PART 4

FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

Information for audit of social security system

Right to advocacy
87E
1
Every individual to whom subsection (3) applies has a right of access to independent advocacy in connection with the individual’s engagement with the process for a request for information under section 87B(1).
2
It is the duty of the Scottish Ministers to ensure that independent advocacy services are available to the extent necessary for that right to be exercised by the individuals who have it.
3
This subsection applies to an individual if, owing to a disability, the individual requires an advocate’s help to engage effectively with the process for a request for information under section 87B(1).
4
For the purposes of this section—
a
“
advocacy services
” means services of support and representation that are made available for the purpose of enabling an individual to whom they are provided to have as much control of, or capacity to influence, the individual’s engagement with the process of a request for information under section 87B(1) as is, in the circumstances, appropriate,
b
advocacy services are independent if they are provided by a person other than the Scottish Ministers.
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