. For the avoidance of doubt, Scottish Ministers바카라 사이트 responsibilities under Article26(3) of the UK GDPR, will be fulfilled by referring the matter to DWP, which will respond to the Data Subject in accordance with its existing practices.

17.5. DWP in their capacity as a Joint Data Controller, as per this Agreement, willtake all reasonable steps to ensure that all personal data is up to date andaccurate. This will be done in accordance with DWP바카라 사이트s business as usualarrangements as detailed in Section 5 of this agreement.

17.6. Each Party will be responsible for ensuring that their organisation and the data processing they are responsible for is fully compliant with all current dataprotection legislation.

18. Signatories

Print name: BARBARA BENNETT

Date: 13/03/2025

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

Signed by:

Print name: STEPHANIE DEVENNY

Date: 13/03/2025

A duly authorised officer for and on behalf of Scottish Ministers

Signed by: