Social Security (Amendment) (Scotland) Act 2025

18 Information for audit of social security system

(1) The 2018 Act is modified as follows.

(2) After section 87A insert—

“Information for audit of social security system

87B Obtaining information for audit

(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.

87C Right to seek withdrawal of information request

(1) An individual who has received a request for information under section 87B(1) may, before the end of the period prescribed by the Scottish Ministers in regulations, ask the Scottish Ministers to withdraw the request.

(2) The Scottish Ministers may only withdraw the request for information if the individual has a good reason for it to be withdrawn.

(3) It is for the Scottish Ministers to decide whether, for the purpose of subsection (2), an individual has a good reason for the request to be withdrawn.

(4) The Scottish Ministers must make a decision under subsection (3) before the end of the period prescribed by the Scottish Ministers in regulations.

(5) Regulations under subsection (4) may also make provision about cases where the Scottish Ministers fail to make a decision under subsection (3) within the period prescribed in the regulations.

(6) The Scottish Ministers’ decision under subsection (3) is final.

(7) Having made a decision under subsection (3), the Scottish Ministers must inform the individual concerned—

(a) of the decision,

(b) of the reasons for it,

(c) that the decision is final, and

(d) if the decision is that there is a good reason for withdrawal, that the request for information is withdrawn.

(8) The Scottish Ministers must fulfil their duty under subsection (7) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

(9) Where the Scottish Ministers decide under subsection (3) that an individual has a good reason for withdrawal, they must withdraw the request for information.

87D Right to support for response to request

(1) The Scottish Ministers must comply with an individual’s wish to have another person (“a supporter”) present during any interview, telephone call, video call, drafting of a written response or any other form of provision of a response relating to a request to provide information under section 87B(1), unless the wish is unreasonable.

(2) The Scottish Ministers’ duty under subsection (1) includes ensuring that any person acting on their behalf complies with such a wish, unless the wish is unreasonable.

(3) The role of a supporter is to support the individual during the interview, telephone call, video call, drafting of a written response or (as the case may be) other form of provision of a response, and includes making representations on the individual's behalf.

(4) Nothing in this section is to be read as requiring the Scottish Ministers to provide or pay for a supporter.

87E Right to advocacy

(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.”.

(3) In schedule 11 (suspension of assistance), in paragraph 1(1)(a), after “54(1A)” insert “or 87B(7)”.