Explanatory note

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.