Social Security Scotland and Secretary of State (DWP) information sharing agreements: FOI release

Information requested

Section 34 of the Scotland Act 2016 does give Social Security Scotland the power to request information from the DWP. This section deals with the sharing of information between the UK government and the Scottish government in relation to social security functions.

Specifically, it states that:

Information held by the Secretary of State (DWP) for the purpose of a social security function may be supplied by the Secretary of State to the Scottish Ministers (Social Security Scotland) for use for the purpose of a relevant Scottish social security function.

This means that if the DWP holds information that Social Security Scotland needs to carry out its functions, they can request that information.

Request for information 1: Can I please request the protocols and guidelines in place to govern how this information sharing works.

Request for information 2: Also, the specific instances that Social Security Scotland uses these processes when a claimant cannot provide proof of identity.

Response

Request for information 1:

There are a number of Data Sharing Agreements which set out what personal data is shared between DWP and the Scottish Ministers and how we will do that. This is in accordance with the Memorandum of Understanding between Scottish Ministers and Secretary of State for Work and Pensions: Information Sharing - Memorandum of Understanding (MoU) Between Scottish Ministers (SM) and Secretary of State for Work and Pensions (SSWP) on joint working arrangements - gov.scot

Please find attached most of the information which you have requested. Information which is out with the scope of your request has been redacted from the documents.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. One Data Sharing Agreement document relating to prevention, detection and investigation of social security fraud has been withheld in its entirety. Disclosing this information would substantially prejudice our ability to prevent, detect and investigate fraud. Established fraud risk management theory maintains that a threat actor’s decision to commit fraud is informed by their assessment of three main factors: motivation, rationalisation and opportunity. The assessment of a threat actor’s opportunity relates to the perceived ease of achieving success balanced against the risk of detection and severity of punishment. Increased opportunity to exploit vulnerabilities, and/or decreased risk of detection and punishment (or simply a perception of this) will have directly aggravating impacts on our fraud risk profile – increasing the number of threat actors who would seek to test our defences which could in turn undermine the effectiveness of our fraud response due to those increased volumes of attacks. Social Security Scotland is exposed to risk from criminal threat actors. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting the process of securely administering and delivering benefits to the people of Scotland and ensuring that the Scottish Government is able to conduct this aspect of its business effectively.

Request for information 2:

We have interpreted your request to be for information on instances where Social Security Scotland would request data from the Department for Work and Pensions if one of our clients was unable to pass identity verification checks.

While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have the information you have requested. Where a client has been unable to pass identity verification checks, there is no circumstance in which we would request data from the Department of Work and Pensions to assist with that.

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

In some circumstances, it may be appropriate to arrange an in-person appointment where a client has been unable to pass identity verification checks.

The information contained within prior FOI release Social Security Scotland (SSS) verification policy and procedures: FOI release - gov.scot may be helpful to you.

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.

FOI 202500453728 - Information Released - Annex

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