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The Social Security (Persons Detained in Hospital) (Amendment) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348287950

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Draft Statutory Instrument has been published in consequence of defects in S.I. 2013/379 and S.I. 2015/173 and is being issued free of charge to all known recipients of those Statutory Instruments.

Draft Regulations laid before Parliament under section 54(2)(a) of the Pensions Act 2014 (c. 19), for approval by resolution of each House of Parliament.

SOCIAL SECURITY

Made ***

Coming into force 6th April 2027

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 113(1)(b) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992f1, sections 2(3), (6) and (9), 3(8) and 19(1) of the State Pension Credit Act 2002f2, sections 2(1)(a) and (4)(c), 18(4)(b) and 25(2) and (3) of the Welfare Reform Act 2007f3, sections 6(1)(a) and 42(1) and (2) of the Welfare Reform Act 2012f4 and sections 19(1) and 54(5) of the Pensions Act 2014f5.

In accordance with section 173(1)(b) of the Social Security Administration Act 1992f6, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

A draft of these Regulations has been laid before Parliament in accordance with section 54(2)(a) of the Pensions Act 2014 and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1992 c. 4. Section 113(1) was amended by paragraph 38 of Schedule 24 to the Civil Partnership Act 2004 (c. 33). Section 175(1) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

f2

2002 c. 16. See section 17(1) for the definitions of “prescribed” and “regulations”. Section 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 is applied to provisions of the State Pension Credit Act 2002 by section 19(1) of that Act.

f3

2007 c. 5. Section 2(1) was amended by paragraph 24 of Schedule 3 to the Welfare Reform Act 2012 (c. 5). Section 18(4) was amended by paragraph 26(d) of Schedule 3 to the Welfare Reform Act 2012. See section 24(1) for the definitions of “prescribed” and “regulations”.

f4

2012 c. 5. See section 40 for the definition of “prescribed”.

f5

2014 c. 19. See section 22(1) for the definition of “regulations”.

f6

1992 c. 5.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Social Security (General Benefit) Regulations 1982
  3. 3Amendment of the State Pension Credit Regulations 2002
  4. 4Amendment of the Universal Credit Regulations 2013
  5. 5Amendment of the Employment and Support Allowance Regulations 2013
  6. 6Amendment of the State Pension Regulations 2015
  7. Signature
  8. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Social Security (Persons Detained in Hospital) (Amendment) Regulations 2026 and come into force on 6th April 2027.

(2)

These Regulations extend to England and Wales and Scotland.

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

(1)

The Social Security (General Benefit) Regulations 1982f1 are amended as follows.

(2)

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

(a)

after paragraph (2) insert—

“(2A)

Paragraph (2) does not apply in a case to which paragraph (4B) applies.”;

(b)

at the end of paragraph (3) insert “or unless paragraph (4B) applies”;

(c)

in paragraph (4)(b) after “within the meaning of section 50(3) of that Act,” insert “apart from a case where P has been convicted of a serious offence,”;

(d)

after paragraph (4A) insert—

“(4B)

This paragraph applies in relation to a shared additional pension, retirement pension of any category or age additionf2 in a case where P is being detained in hospital under section 37 of the Mental Health Act 1983f3 (powers of courts to order hospital admission or guardianship) or section 57A of the Criminal Procedure (Scotland) Act 1995f4 (compulsion order) following P’s conviction of a serious offence.”;

(e)

after paragraph (8) insert—

“(8A)

For the purposes of this regulation, “serious offence” means any of the offences referred to in paragraphs (8B) to (8D).

(8B)

The offences referred to in this paragraph are any of the following offences under the law of England and Wales—

(a)

manslaughter;

(b)

an offence under section 18 of the Offences Against the Person Act 1861f5 (wounding with intent to cause grievous bodily harm);

(c)

an offence under section 1 of the Indecency with Children Act 1960f6 (indecent conduct towards young child);

(d)

an offence under section 1 of the Criminal Attempts Act 1981f7 (attempting to commit an offence) of attempting to commit murder;

(e)

an offence under any of the following provisions of the Sexual Offences Act 1956f8—

(i)

section 1 (rape of woman or man);

(ii)

section 5 (intercourse with girl under thirteen);

(iii)

section 10 (incest by a man);

(iv)

section 11 (incest by a woman);

(v)

section 14 (indecent assault on a woman);

