Social Security (Scotland) Act 2018, Section 86B is up to date with all changes known to be in force on or before 20 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Before the end of each financial year, having calculated in accordance with section [F386A] the inflation-adjusted level of each relevant figure F4...the Scottish Ministers must bring forward legislation to replace any relevant figure F5... 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).
[F6(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 F7... “relevant figure” is to be construed in accordance with section [F886A(3)].
Textual Amendments
F1S. 86B heading substituted (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 17(4)(b), 27(2); S.S.I. 2025/119, reg. 2, sch.
F2S. 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
F3Word in s. 86B(1) substituted (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 17(3)(a)(i), 27(2); S.S.I. 2025/119, reg. 2, sch.
F4Words in s. 86B(1) repealed (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 17(3)(a)(ii), 27(2); S.S.I. 2025/119, reg. 2, sch.
F5Words in s. 86B(1) repealed (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 17(3)(a)(iii), 27(2); S.S.I. 2025/119, reg. 2, sch.
F6S. 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
F7Words in s. 86B(4) repealed (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 17(3)(b), 27(2); S.S.I. 2025/119, reg. 2, sch.
F8Word 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
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