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Welfare Funds (Scotland) Bill and Options for Second Tier Review. Outline of the Bill. Outlines the purpose of the Fund. Places a duty on LAs to deliver an SWF in line with regulations and any supplementary statutory guidance.
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Welfare Funds (Scotland) Bill and Options for Second Tier Review
Outline of the Bill • Outlines the purpose of the Fund. • Places a duty on LAs to deliver an SWF in line with regulations and any supplementary statutory guidance. • makes outline provision for the review of disputed cases. • Outlines requirements for reporting • Allows SG to provide funding – may or may not be ring fenced.
Permanent Arrangements – Aspects not open to change • Delivery by Local Government • Grants not loans • Discretionary budget-limited scheme - prioritising applications according to need • Provision of goods as well as grants
Review – Purpose and Characteristics Characteristics of First and Second Tier Review • Transparency, fairness and accessibility • Timeliness, recognising the circumstances of the applicant • High quality, impartial, free to use and independent • Quick to operate, making sound and accurate decisions • Effective communication • Proportionate and cost effective Purpose of Second Tier Review • To ensure that the correct decisions are being made and that the guidance for the Fund is being followed. • To identify whether the SWF guidance and local policy is being consistently applied and feed back to LAs where it is not. • To identify where the SWF guidance is having unintended consequences so that these can be rectified. • To give confidence to the applicant that the SWF is subject to impartial scrutiny and add credibility to the Fund as a whole.
Current Review Arrangements • Developed in a tight timeframe and with no additional funding • Not possible to replicate Social Fund Arrangements. • Collaborative approach with stakeholders and experts • Not independent but steps taken to make panels impartial • Lessons learned
Designing Review – Balancing Priorities Advantages of local arrangements vs Advantages of independence Designing a proportionate approach vs Achieving all the objectives of review
3 Options: • A panel based in Local Government, with mandatory independent membership • Scrutiny of decisions by the Scottish Public Services Ombudsman, with or without additional powers • A tribunal, administratively supported by the Scottish Tribunal Service.
Points for Consultation • Does the Draft Bill cover the right ground? • Which aspects of the SWF framework should be in regulations? • Have we identified the right purpose and characteristics of review? • What sort of issues are most likely to present at second tier review? • Which, of the three options, is the best arrangement for undertaking second tier review.
How to Respond to the Consultation • Responses by 7 February 2014 • Use the Respondent Information Form and send to: SWFDraftBill-consultation@scotland.gsi.gov.uk Or, in hard copy to the SWF Team – address in the consultation paper.