Social Security (Scotland) Act 2018

Valid from 30/10/2019

CHAPTER 7 S UPRATING FOR INFLATION

77 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―

(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—

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.

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