Consultation on the Investigation of Offences regulations and Code of Practice for Investigations

Overview

The Social Security (Scotland) Act 2018 sets out social security offences that may be committed, at sections 71 - 73.  These include obtaining social security assistance by deceit and failing (or causing another person to fail) to notify a change of circumstances. 

Social Security Scotland will be responsible for investigating allegations or suspicions of fraud, so it will be important to do this effectively in a way that is fair, objective, and presumes innocence.  Section 75 of the Act gives Scottish Ministers a power to make provision for the investigation of offences through regulations and Section 76 requires that a Code of Practice covering the use of these regulatory powers must be consulted on and published.

Why your views matter

The Scottish Government is consulting on a draft Code of Practice for Investigations and Investigation of Offences regulations.  We are seeking views from any organisation or individual with an interest in these matters to ensure that the regulations are proportionate, and the Code of Practice reflects the underpinning principle of the Scottish social security system - that people will be treated with dignity and respect.

Download the consultation paper.

What happens next

The Scottish Government will review the responses to the consultations and if required adjust the regulations in light of public consultation. The regulations will then be presented for Scottish Parliament's consideration under negative and affirmative procedure.