Social Security (Scotland) Act 2018

55 Requirement to justify assessment requests

(1) This section applies to a request for information from an individual under section 54(1) if fulfilling the request would require the individual to undergo an assessment.

(2) When making the request, the Scottish Ministers must inform the individual why they consider requiring the individual to undergo an assessment to be the only practicable way to obtain the information.

(3) If the individual would have to undergo a face-to-face assessment in order to fulfil the request, when making the request the Scottish Ministers must also inform the individual what consideration they have given to—

(a) any preference the individual has expressed to them concerning where and how assessments are carried out,

(b) whether the assessment could be carried out another way,

(c) what distance (if any) they expect the individual will have to travel in order to attend the assessment,

(d) the extent to which travelling to attend the assessment may—

(i) cause the individual distress, or

(ii) adversely affect the individual’s health.

(4) In subsection (3), “face-to-face assessment” means an assessment involving—

(a) the individual, and

(b) the assessor,

being physically in the same place at the same time.