PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 7UPRATING FOR INFLATION

77Duty to consider effects of inflation

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 )math

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.

78Duty to uprate carer's, disability, employment-injury and funeral expense assistance

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).