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Social Security (Scotland) Act 2018

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Social Security (Scotland) Act 2018, Section 87B is up to date with all changes known to be in force on or before 25 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F187BObtaining information for auditS

This section has no associated Explanatory Notes

(1)The Scottish Ministers may request an individual who is entitled to assistance by virtue of this Act to provide, within such period as Ministers specify in the request, information about—

(a)the individual’s entitlement to assistance, and

(b)the payment of assistance to the individual.

(2)A request under subsection (1) may only be made for the purposes of—

(a)auditing the monetary value of error and fraud in the Scottish social security system, and

(b)carrying out corrections of apparent errors and investigations into potential fraud (and other activities connected to auditing).

(3)Information received in response to a request under subsection (1) may only be used for the purposes mentioned in subsection (2).

(4)The Scottish Ministers may require the response to a request under subsection (1) to take the form of—

(a)an interview in person,

(b)a telephone call or a video call,

(c)in circumstances prescribed by the Scottish Ministers in regulations, a written response, or

(d)such other form of response prescribed by the Scottish Ministers in regulations.

(5)The Scottish Ministers may by regulations prescribe categories of individuals who are not to be requested to provide information under subsection (1).

(6)Before making regulations under subsection (5), the Scottish Ministers must consult publicly on the categories of individuals who are not to be requested to provide information under subsection (1).

(7)If an individual fails to provide the requested information by the end of the period specified in the request under subsection (1), the Scottish Ministers may issue a decision to suspend the assistance to the individual in accordance with regulations under section 51(2)(aa).

(8)Where the Scottish Ministers issue a decision to suspend the assistance to the individual under subsection (7) they must, at the same time, make a further request under subsection (1) that the individual provide them with the information within such further period as they specify.

(9)Subsections (7) and (8) may apply more than once in respect of the same individual.]

Textual Amendments

F1Ss. 87B-87E and cross-heading inserted (15.12.2025 for specified purposes) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 18(2), 27(2); S.S.I. 2025/377, reg. 2

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