3.1 The Initial Agreement which set out the agency arrangements (‘the Initial Agreement’) commenced on 1 April 2020 immediately upon transfer of executive competence for Personal Independence Payment to the Scottish Ministers in accordance with the Scotland Act 2016 (Transitional) Regulations 2017 – S.I. 2017/444. The Initial Agreement had a term of three (3) years, ending on 31 March 2023.
3.2 This Agreement shall be effective from 1 April 2023 (“the Commencement Date”) and unless terminated earlier in accordance with its terms, will remain effective up to and including 31 March 2025 (“the Term”).
3.3 This Agreement may be varied by mutual written agreement of both parties at any time during the Term. Both parties will review this Agreement twelve (12) months after the Commencement date and set out any changes in a revised Agreement.
3.4 No less than twelve (12) months before the end of the Term, DWP and the Scottish Ministers will have agreed a case transfer plan for the orderly transfer of all existing claims for Personal Independent Payments 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. This case transfer plan must provide for all case transfers to have been completed at least three months prior to the end of the Term. No less than (12) months before the end of the Term 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.
3.5 If either party wishes to terminate this Agreement before the end of the Term, a period of twelve (12) months’ written notice will be given to the other party.
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