Regulation 6 Disqualifications
A person who would (but for this regulation) be entitled to a payment under any of regulations 2 to 5 shall not be entitled to the payment if—
he is in receipt of free in-patient treatment throughout the period of 52 weeks ending with the relevant week;
he is in custody throughout the relevant week; or
he is subject to immigration control throughout the relevant week.
For the purposes of paragraph (1)—
the reference to receipt of free in-patient treatment shall be construed in accordance with regulation 2(2) and (2A) of the Social Security (Hospital In-Patients) Regulations 1975f1;
a person is in custody if he is detained in custody under a sentence imposed by a court; and
the reference to being subject to immigration control shall be construed in accordance with section 115(9) of the Immigration and Asylum Act 1999f2.
Where a person to whom this regulation applies is part of a couple, in the application of these Regulations to the other member of the couple, the person to whom this regulation applies shall be treated as a non-qualifying individual.
Annotations
Footnotes
- f1
-
S.I.1975/555. Paragraph (2) was substituted by regulation 11 of S.I.1992/2595 and paragraph (2A) was inserted by regulation 2 of S.I.1999/1326.
- f2