(vi)

section 15 (indecent assault on a man);

(f)

an offence under any of the following provisions of the Sexual Offences Act 2003f9—

(i)

section 1 (rape);

(ii)

section 2 (assault by penetration);

(iii)

section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(iv)

section 5 (rape of a child under 13);

(v)

section 6 (assault of a child under 13 by penetration);

(vi)

section 7 (sexual assault of a child under 13);

(vii)

section 8 (causing or inciting a child under 13 to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(viii)

section 9 (sexual activity with a child), where the touching involved penetration within subsection (2)(a) to (d) of that section;

(ix)

section 10 (causing or inciting a child to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(x)

section 25 (sexual activity with a child family member), where the person guilty of the offence was aged 18 or over at the time of the offence;

(xi)

section 26 (inciting a child family member to engage in sexual activity), where the person guilty of the offence was aged 18 or over at the time of the offence.

(8C)

The offences referred to in this paragraph are any of the following offences under the law of Scotland—

(a)

culpable homicide;

(b)

an offence committed by attempting or conspiring to commit the offence of murder;

(c)

an offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995f10 (incest);

(d)

an offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009f11—

(i)

section 1 (rape);

(ii)

section 2 (sexual assault by penetration);

(iii)

section 4 (sexual coercion);

(iv)

section 18 (rape of a young child);

(v)

section 19 (sexual assault on a young child by penetration);

(vi)

section 20 (sexual assault on a young child);

(vii)

section 21 (causing a young child to participate in a sexual activity);

(viii)

section 28 (having intercourse with an older child);

(ix)

section 29 (engaging in penetrative sexual activity with or towards an older child);

(x)

section 30 (engaging in sexual activity with or towards an older child);

(xi)

section 31 (causing an older child to participate in a sexual activity);

(e)

an offence against a law of Scotland that is no longer in force where, if committed on 6th April 2027, the conduct constituting the offence would have constituted an offence against one of the provisions of the Sexual Offences (Scotland) Act 2009 listed above.

(8D)

The offences referred to in this paragraph are an offence under the law of Northern Ireland corresponding to any of the offences listed in paragraph (8B).”.

3Amendment of the State Pension Credit Regulations 2002

(1)

The State Pension Credit Regulations 2002f1 are amended as follows.

(2)

In regulation 1 (citation, commencement and interpretation) after paragraph (2) insert—

“(2A)

In these Regulations, “serious offence” means any of the offences referred to in paragraphs (2B) to (2D).

(2B)

The offences referred to in this paragraph are any of the following offences under the law of England and Wales—

(a)

manslaughter;

(b)

an offence under section 18 of the Offences Against the Person Act 1861 (wounding with intent to cause grievous bodily harm);

(c)

an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child);

(d)

an offence under section 1 of the Criminal Attempts Act 1981 (attempting to commit an offence) of attempting to commit murder;

(e)

an offence under any of the following provisions of the Sexual Offences Act 1956—

(i)

section 1 (rape of woman or man);

(ii)

section 5 (intercourse with girl under thirteen);

(iii)

section 10 (incest by a man);

(iv)

section 11 (incest by a woman);

(v)

section 14 (indecent assault on a woman);

(vi)

section 15 (indecent assault on a man);

(f)

an offence under any of the following provisions of the Sexual Offences Act 2003—

(i)

section 1 (rape);

(ii)

section 2 (assault by penetration);

(iii)

section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(iv)

section 5 (rape of a child under 13);

(v)

section 6 (assault of a child under 13 by penetration);

(vi)

section 7 (sexual assault of a child under 13);

(vii)

section 8 (causing or inciting a child under 13 to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(viii)

section 9 (sexual activity with a child), where the touching involved penetration within subsection (2)(a) to (d) of that section;

(ix)

section 10 (causing or inciting a child to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(x)

section 25 (sexual activity with a child family member), where the person guilty of the offence was aged 18 or over at the time of the offence;

(xi)

section 26 (inciting a child family member to engage in sexual activity), where the person guilty of the offence was aged 18 or over at the time of the offence.

