Estimating fraud and error within the Scottish social security system

Overview

Since the establishment of Social Security Scotland in 2018, Scotland has created a social security system founded on dignity, fairness, and respect. The system has grown quickly, now delivering seventeen benefits, including seven unique to Scotland, supporting around one in three people. This represents a major investment in the people of Scotland and our commitment to social security as a human right, essential to the realisation of other human rights.

As the system expands, the responsibility to ensure public funds are managed appropriately also increases. Audit Scotland has emphasised the need for robust processes to measure and report levels of fraud and error across all benefits. Understanding these levels is essential for maintaining public confidence, supporting accountability to Parliament, and ensuring resources reach the people they are intended to help. It also enables the identification of weaknesses in systems or training, helps prevent underpayments and overpayments, and supports better value for money. In response to these recommendations, Social Security Scotland reviewed approaches used elsewhere in the UK and internationally, and developed a methodology based on regular sampling, review, and analysis of cases.

To implement this methodology effectively, new legal powers were required to allow information to be requested directly from individuals selected for review. These are now provided by Part 7 of the Social Security (Amendment) (Scotland) Act 2025. This consultation seeks views on the secondary legislation needed to put these powers into practice - covering exemptions, safeguards, and the operational process for case reviews. The aim is to produce timely, reliable, and repeatable measures of fraud and error, while ensuring the approach remains fair, proportionate, and minimises any burden on clients.

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Consultation questions preview Consultation questions preview

The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.

Question 1: Do you agree or disagree that a written response should be required where other methods - face to face, telephone, or video - have been considered and are not appropriate?

Question 2: Do you agree or disagree that a written response should be required where official documents e.g. a passport, birth certificate or supporting evidence, are required to verify a fact?

Question 3: Do you think there are any other circumstances where a written response would be appropriate?

Question 4: Do you agree or disagree with the proposal that individuals whose benefit had a recent determination (within the last 3 months) should not be required to provide fresh information for audit?

Question 5: Do you agree or disagree with the proposal that an individual who has already provided information for audit within last 12 months for any benefit should not be required to provide fresh information for audit?

Question 6: Do you agree or disagree with the proposal that an individual whose entitlement to a benefit is already actively under review should not be required to provide fresh information for audit?

Question 7: Do you agree or disagree with the proposal that an individual whose entitlement to a benefit is due to be considered within the next 3 months should not be required to provide fresh information for audit?

Question 8: Do you agree or disagree with the proposal that an individual who is entitled to benefit but is not receiving any payments because it has been suspended or nil rated should not be required to provide fresh information for audit?

Question 9: Are there any other categories of individual you think should not be required to provide fresh information for audit that have not been identified in the proposed categories?

Question 10: Do you agree or disagree that 14 days (two calendar weeks), which may be extended where there are additional support needs, is sufficient time within which to request that the request for information be withdrawn?

Question 11: Do you agree or disagree that 28 days (four calendar weeks) is a reasonable timeframe for Social Security Scotland to respond to a request to withdraw a request for information?

Question 12. Can you think of any impacts on people with protected characteristics that could result from our proposals, that we should consider?

Question 13. Can you think of any impacts on children and young people that could result from our proposals, that we should consider?

Question 14. Can you think of any impacts on island communities that could result from our proposals, that we should consider?

Question 15. Can you think of any socio-economic impacts that could result from our proposals, that we should consider?

Question 16. Do you agree that there are no likely business or regulatory impacts resulting from our proposals?

Question 17. Do you agree that there are no likely impacts on consumers resulting from our proposals?

Useful information about responding to this consultation Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.

An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.

You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).

Why your views matter

In 2025, we created new powers through the Social Security (Amendment) (Scotland) Act allowing Social Security Scotland to require that a small subset of individuals receiving benefits provide information needed to audit the system.

This consultation seeks further views on the detail of regulations required to implement those powers. Your feedback will help shape a system that continues to uphold Scotland’s social security principles while meeting the highest standards of integrity, accountability and efficiency.

Give us your views

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