Draft Order laid before the Scottish Parliament under sections 150(2), 150A(2) and 190(1) of the Social Security Administration Act 1992, for approval by resolution of the Scottish Parliament.

2023 No.

Social Security

The Social Security Up-rating (Scotland) Order 2023

Made2023

Coming into force in accordance with article 1(2), (3) and (4)

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 150(9) and 150A(6) of the Social Security Administration Act 19921 and all other powers enabling them to do so.

As required by section 150(1)(a)(i)2, 150(1)(b) and 150(1)(o)3 of that Act, the Scottish Ministers have carried out a review and it appeared to them that the general level of prices was greater at the end of the period under review than it was at the beginning of the period.

As required by section 150A(1)(c)4 of that Act, the Scottish Ministers have also carried out a review and it appeared to them that the general level of earnings was greater at the end of the period under review than it was at the beginning of the period.

In accordance with sections 150(2), 150A(2) and 190(1)(a)5 of that Act a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation1

1

This Order may be cited as the Social Security Up-rating (Scotland) Order 2023.

2

Subject to paragraphs (3) and (4), this Order comes into force on 1 April 2023.

3

Article 2 comes into force, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1 April 2023.

4

Articles 3, 4, 5, 6(1)(b), 7, 8 and 9 come into force on 10 April 2023.

5

In this Order—

“the 1992 Act” means the Social Security Contributions and Benefits Act 19926,
“benefit week” has the same meaning as in regulation 2(1) of the Social Security Benefit (Computation of Earnings) Regulations 19967.

Earnings limits2

In section 80(4) of the 1992 Act8 (earnings limits in respect of child dependency increases)—

a

for “£255.00”, in both places where it occurs, substitute “£280.00”,

b

for “£34.00” substitute “£37.00”.

Rate of attendance allowance and date on which changes take effect3

1

In the table in Part III of schedule 4 (non-contributory periodical benefits) of the 1992 Act9—

a

in paragraph (a) of entry 1 (higher weekly rate of attendance allowance), for “£92.40” substitute “£101.75”,

b

in paragraph (b) of entry 1 (lower weekly rate of attendance allowance), for “£61.85” substitute “£68.10”.

2

The increases made by paragraph (1) take effect on 10 April 2023.

Rate of severe disablement allowance and age related addition and date on which changes take effect4

1

In the table in Part III of schedule 4 (non-contributory periodical benefits) of the 1992 Act10—

a

in entry 2 (weekly rate of severe disablement allowance), for “£83.75” substitute “£92.20”,

b

in entry 3—

i

in paragraph (a) (higher weekly rate of the age related addition), for “£12.55” substitute “£13.80”,

ii

in paragraph (b) (middle weekly rate of the age related addition), for “£6.95” substitute “£7.65”,

iii

in paragraph (c) (lower weekly rate of the age related addition), for “£6.95” substitute “£7.65”.

2

The increases made by paragraph (1) take effect on 10 April 2023.

Mandatory restatement and increase of rates of carer’s allowance and date on which changes take effect5

1

In schedule 4 (rates of benefits) of the 1992 Act11—

a

in entry 4 of the table in Part III (weekly rate of carer’s allowance), for “£69.70” substitute “£76.75”,

b

in the second column of entry 9 of the table in Part IV (increase for qualifying child for carer’s allowance), “11.35” remains unchanged.

2

The increase made by paragraph (1)(a) takes effect on 10 April 2023, subject to paragraph (3).

3

Where arrangements have been made by or on behalf of the Scottish Ministers for carer’s allowance to be paid on a Wednesday, the increase takes effect on 12 April 2023.

Mandatory restatement and increase of rates for dependants payable with severe disablement allowance and date on which change takes effect6

1

In entry 8 of the table in Part IV of schedule 4 (increases for dependants)12 of the 1992 Act—

a

in the second column (increase for qualifying child for severe disablement allowance), “11.35” remains unchanged,

b

in the third column (increase for adult dependant for severe disablement allowance), for “£41.20” substitute “45.35”.

2

The increase made by paragraph (1)(b) takes effect on 13 April 2023.

Rates of industrial injuries benefit and date on which changes take effect7

1

The sums specified in Part V of schedule 413 (rates of industrial injuries benefit) of the 1992 Act are amended so that Part V has effect as set out in the schedule of this Order.

2

The increases made by paragraph (1) take effect on 10 April 2023 except those set out in the following entries in the schedule—

a

entry 1 (the weekly rates of disablement pension),

b

entry 4 (the maximum of aggregate of weekly benefit payable for successive accidents under section 107(1) of the 1992 Act),

c

entries 7, 8 and 12 (increases in disablement pension and industrial death benefit in respect of dependants),

d

entry 9 (the maximum disablement gratuity under paragraph 9(2) of schedule 7 of the 1992 Act),

e

entries 10 and 11 (the weekly rates of industrial death benefit by way of widow’s and widower’s pension),

which take effect on 12 April 2023.

Rate of disability living allowance8

In regulation 4 (rate of benefit) of the Social Security (Disability Living Allowance) Regulations 199114—

a

in paragraph (1)(a), for “£92.40” substitute “£101.75”,

b

in paragraph (1)(b), for “£61.85” substitute “£68.10”,

c

in paragraph (1)(c), for “£24.45” substitute “£26.90”,

d

in paragraph (2)(a), for “£64.50” substitute “£71.00”,

e

in paragraph (2)(b), for “£24.45” substitute “£26.90”.

