Social Security (Scotland) Act 2018 (asp 9)

PART 4 S FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

[F1 Uprating for inflation] S

Textual Amendments

F1 S. 86A cross-heading inserted (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(5), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

[F2 86A] Duty to consider effects of inflation S

(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―

[F3 (a) a figure prescribed as the value, or part of the value, of the assistance that is to be given to an individual in regulations under—

(i) any section in Chapter 2 of Part 2, or

(ii) section 79, 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—

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).

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 86A: s. 77 renumbered as s. 86A (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(3), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

F3 S. 86A(3)(a) substituted (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(6)(a), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

F4 S. 86A(6) repealed (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(6)(b), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

[F6 86B] [F5 Duty to uprate certain types of assistance] S

(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, F7 ...

(d) the funeral expense assistance regulations, [F8 and

(e) the Scottish Child Payment Regulations 2020,]

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).

[F9 (2) The reference in subsection (1) to bringing forward legislation to replace a figure is a reference to laying before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations that would have the effect of replacing the figure.]

(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 [F10 86A(3)].

Textual Amendments

F5 S. 86B title substituted (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(8), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

F6 S. 86B: s. 78 renumbered as s. 86B (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(4), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

F7 Word in s. 86B(1) repealed (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(7)(a)(i), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

F8 S. 86B(1)(e) and word inserted (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(7)(a)(ii), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

F9 S. 86B(2) substituted (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(7)(b), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2

F10 Word in s. 86B(4) substituted (11.10.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 7(7)(c), 18(2)(3) (with s. 8); S.S.I. 2021/338, reg. 2