Information regarding various benefit regulations within Social Security Scotland: FOI release

Information requested

In a recent report by Audit Scotland it says “Social Security Scotland has not had the same powers as DWP to require individuals to provide information for the purposes of reviewing cases to estimate levels of client error and fraud. A change in legislation was required to give those greater powers and this took time to go through the Scottish Parliament. The Social Security (Amendment) (Scotland) Act 2025 gave the necessary powers to mandate client participation and provision of information in estimation exercises. However, before Social Security Scotland can conduct any work, each benefit regulation needs to be amended. The Scottish Government policy team is responsible for amending the regulations but has not given timescales for when each benefit will be ready” (page 30 Adult Disability Payment)

Based on these remarks made by the Audit Scotland, I am requesting the following information:

1. The number of meetings to date that Scottish Government officials have had in relation to amending the regulations of each benefit.

If possible please state how many meetings have been held to discuss regulation amendment for each separate benefit.

2. Confirmation of whether or not work has been started by Scottish Government officials to amend each benefit regulation. If the work has start then please state the date on which that work began.

3. Confirmation of whether or not Scottish Government officials have a timescale of when each benefit is expected to be ready.

Please note in this request (request 3) I am not asking for the timescale (date) itself, just confirmation of whether or not there is one.

4. If there has been an agreed timescale for each benefit then please reveal when each benefit is expected to be ready.

Response

No information has been identified within the scope of the first and second questions of your request. However, you may find it helpful to know that during stage two of the parliamentary procedure, in response to feedback from the Social Justice and Social Security Committee, the Scottish Government lodged an amendment specifying that prior to Section 18 of the 2025 Act being implemented, a statutory consultation would be necessary. This will inform the categories of individuals who are not to be requested to provide information for audit. Work is in hand on the regulations that are needed for that consultation to proceed. These are expected to be laid in  Parliament before the forthcoming Scottish Parliament elections. The consultation will similarly begin before those elections. After the consultation closes, the legislation required to implement the provisions will be introduced. We expect the consultation will help to guide us on the proposed approach to, and timetable for implementation of, the provisions.

Given the above, and in response to your third question, there is no timescale for each benefit as of yet.

In response to your fourth question, please see the answer to question three above.

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.