PART 2

GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 7

UPRATING FOR INFLATION

Duty to consider effects of inflation
77
1
Before the end of each financial year, the Scottish Ministers must—
a
calculate the inflation-adjusted level of each relevant figure,
b
prepare a report that complies with subsection (2),
c
lay a copy of the report before the Scottish Parliament, and
d
make the report publicly available by such means as the Ministers consider appropriate.
2
A report prepared under subsection (1)(b) complies with this subsection if it—
a
states what the Scottish Ministers have most recently calculated to be the inflation-adjusted level of each relevant figure,
b
explains how the Ministers calculated the inflation-adjusted levels, and
c
states what (if anything) the Ministers have done, or intend to do, in light of their calculations and their reasons for that decision.
3
In this section, “relevant figure” means―
a
a figure prescribed in regulations under any section in Chapter 2 as the value, or part of the value, of the assistance that is to be given to an individual, but
b
not a figure which is so prescribed to apply only in respect of periods that have ended, or events that occurred, before a particular date.
4
The inflation-adjusted level of a figure prescribed in regulations is to be calculated for the purposes of this Chapter as follows—
f × (1 + i/100)
where—
- f is the figure prescribed, and
- i is the number of percentage points which the Scottish Ministers consider reflects the change in the general level of relevant prices since a copy of a report was last laid before the Scottish Parliament under subsection (1)(c).
5
It is for the Scottish Ministers to decide what prices are “relevant prices” in terms of subsection (4).
6
For the purposes of preparing the first report under subsection (1)(b), the reference in subsection (4) to the last time a copy of a report was laid before the Scottish Parliament is to be read as a reference to the date on which the figure in question was prescribed.

Duty to uprate carer’s, disability, employment-injury and funeral expense assistance
78
1
Before the end of each financial year, having calculated in accordance with section 77 the inflation-adjusted level of each relevant figure prescribed in—
a
the carer’s assistance regulations,
b
the disability assistance regulations,
c
the employment-injury assistance regulations, and
d
the funeral expense assistance regulations,
the Scottish Ministers must bring forward legislation to replace any relevant figure prescribed in those regulations which is, in their opinion, materially below its inflation-adjusted level with a figure of at least that level (subject to any rounding they think appropriate).
2
For the purpose of subsection (1), bringing forward legislation means laying before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument (or instruments) containing regulations under each power mentioned in subsection (4).
3
If the Scottish Parliament approves a draft instrument laid before it by the Scottish Ministers in fulfilment of their duty under subsection (1), the Ministers must make the regulations contained in the draft instrument.
4
In this section—
- “carer’s assistance regulations” means regulations under section 28,
- “disability assistance regulations” means regulations under section 31,
- “employment-injury assistance regulations” means regulations under section 33,
- “funeral expense assistance regulations” means regulations under section 34,
- “relevant figure” is to be construed in accordance with section 77(3).