(2C)

The offences referred to in this paragraph are any of the following offences under the law of Scotland—

(a)

culpable homicide;

(b)

an offence committed by attempting or conspiring to commit the offence of murder;

(c)

an offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest);

(d)

an offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(i)

section 1 (rape);

(ii)

section 2 (sexual assault by penetration);

(iii)

section 4 (sexual coercion);

(iv)

section 18 (rape of a young child);

(v)

section 19 (sexual assault on a young child by penetration);

(vi)

section 20 (sexual assault on a young child);

(vii)

section 21 (causing a young child to participate in a sexual activity);

(viii)

section 28 (having intercourse with an older child);

(ix)

section 29 (engaging in penetrative sexual activity with or towards an older child);

(x)

section 30 (engaging in sexual activity with or towards an older child);

(xi)

section 31 (causing an older child to participate in a sexual activity);

(e)

an offence against a law of Scotland that is no longer in force where, if committed on 6th April 2027, the conduct constituting the offence would have constituted an offence against one of the provisions of the Sexual Offences (Scotland) Act 2009 listed above.

(2D)

The offences referred to in this paragraph are an offence under the law of Northern Ireland corresponding to any of the offences listed in paragraph (2B).”.

(3)

In regulation 8 (special groups) for “and persons serving a sentence of imprisonment detained in hospital” substitute “, persons serving a sentence of imprisonment detained in hospital and persons detained in hospital who are convicted of a serious offence”.

(4)

In Schedule 3 (special groups)—

(a)

in paragraph 2(1A)(b) (persons serving a sentence of imprisonment detained in hospital) after “within the meaning of section 50(3) of that Act,” insert “apart from a case where C has been convicted of a serious offence,”;

(b)

after paragraph 2 (persons serving a sentence of imprisonment detained in hospital) insert—

“Persons detained in hospital who are convicted of a serious offence

3

In the case of a claimant who is being detained in hospital under section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) or section 57A of the Criminal Procedure (Scotland) Act 1995 (compulsion order) following their conviction of a serious offence—

(a)

section 2(3) has effect with the substitution of a reference to a nil amount for the reference to the standard minimum guarantee in paragraph (a), and nil is the prescribed additional amount for the purposes of paragraph (b); and

(b)

the maximum amount of savings credit shall be taken to be nil.”.

4Amendment of the Universal Credit Regulations 2013

(1)

The Universal Credit Regulations 2013f1 are amended as follows.

(2)

In regulation 19 (restrictions on entitlement – prisoners etc.)—

(a)

at the end of paragraph (1)(b) omit “or”;

(b)

after paragraph (1)(c) insert

“or

(d)

being detained in hospital under section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) or section 57A of the Criminal Procedure (Scotland) Act 1995 (compulsion order) following their conviction of a serious offence.”;

(c)

at the beginning of paragraph (4)(a)(ii) insert “except where the person has been convicted of a serious offence,”;

(d)

after paragraph (4) insert—

“(5)

In this regulation, “serious offence” means any of the offences referred to in paragraphs (6) to (8).

(6)

The offences referred to in this paragraph are any of the following offences under the law of England and Wales—

(a)

manslaughter;

(b)

an offence under section 18 of the Offences Against the Person Act 1861 (wounding with intent to cause grievous bodily harm);

(c)

an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child);

(d)

an offence under section 1 of the Criminal Attempts Act 1981 (attempting to commit an offence) of attempting to commit murder;

(e)

an offence under any of the following provisions of the Sexual Offences Act 1956—

(i)

section 1 (rape of woman or man);

(ii)

section 5 (intercourse with girl under thirteen);

(iii)

section 10 (incest by a man);

(iv)

section 11 (incest by a woman);

(v)

section 14 (indecent assault on a woman);

(vi)

section 15 (indecent assault on a man);

(f)

an offence under any of the following provisions of the Sexual Offences Act 2003—

(i)

section 1 (rape);

(ii)

section 2 (assault by penetration);

(iii)

section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(iv)

section 5 (rape of a child under 13);

(v)

section 6 (assault of a child under 13 by penetration);

(vi)

section 7 (sexual assault of a child under 13);

(vii)

section 8 (causing or inciting a child under 13 to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(viii)

section 9 (sexual activity with a child), where the touching involved penetration within subsection (2)(a) to (d) of that section;

(ix)

section 10 (causing or inciting a child to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(x)

section 25 (sexual activity with a child family member), where the person guilty of the offence was aged 18 or over at the time of the offence;

(xi)

section 26 (inciting a child family member to engage in sexual activity), where the person guilty of the offence was aged 18 or over at the time of the offence.

