Delegated Powers and Law Reform Committee
Legislative Consent Memorandum for the Industrial Death Benefit Ministerial response
Letter from the Minister for Social Security and Local Government on the Legislative Consent Memorandum for the Industrial Death Benefit, 24 September 2021
Dear Stuart,
Thank you for your consideration of the Legislative Consent Motion (LCM) to enable Industrial Death Benefit to be uprated in Scotland in line with in England and Wales on 15 September.
I am writing specifically to provide clarification on an issue, outlined in your letter of 15 September, with the wording used in paragraphs 4 and 8 of the Legislative Consent Memorandum. As the Committee’s letter identifies, the memorandum refers to a new discretionary power to up-rate, whereas the relevant provisions place duties on the Secretary of State (in reserved areas) and the Scottish Ministers (in devolved areas) to uprate.
Reference to a discretionary power was an error in the memorandum. I provided the necessary clarification during my appearance at the Social Justice and Social Security Committee on 16 September and a letter will also be sent to the SJSS Committee to provide written clarification.
I am grateful to the Committee for identifying this issue and for their swift consideration of this LCM at short notice.
Best regards,
Ben Macpherson