The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/442

2010 No. 442

Social Security

The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010

Made 23th February 2010

Laid before Parliament 1st March 2010

Coming into force 25th March 2010

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 113(1)(b), 123(1)(a), 135(1) and (2), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 2(3), (6) and (9) and 17(1) of the State Pension Credit Act 20022and sections 2(1)(a), 4(2) and (3), 18(4)(b), 24(1) and 25(2), (3) and (5) of the Welfare Reform Act 20073.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it4.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 and shall come into force on 25th March 2010.

S-2 Amendment of the Social Security (General Benefit) Regulations 1982

Amendment of the Social Security (General Benefit) Regulations 1982

2.—(1) The Social Security (General Benefit) Regulations 19825are amended as follows.

(2) In regulation 2 (exceptions from disqualification for imprisonment etc.)—

(a)

(a) in paragraph (3)6

(i) after “that person” insert “(“P”)”;

(ii) for the words beginning “he is liable to be detained in a hospital” to the end of the paragraph substitute “P is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless P satisfies either of the following conditions.”; and

(b)

(b) for paragraph (4)7substitute—

S-4

“4 The first condition is that—

(a) P is being detained under section 45A or 47 of the Mental Health Act 19838(power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and

(b) in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act9, P is being detained on or before the day which the Secretary of State certifies to be that release date.

S-4A

4A The second condition is that P is being detained under—

(a) section 59A of the Criminal Procedure (Scotland) Act 199510(hospital direction); or

(b) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 200311(transfer of prisoners for treatment of mental disorder).”.

S-3 Amendment of the Income Support (General) Regulations 1987

Amendment of the Income Support (General) Regulations 1987

3.—(1) The Income Support (General) Regulations 198712are amended as follows.

(2) In regulation 21 (special cases) after paragraph (3)13insert—

S-3ZA

“3ZA In Schedule 7 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions.

S-3ZB

3ZB The first condition is that—

(a) P is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and

(b) in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.

S-3ZC

3ZC The second condition is that P is being detained under—

(a) section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or

(b) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).”.

(3) In Schedule 7 (applicable amount in special cases), in column (1), for paragraph 2A14substitute—

S-2A

Persons serving a sentence of imprisonment detained in hospital

2A. A person serving a sentence of imprisonment detained in hospital.”.

S-4 Amendment of the State Pension Credit Regulations 2002

Amendment of the State Pension Credit Regulations 2002

4.—(1) The State Pension Credit Regulations 200215are amended as follows.

(2) In regulation 8 (special groups) for “patients” substitute “persons serving a sentence of imprisonment detained in hospital”.

(3) In Schedule 3 (special groups)—

(a)

(a) for the heading to paragraph 2 substitute—

Persons serving a sentence of imprisonment detained in hospital”; and

(b)

(b) for paragraph 2(1)16substitute—

S-1

“1 Sub-paragraph (2) applies in the case of a claimant (“C”) who satisfies either of the following conditions.

S-1A

1A The first condition is that—

(a) C is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and

(b) in any case where there is in relation to C a release date within the meaning of section 50(3) of that Act, C is being detained on or before the day which the Secretary of State certifies to be that release date.

S-1B

1B The second condition is that C is being detained under—

(a) section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or

(b) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).”.

S-5 Amendment of the Employment and Support Allowance Regulations 2008

Amendment of the Employment and Support Allowance Regulations 2008

5.—(1) The Employment and Support Allowance Regulations 200817are amended as follows.

(2) In regulation 69 (special cases) after paragraph (2) add—

S-3

“3 In Schedule 5 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions.

S-4

4 The first condition is that—

(a) P is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and

(b) in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.

S-5

5 The second condition is that P is being detained under—

(a) section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or

(b) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).”.

(3) In regulation 16018(exceptions for disqualification for imprisonment)—

(a)

(a) in paragraph (3)—

(i) after the words “a claimant” insert “(“C”)”;

(ii) for the words “the claimant” (the first time they appear) substitute “C”;

(iii) for the words beginning “the claimant is liable to be detained in a hospital” to the end of the paragraph substitute “C is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless C satisfies...

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