(7)

The offences referred to in this paragraph are any of the following offences under the law of Scotland—

(a)

culpable homicide;

(b)

an offence committed by attempting or conspiring to commit the offence of murder;

(c)

an offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest);

(d)

an offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(i)

section 1 (rape);

(ii)

section 2 (sexual assault by penetration);

(iii)

section 4 (sexual coercion);

(iv)

section 18 (rape of a young child);

(v)

section 19 (sexual assault on a young child by penetration);

(vi)

section 20 (sexual assault on a young child);

(vii)

section 21 (causing a young child to participate in a sexual activity);

(viii)

section 28 (having intercourse with an older child);

(ix)

section 29 (engaging in penetrative sexual activity with or towards an older child);

(x)

section 30 (engaging in sexual activity with or towards an older child);

(xi)

section 31 (causing an older child to participate in a sexual activity);

(e)

an offence against a law of Scotland that is no longer in force where, if committed on 6th April 2027, the conduct constituting the offence would have constituted an offence against one of the provisions of the Sexual Offences (Scotland) Act 2009 listed above.

(8)

The offences referred to in this paragraph are an offence under the law of Northern Ireland corresponding to any of the offences listed in paragraph (6).”.

5Amendment of the Employment and Support Allowance Regulations 2013

(1)

The Employment and Support Allowance Regulations 2013f1 are amended as follows.

(2)

In regulation 63 (special cases)—

(a)

in paragraph (1) omit sub-paragraph (a);

(b)

omit paragraphs (3) and (4);

(c)

in paragraph (5) in the definition of “patient” omit “(other than a prisoner)”;

(d)

in paragraph (5) omit the definition of “prisoner”.

(3)

In regulation 96 (exceptions from disqualification for imprisonment)—

(a)

in paragraph (2) after sub-paragraph (b) insert “unless it is a case to which paragraph (5A) applies”;

(b)

at the end of paragraph (3) insert “or paragraph (5A) applies”;

(c)

in paragraph (4)(b) after “within the meaning of section 50(3) of that Act,” insert “apart from a case where C has been convicted of a serious offence,”;

(d)

after paragraph (5) insert—

“(5A)

This paragraph applies where C is being detained in hospital under section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) or section 57A of the Criminal Procedure (Scotland) Act 1995 (compulsion order) following their conviction of a serious offence.”;

(e)

after paragraph (6) insert—

“(6A)

For the purposes of this regulation, “serious offence” means any of the offences referred to in paragraphs (6B) to (6D).

(6B)

The offences referred to in this paragraph are any of the following offences under the law of England and Wales—

(a)

manslaughter;

(b)

an offence under section 18 of the Offences Against the Person Act 1861 (wounding with intent to cause grievous bodily harm);

(c)

an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child);

(d)

an offence under section 1 of the Criminal Attempts Act 1981 (attempting to commit an offence) of attempting to commit murder;

(e)

an offence under any of the following provisions of the Sexual Offences Act 1956—

(i)

section 1 (rape of woman or man);

(ii)

section 5 (intercourse with girl under thirteen);

(iii)

section 10 (incest by a man);

(iv)

section 11 (incest by a woman);

(v)

section 14 (indecent assault on a woman);

(vi)

section 15 (indecent assault on a man);

(f)

an offence under any of the following provisions of the Sexual Offences Act 2003—

(i)

section 1 (rape);

(ii)

section 2 (assault by penetration);

(iii)

section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(iv)

section 5 (rape of a child under 13);

(v)

section 6 (assault of a child under 13 by penetration);

(vi)

section 7 (sexual assault of a child under 13);

(vii)

section 8 (causing or inciting a child under 13 to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(viii)

section 9 (sexual activity with a child), where the touching involved penetration within subsection (2)(a) to (d) of that section;

(ix)

section 10 (causing or inciting a child to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(x)

section 25 (sexual activity with a child family member), where the person guilty of the offence was aged 18 or over at the time of the offence;

(xi)

section 26 (inciting a child family member to engage in sexual activity), where the person guilty of the offence was aged 18 or over at the time of the offence.

