Pension Age Winter Heating Payment: Letter To The Social Justice And Social Security Committee
A letter from Shirley-Anne Somerville, Cabinet Secretary for Social Justice to Collette Stevenson MSP, the Convenor of the Social Justice and Social Security Committee in relation to the Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025
Annex B - Scottish Government Response to SCoSS Scrutiny Report on Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025
Responses to Recommendations
Recommendation 1
SCoSS Recommendation:
Communications from Scottish Government and Social Security Scotland should clearly state the amounts that individuals can expect to receive, and they should be able to understand how this amount may be affected by household circumstances.
Scottish Government Response:
Social Security Scotland will communicate via a range of different channels tailored to the audience. Where possible, Social Security Scotland will include details of the different tiers of payments and eligibility. Where this is not possible e.g. on a poster, the reader will be directed to the mygov website for more information.
Decision:
Accept
Recommendation 2
SCoSS Recommendation:
To avoid an assumption that a late application means someone does not require winter heating support guidance, the Scottish Government should make clear the reasons why a person may make a late application
Scottish Government Response:
As part of the overall communications plan, Social Security Scotland will ensure information in relation to late applications is included.
Decision:
Accept
Recommendation 3
SCoSS Recommendation:
The Scottish Government should amend regulation 7A(a) to refer to “any day” in the qualifying week.
Scottish Government Response:
Since officials shared the draft regulations with SCoSS on 6 March, regulation 7 (relevant benefit condition) in the principal Regulations is now omitted. We are no longer proposing to insert a reg 7A (no relevant benefit condition). These provisions are no longer needed.
Instead, regulation 10 in the principal Regulations is amended to provide that the policy for different rates of payment for means tested payments and universal payments is met.
Under regulation 10(1)(a), a means tested amount of PAWHP will be paid to those entitled to relevant benefits, or an equivalent benefit where they are part of the protected cohort and resident in a country listed in the schedule, on a day in the qualifying week. The amount will be higher for over 80s than the under 80s.
Under regulation 10(1)(b), a universal amount of PAWHP will be paid to those not entitled to relevant or equivalent benefits. Those that do not live with other entitled pensioners in the qualifying week will receive the full £100 universal payment, whereas those that live with other entitled individuals (or if they live in residential care) during the qualifying week will receive a shared rate of £50 each.
Finally, regulation 10(1)(c) will provide for the nil-rating policy where an opt-out request is in effect in terms of regulation 9A.
Decision:
Accept
Recommendation 4
SCoSS Recommendation:
For clarity, regulation 9(1)(c) should say ‘is entitled to a relevant benefit on a day in the qualifying week’ or ‘meets the relevant benefit condition’.
Scottish Government Response:
Regulation 9(1)(c) has now been updated to reflect SCoSS’s recommendation, ‘(c) an individual who is entitled to a relevant benefit throughout the qualifying week who—‘, to ensure there is no ambiguity within this provision.
Decision:
Accept
Recommendation 5
SCoSS Recommendation:
In the absence of a definition of ‘lives with’ in regulation 10, whether this includes living with a relative or friend should be clarified in public communications and guidance.
Scottish Government Response:
Social Security Scotland will communicate via a range of different channels tailored to the audience. Where possible, details of the definition of ‘lives with’ will be included within communications materials. Where this is not possible, the reader will be directed to the mygov website where further detailed information will be available.
Decision:
Accept
Recommendation 6
SCoSS Recommendation:
If the rate specified in regulation 10(b) is meant to apply to people on benefit who are under 80, regulation 10(b) should be changed to regulation 10(a)(iii).
Scottish Government Response:
Following further review of the regulations during the scrutiny period, the error in Regulation 10 has now been amended. The previous draft Regulation 10(b) is now Regulation 10(1)(a)(iii).
Decision:
Accept
Recommendation 7
SCoSS Recommendation:
Scottish Government communications should clarify the point at which an applicant would know that Social Security Scotland are not going to complete a determination without application in their case to enable someone to meet the proposed timescale for applying.
Scottish Government Response:
Communications will be issued towards the end of the period where Social Security Scotland have completed the processing of client data and issued payments automatically. Social Security Scotland will highlight the date that the majority of payments are expected to be made by and encourage people to get in touch if they have not received the payment, but think they are eligible.
Decision:
Accept
Observation and Responses to Previous Recommendations
Observation 1
We note many of the recommendations and observations from our previous reports are still relevant, specifically Recommendations 5 & 7 in our report on the draft Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024 from July 2024, and Observation 2 from our report on the draft Winter Heating Assistance (Low Income) (Scotland) Regulations 2022 in August 2022.
The previous recommendations and observations to which SCoSS refer are laid out below. The Scottish Government have re-considered and responses to individual recommendations and observations can be found below.
Recommendations and SG response in relation to the draft Winter Heating Assistance (Pension Age) Scotland Regulations 2024:
Previous Recommendation 5:
Following the launch of Pension Age Winter Heating Payment, the Scottish Government and Social Security Scotland should monitor the numbers and characteristics of people who apply for the benefit and how the application process is working in practice. Data collected should inform work with stakeholder organisations to help people understand whether they can expect to be paid Pension Age Winter Heating Payment automatically, or need to apply.
Scottish Government Response:
Social Security Scotland collects data on protected characteristics through equalities surveys, which clients complete alongside their application. This data is then used to monitor the characteristics of those applying for Social Security Scotland benefits, and to identify trends within application data. An equalities survey will be in place as part of the Pension Age Winter Heating Payment application, in order to capture this information for data monitoring. The questions within this survey provide the option ‘Prefer not to say’ and therefore any information supplied is voluntary. Equalities information gathered from applications will be released as part of routine statistical publications.
Previous Recommendation 7:
The Scottish Government should ensure provision of suitable information materials to allow people to check whether they should have received an award of Pension Age Winter Heating Payment, but did not.
Scottish Government Response:
Social Security Scotland will ensure all communication and engagement activity to support take-up of Scottish benefits including Pension Age Winter Heating Payment is inclusive, accessible and available across a range of online and offline channels.
This will include producing a range of materials including posters, factsheets and social media as well as adverts for local press and radio. Factsheets will be proactively translated into different community languages as well as British Sign Language and Easy Read. In addition, insight shows that older people expect to access information in places and services they are interacting with. Therefore, Social Security Scotland will work with stakeholders to make sure they have information they need to support older people via a series of stakeholder engagement events. Resources such as posters and factsheets will be shared with relevant stakeholders and community organisations, including GP surgeries and libraries, encouraging them to display information.
Information on eligibility and payment amounts will also be available online on the mygov.scot website.
Towards the end of the payment window, Social Security Scotland will highlight the date that the majority of payments are expected to be made by and encourage people to get in touch if they have not received the payment, but think they are eligible.
By providing clear and accessible information across a range of offline and online channels, people can access information regarding eligibility and payments for Pension Age Winter Heating Payment.
Observation and SG response in relation to the draft Winter Heating Assistance (Low Income) Scotland Regulations 2023:
Observation 1:
It is important that LIWHA is widely understood as a contribution towards winter energy costs, alongside other forms of support, and not as a payment that is intended to meet them.
Scottish Government Response:
Noted.