Draft Order laid before the Scottish Parliament under sections 150(2) and 150A(2) of the Social Security Administration Act 1992 for approval by resolution of the Scottish Parliament.
2022 No.
Social Security
The Social Security Up-rating (Scotland) Order 2022
Made 2022
Coming into force in accordance with article 1(2), (3) and (4)

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 150(9), 150A(6), and 189(1) and (4) of the Social Security Administration Act 1992 and all other powers enabling them to do so.
1992 c. 5. The function of making an order to up-rate or restate the rate of carers’, disability and industrial injuries benefits transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46) as read with sections 22(2) and 32 of the Scotland Act 2016 (c. 11). Section 22(2) of that Act inserted exceptions into the social security reservation in Head F1 of Part 2 of Schedule 5 of the Scotland Act 1998 relating to carers’, disability and industrial injuries benefits. Section 22(2) was brought into force on 17 May 2017 by S.I. 2017/455, subject to transitional arrangements set out in S.I. 2017/444 which provided that pre-commencement functions would not transfer to the Scottish Ministers until the occurrence of a specified event or date. The transitional arrangements in respect of carers’ benefits were ended by the commencement of section 81 of the Social Security (Scotland) Act 2018 (asp 9) on 3 September 2018 (see S.S.I. 2018/250). The transitional arrangements in respect of disability benefits and industrial injuries benefits ended on 31 March 2020 (see regulation 4 of S.I. 2017/444). Accordingly, in so far as the functions under sections 150 and 150A are exercisable within devolved competence for various benefits, they are now exercisable by the Scottish Ministers instead of by the Secretary of State. Section 189(1) of the Social Security Administration Act 1992 (c. 5) was amended by paragraph 109(a) of schedule 7, and schedule 8, of the Social Security Act 1998 (c. 14) (“the 1998 Act”), paragraph 57 of schedule 3 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and schedule 6 of the Tax Credits Act 2002 (c. 21). Section 189(4) was amended by section 86, paragraph 109(c) of schedule 7, and schedule 8 of the 1998 Act and article 4 and Part 1 of the schedule of S.I. 2013/252.
As required by section 150(1)(a)(i), 150(1)(b), 150(1)(o) and 150A(1)(c) of the Social Security Administration Act 1992, the Scottish Ministers have carried out a review and it appeared to the Scottish Ministers that the general level of prices and earnings was greater at the end of the period under review than it was at the beginning of the period.
A new section 150(1)(a)(i) was substituted by section 6(1) and (2)(a) of the Pensions Act 2007 (c. 22).
Section 150(1)(o) was amended by paragraph 17 of schedule 9 of the Welfare Reform Act 2012 (c. 5).
Section 150A was inserted by section 5(1) of the Pensions Act 2007 and amended by paragraphs 8, 19 and 82 of Schedule 12 to the Pensions Act and S.I. 2014/2888. Section 150A(1) was modified by section 1 of the Social Security (Up-rating of Benefits) Act 2021 (c. 32).
In accordance with sections 150(2) and 150A(2) of that Act a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.
Section 1 of the Social Security (Up-rating of Benefits) Act 2021 provides that, in relation to the tax year ending with 5 April 2022, section 150A is to have effect as if it includes the modifications to subsection (2) provided for by subsection (2)(a) of that Act.