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Section 86B Duty to uprate assistanceF1F9F2

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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).

(F62)

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).

Annotations

Textual amendments

F1

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

F2

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

F3

Word 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.

F4

Words in s. 86B(1) repealed (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 17(3)(a)(ii), 27(2); S.S.I. 2025/119, reg. 2, sch.

F5

Words in s. 86B(1) repealed (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 17(3)(a)(iii), 27(2); S.S.I. 2025/119, reg. 2, sch.

F6

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

F7

Words in s. 86B(4) repealed (10.5.2025) by Social Security (Amendment) (Scotland) Act 2025 (asp 2), ss. 17(3)(b), 27(2); S.S.I. 2025/119, reg. 2, sch.

F8

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

F9

S. 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.

Notes on Uprating for inflation

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