Adult Disability Payment queries: FOI release

Information requested

Request for information 1 –

In case no ‘Adult Disability Payment’ is granted, is there a difference in what is being reported to other countries, for example, is no reporting done in case no payment will be done?

Request for information 2 –

In order that ‘Adult Disability Payment’ can be paid into an EEA country, one needs to have a link to Scotland. In terms of assessing ‘significant part of life’, how many years or what percentage of domicile does that mean?

Request for information 3 –

Is the ‘significant part of life’ assessed on domicile, residency, physical presence, immigration status, or something else?

Request for information 4. –

In terms of assessing other links to Scotland, do the applicant’s activities matter, and if so, what sort of activities?

Request for information 5 –

Is it possible for a person to receive several social security benefits from several EEA countries?

Request for information 6 –

Is it possible for the amount of ‘Adult Disability Payment’ be reduced in amount, and in which cases? For example, if one does not have been in Scotland for too many years, or if one receives benefits abroad.

Request for information 7 -

Is there an ‘E-mail address’ which can be used to contact ‘Social Security Scotland’ with all matters in case the person who needs to contact is unable to use any telephone where voice is recorded?

Request for information 8 –
In case the person above informs ‘Social Security Scotland’s data protection’ of an impairment which means the person cannot use the telephone where voice is recorded, will this request be honoured, and if so, will it be done under acts related to against discrimination because of disability, or because of any other ground?

Response

Request for information 1 –

Yes. In the case of clients covered by the European Union rules on social security coordination, reporting is done to the relevant European Economic Area member state if no daily living component is awarded as a result of the United Kingdom not being the client’s competent state. In this scenario, Social Security Scotland would ask Department of Work and Pensions to use the Electronic Exchange of Social Security Information (EESSI) system to inform the relevant European Economic Area member state of the decision that the United Kingdom is not competent.

If the United Kingdom is deemed competent, no reporting would be done to other countries.

More information on competent state can be found in the linked guidance at the bottom of this response.

Request for information 2 –

There is no statutory definition of a genuine and sufficient link to Scotland and so there is no definitive amount of time, number of years or percentage of life that automatically qualifies a client as having one. Rather the decision maker should look at the whole picture of the client’s life in order to make an assessment of genuine and sufficient link to Scotland. This is addressed further in response to question four.

Request for information 3 –

All of the above should be considered when assessing the client’s genuine and sufficient link to Scotland. This is addressed further in response to question four.

Request for information 4 –

Activities do matter, and some examples are listed below. This list is not exhaustive.

The factors to consider include whether the individual:

• has spent a significant part of their life
• works, or has previously and paid social security or tax contributions
• has any bank accounts or other financial products
• has the right to any rented or owned property
• has any family members living
• has frequent contact with those family members in the place in question.

The aim is to test for both a factual, hence ‘genuine’ and sufficient connection to Scotland, which is more than incidental or minor. The decision-maker must take into account all relevant evidence that it is established. Such evidence may include:

• the relationship between the applicant and the host Member State
• family circumstances
• other personal circumstances.

More information on genuine and sufficient link can be found in the linked guidance at the bottom of this response.

Request for information 5 –

Yes, depending on the benefits being received and their classification. Some benefits are ‘exportable’ and can be claimed from European Economic Area countries other than the one in which the individual currently lives. A person could be, for example, in receipt of a social assistance benefit in one European Economic Area member state (or the United Kingdom), and also be eligible to receive a disability benefit or state pension from another European Economic Area member state (or the United Kingdom), depending on their circumstances.

Request for information 6 –

Adult Disability Payment has two components – the daily living component and the mobility component. The mobility component is a special non-contributory benefit and as such cannot be exported to other countries, and so if a client is receiving Adult Disability Payment and living in a European Economic Area country, Switzerland or Gibraltar, they can receive the daily living component, but not the mobility component. Conversely, if a client lives in Scotland and is covered by the EU rules on social security coordination but the United Kingdom is not their competent state, they may still be entitled to the mobility component of Adult Disability Payment. These factors can therefore impact the amount a client might receive.

Request for information 7 -

Social Security Scotland does have some email address that can be used for specific enquiries. Please note that there is no one email address that is used to deal with all matters. You can find our current public facing email addresses and forms on our website linked below -

Social Security Scotland - Contact

You may also find it helpful to know we also offer webchat to communicate with our clients.

Online web chat - Social Security Scotland

Request for information 8 –

Calls are set to record by default within our telephony system. Some staff, such as our Health and Social Care Practitioners, have the ability to turn off call recording. Other teams may also have this if they have a formal agreement with the Data Protection Team.

Notes will always be left on our case management system on the content of the call regardless if recording is turned off.

If an individual informs Social Security Scotland of a communication need then we will seek to accommodate this as laid out in Part 1, Section 4 of the Social Security (Scotland) Act 2018.

We would assess any request for communication based on a disability or ‘impairment’ on a case-by-case basis, working within the parameters of the agreed policies and procedures. We would seek to find a solution that worked for both the Agency and the client. Social Security Scotland has a commitment to comply with the Equality Act 2010 and Public Sector Equality Duties.

In this specific scenario it would depend on the circumstances, and it does not mean that we would consider switching off telephone recording appropriate in every instance as there may be a more appropriate way of communicating. This includes via webchat, letter or face to face.

Further Information -

You may find it useful to refer to our Decision Making Guidance for Adult Disability Payment below. This will provide additional information to aid in understanding our responses to your questions at points one to six.

Link to our Decision Making Guide section on GSL: ADP-DMG-Residence-and-Presence.pdf

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.