Social Security Scotland claimants with a criminal record: FOI release

Information requested

Request for information 1: Do Social Security Scotland ask potential benefit claimants if they have a criminal record when applying for benefit payments?

Request for information 2: If so, how many potential claimants had a criminal record in each of the past five financial years?

Request for information 3: If so, how many successful claimants had a criminal record in each of the past five financial years?

Response

Request for information 1:

Social Security Scotland do not ask potential benefit claimants if they have a criminal record when applying for benefits.

We only process personal data to carry out our legal and official functions:

• when the law allows or requires us to
• where it is necessary and proportionate to do so, for example to carry out functions under the Social Security (Scotland) Act 2018
• to administer our organisation (for example in the employment of our colleagues).

Eligibility criteria is a matter for the Scottish Government who set the eligibility for devolved benefits in line with policy objectives.

Work is undertaken by Social Security Scotland to embed a privacy by design and default approach in the processing of personal data. Data minimisation is a key part of this.

Requests for information for 2 and 3:

While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have the information you have requested. This is because clients are not asked if they have a criminal record.

This is a formal notice under section 17(1) of FOISA that Social Security Scotland does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.