(6C)

The offences referred to in this paragraph are any of the following offences under the law of Scotland—

(a)

culpable homicide;

(b)

an offence committed by attempting or conspiring to commit the offence of murder;

(c)

an offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest);

(d)

an offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(i)

section 1 (rape);

(ii)

section 2 (sexual assault by penetration);

(iii)

section 4 (sexual coercion);

(iv)

section 18 (rape of a young child);

(v)

section 19 (sexual assault on a young child by penetration);

(vi)

section 20 (sexual assault on a young child);

(vii)

section 21 (causing a young child to participate in a sexual activity);

(viii)

section 28 (having intercourse with an older child);

(ix)

section 29 (engaging in penetrative sexual activity with or towards an older child);

(x)

section 30 (engaging in sexual activity with or towards an older child);

(xi)

section 31 (causing an older child to participate in a sexual activity);

(e)

an offence against a law of Scotland that is no longer in force where, if committed on 6th April 2027, the conduct constituting the offence would have constituted an offence against one of the provisions of the Sexual Offences (Scotland) Act 2009 listed above.

(6D)

The offences referred to in this paragraph are an offence under the law of Northern Ireland corresponding to any of the offences listed in paragraph (6B).”.

6Amendment of the State Pension Regulations 2015

(1)

The State Pension Regulations 2015f1 are amended as follows.

(2)

In regulation 2 (prisoners who are not to be paid state pension)—

(a)

in paragraph (2)(c)(i) for “section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment etc)” substitute “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.)”f2;

(b)

at the beginning of paragraph (2)(c)(ii) insert “except where the person has been convicted of a serious offence,”;

(c)

in paragraph (2)(d) before “section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder)” insert “section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction) or”f3;

(d)

after paragraph (2)(d) insert

“or

(e)

a prisoner in Great Britain who is being detained in hospital under section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) or section 57A of the Criminal Procedure (Scotland) Act 1995 (compulsion order) following their conviction of a serious offence.”;

(e)

after paragraph (3) insert—

“(4)

In this regulation, “serious offence” means any of the offences referred to in paragraphs (5) to (7).

(5)

The offences referred to in this paragraph are any of the following offences under the law of England and Wales—

(a)

manslaughter;

(b)

an offence under section 18 of the Offences Against the Person Act 1861 (wounding with intent to cause grievous bodily harm);

(c)

an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child);

(d)

an offence under section 1 of the Criminal Attempts Act 1981 (attempting to commit an offence) of attempting to commit murder;

(e)

an offence under any of the following provisions of the Sexual Offences Act 1956—

(i)

section 1 (rape of woman or man);

(ii)

section 5 (intercourse with girl under thirteen);

(iii)

section 10 (incest by a man);

(iv)

section 11 (incest by a woman);

(v)

section 14 (indecent assault on a woman);

(vi)

section 15 (indecent assault on a man);

(f)

an offence under any of the following provisions of the Sexual Offences Act 2003—

(i)

section 1 (rape);

(ii)

section 2 (assault by penetration);

(iii)

section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(iv)

section 5 (rape of a child under 13);

(v)

section 6 (assault of a child under 13 by penetration);

(vi)

section 7 (sexual assault of a child under 13);

(vii)

section 8 (causing or inciting a child under 13 to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(viii)

section 9 (sexual activity with a child), where the touching involved penetration within subsection (2)(a) to (d) of that section;

(ix)

section 10 (causing or inciting a child to engage in sexual activity), where the activity caused or incited involved penetration within subsection (2)(a) to (d) of that section;

(x)

section 25 (sexual activity with a child family member), where the person guilty of the offence was aged 18 or over at the time of the offence;

(xi)

section 26 (inciting a child family member to engage in sexual activity), where the person guilty of the offence was aged 18 or over at the time of the offence.

(6)

The offences referred to in this paragraph are any of the following offences under the law of Scotland—

(a)

culpable homicide;

(b)

an offence committed by attempting or conspiring to commit the offence of murder;

(c)

an offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest);

(d)

an offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(i)

section 1 (rape);

(ii)

section 2 (sexual assault by penetration);

(iii)

section 4 (sexual coercion);

(iv)

section 18 (rape of a young child);

(v)

section 19 (sexual assault on a young child by penetration);

(vi)

section 20 (sexual assault on a young child);

(vii)

section 21 (causing a young child to participate in a sexual activity);

(viii)

section 28 (having intercourse with an older child);

(ix)

section 29 (engaging in penetrative sexual activity with or towards an older child);

(x)

section 30 (engaging in sexual activity with or towards an older child);

(xi)

section 31 (causing an older child to participate in a sexual activity);

(e)

an offence against a law of Scotland that is no longer in force where, if committed on 6th April 2027, the conduct constituting the offence would have constituted an offence against one of the provisions of the Sexual Offences (Scotland) Act 2009 listed above.