Rate of personal independence payment9

In regulation 24 (rate of personal independence payment) of the Social Security (Personal Independence Payment) Regulations 201315—

a

in paragraph (1)(a), for “£61.85” substitute “£68.10”,

b

in paragraph (1)(b), for “£92.40” substitute “£101.75”,

c

in paragraph (2)(a), for “£24.45” substitute “£26.90”,

d

in paragraph (2)(b), for “£64.50” substitute “£71.00”.

NameAuthorised to sign by the Scottish MinistersSt Andrew’s House,EdinburghDate

SCHEDULEINCREASES TO PART V OF SCHEDULE 4 OF THE 1992 ACT

Article 7

Description of benefit, etc.	Rate
1. Disablement pension (weekly rates).	For the several degrees of disablement set out in column (1) of the following Table, the respective amounts in column (2) of that Table.
	Degree of disablement		Amount
	(1)		(2)
	Percent		£
	100		207.60
	90		186.84
	80		166.08
	70		145.32
	60		124.56
	50		103.80
	40		83.04
	30		62.28
	20		41.52
2. Maximum increase of weekly rate of disablement pension where constant attendance needed.	(a)	except in cases of exceptionally severe disablement	£83.10
	(b)	in any case	£166.20
3. Increase of weekly rate of disablement pension (exceptionally severe disablement).			£83.10
4. Maximum of aggregate of weekly benefit payable for successive accidents.			£207.60
5. Unemployability supplement under paragraph 2 of schedule 7.			£128.40
6. Increase under paragraph 3 of schedule 7 of weekly rate of unemployability supplement.	(a)	if on the qualifying date the beneficiary was under the age of 35 or if that date fell before 5th July 1948	£26.60
	(b)	if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and had not attained pensionable age before 6th April 1979	£26.60
	(c)	if heads (a) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 45	£17.10
	(d)	if heads (a), (b) and (c) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979	£17.10
	(e)	in any other case	£8.55
7. Increase under paragraph 4 of schedule 7 of weekly rate of disablement pension.			£11.35
8. Increase under paragraph 6 of schedule 7 of weekly rate of disablement pension.			£76.75
9. Maximum disablement gratuity under paragraph 9 of schedule 7.			£13,780.00
10. Widow’s pension (weekly rates).	(b)	higher permanent rate	£156.20
	(c)	lower permanent rate
	(c)	30 per cent of the first sum specified in section 44(4) (Category A basic retirement pension) (the appropriate rate being determined in accordance with paragraph 16 of schedule 7)
11. Widower’s pension (weekly rate).			£156.20
12. Weekly rate of allowance in respect of children and qualifying young persons under paragraph 18 of schedule 7.	In respect of each child or qualifying young person		£11.35

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for an increase in the various rates of carer’s allowance, attendance allowance, disability living allowance, industrial injuries disablement benefit, industrial death benefit, severe disablement allowance, and personal independence payment. Article 2 comes into force on the first day of the first benefit week to commence for a particular beneficiary on or after 1 April 2023. Articles 3, 4, 5, 6(1)(b), 7, 8 and 9 come into force on 10 April 2023. All other articles in this order come into force on 1 April 2023. Articles 3, 4, 5, 6 and 7 set out the dates on which certain increases take effect.

Articles 5 and 6 include mandatory re-statements of amounts of payments which are not to be increased. These give effect to the requirement in section 150(2)(c) of the Social Security Administration Act 1992 to re-state amounts of payments that are not being increased.

Article 2 amends section 80(4) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) to provide increases in the earnings limits which relate to child dependency increase. This is an additional payment payable to a recipient of carer’s allowance who is entitled to receive child benefit in relation to a child or children. It is payable only to those with transitional protection. Child dependency increase was abolished by section 1(3)(e) and schedule 6 of the Tax Credits Act 2002 but saved for transitional cases by article 3 of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003. Given that child benefit is payable, in certain circumstances, until a child reaches the age of 20, child dependency increase is potentially payable until 2023.

Article 3 amends Part III of schedule 4 of the 1992 Act to provide increases in both the higher and lower weekly rates of attendance allowance.

Article 4 amends Part III of schedule 4 of the 1992 Act to provide increases in the weekly rate of severe disablement allowance and all three weekly rates of the age related addition of that allowance.

Article 5 amends Part III and Part IV of schedule 4 of the 1992 Act to provide for the increase in the weekly rate of carer’s allowance. It also re-states the weekly rate of carer’s allowance increase for a qualifying child.

Article 6 amends Part IV of schedule 4 of the 1992 Act to increase the rates for adult dependants payable with severe disablement allowance. It also re-states the rate of increase for a qualifying child.

Article 7 amends Part V of schedule 4 of the 1992 Act to amend various weekly rates of industrial injuries benefit, as set out in the schedule.

Article 8 amends regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 to increase the five weekly rates, as divided across both the care and mobility components, of disability living allowance.

Article 9 amends regulation 24 of the Social Security (Personal Independence Payment) Regulations 2013 to increase the four weekly rates, as divided across both the daily living and mobility components, of personal independence payment.

No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.