PART 4

FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

Information for audit of social security system

Obtaining information for audit
87B
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.
Ss. 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