FOI/202400432918 · FOI · partially withheld
Pension Age Winter Heating Payment: FOI release
Information requested
1. A copy of the first internal government response to the consultation feedback. In other words, the first document circulated to the Cabinet and FM on the response from the consultation and the options the Scottish Government had going forward.
2. A copy of Scottish Government internal communications (either in letter or email form) that shows the decision-making process regarding the payment being or not being means tested and overall eligibility criteria. Please note the means testing was a highlighted issue in the consultation therefore I expect the Scottish Government will have discussed the issue privately at length.
3. The date on which the Scottish Government agreed what the eligibility criteria would be for the payment and who made the decision.
4. A copy of the rationale for the decision about the eligibility criteria.
Response
The answer to your questions are:
1. A copy of the first internal government response to the consultation feedback. In other words, the first document circulated to the Cabinet and FM on the response from the consultation and the options the Scottish Government had going forward.
2. A copy of Scottish Government internal communications (either in letter or email form) that shows the decision-making process regarding the payment being or not being means tested and overall eligibility criteria. Please note the means testing was a highlighted issue in the consultation therefore I expect the Scottish Government will have discussed the issue privately at length.
The Scottish Government made clear its intention to deliver Pension Age Winter Heating Payment on a like-for-like basis in the consultation that ran between 15 October 2023 and 15 January 2024, which you can find at: https://www.gov.scot/isbn/9781835214831.
I enclose a copy of most of the information you requested.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under s. 38(1)(b) (personal information) of FOISA applies to that information. Disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
We are also unable to provide some of the information you have requested because an exemption under s. 29(1)(a) (formulation or development of government policy) of FOISA applies to that information. It has been determined that the public interest is better served by withholding this information in this instance.
Some of the information contained within the enclosed document fell outwith the scope of your request and has been redacted as out of scope.
3. The date on which the Scottish Government agreed what the eligibility criteria would be for the payment and who made the decision.
On 29 July 2024, the UK Government made its announcement, without any consultation with the Scottish Government, to restrict the eligibility criteria of Winter Fuel Payments to recipients of Pension Credit and other means-tested benefits.
The Scottish Government announced its decision to defer delivery and revisit the eligibility criteria for Pension Age Winter Heating Payment on 14 August 2024.
4. A copy of the rationale for the decision about the eligibility criteria.
The of the information you have requested is available from the Scottish Government's letter to the Social Justice and Social Security Committee, which you can find at: https://www.parliament.scot/-/media/files/committees/social-justice-and-social-security-committee/correspondence/2024/winter-fuelpayment--cabinet-secretary-for-social-justice-14-august-2024.pdf.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
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.
Detected exemption language
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under s. Disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. We are also unable to provide some of the information you have requested because an exemption under s. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.