(7)

The offences referred to in this paragraph are an offence under the law of Northern Ireland corresponding to any of the offences listed in paragraph (5).”.

Signature

Secretary of State for Work and Pensions

Department for Work and Pensions

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for disqualification from certain social security benefits of persons detained in hospital under section 37 of the Mental Health Act 1983 (c. 20), and corresponding Scottish legislation, following their conviction of a serious offence (“section 37 offenders”). The Regulations also provide for persons detained in hospital under sections 45A or 47 of the Mental Health Act 1983 who have been convicted of a serious offence to remain disqualified from those benefits after their release date until discharge from hospital.

“Serious offence” is defined and includes manslaughter, attempted murder, wounding with intent to cause grievous bodily harm and a list of sexual offences under the Sexual Offences Act 2003 (c. 42) and its predecessor the Sexual Offences Act 1956 (c. 69), and equivalent offences under the legislation of Scotland and Northern Ireland.

Regulation 2 amends the Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408) (“the General Benefit Regulations”). Section 113 of the Social Security Contributions and Benefits Act 1992 (c. 4) disqualifies persons who are undergoing imprisonment or detention in legal custody from benefits under Parts 2 to 5 of that Act. Regulation 2 of the General Benefit Regulations creates exceptions, which include a general exception for those detained in hospital for a mental health disorder. Persons who are serving their prison sentence in hospital, and have not reached their release date, are excluded from that exception. Regulation 2 extends that exclusion to section 37 offenders in relation to any shared additional pension, retirement pensions of all categories or age addition. It also extends the exclusion to those detained in hospital under sections 45A or 47 of the Mental Health Act 1983 after their sentence’s release date if they have been convicted of a serious offence.

Regulation 3 amends the State Pension Credit Regulations 2002 (S.I. 2002/1792). Regulation 8 of, and Schedule 3 to, those Regulations (special cases) already prescribe the nil rate for the guarantee credit and savings credit in the case of offenders serving their sentence in hospital. Regulation 3 extends that rate to section 37 offenders. It also provides for the nil rate to apply to those detained in hospital under sections 45A or 47 of the Mental Health Act 1983 beyond their sentence’s release date where they have committed a serious offence.

Regulation 4 amends the Universal Credit Regulations 2013 (S.I. 2013/376). Regulation 19 of those Regulations already restricts those serving a sentence in hospital from entitlement to universal credit and regulation 4 extends this restriction to section 37 offenders. It also extends the restriction to those detained in hospital under sections 45A or 47 of the Mental Health Act 1983 after their sentence’s release date if they have been convicted of a serious offence.

Regulation 5 amends the Employment and Support Allowance Regulations 2013 (S.I. 2013/379). Section 18(4) of the Welfare Reform Act 2007 (c. 5) disqualifies those undergoing imprisonment or detention in legal custody from the allowance. Regulation 96 of those Regulations provides for exceptions, which include a general exception for those detained in hospital for a mental health disorder. Persons who are serving their prison sentence in hospital, and have not reached their release date, are excluded from that exception. Regulation 5 further excludes section 37 offenders from that exception and also excludes those detained in hospital under sections 45A or 47 of the Mental Health Act 1983 after their sentence’s release date if they are convicted of a serious offence. Regulation 5 also corrects an error in regulation 63 whereby a rate of the allowance is prescribed for claimants who are disqualified by virtue of section 18(4).

Regulation 6 amends the State Pension Regulations 2015 (S.I. 2015/173), in relation to state pension under the Pensions Act 2014 (c. 19). Regulation 2 of those Regulations provides for disqualification of those imprisoned or detained in legal custody, with a general exception for those receiving treatment for a mental disorder. Those serving a sentence in hospital are already excluded from that exception. Regulation 6 extends this to section 37 offenders. It also extends the exclusion to those detained in hospital under section 45A or 47 of the Mental Health Act 1983 after their sentence’s release date if they have been convicted of a serious offence. Regulation 6 also corrects an omission in regulation 2.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.