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

after paragraph (2) insert—

“(2A)

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

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

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,”;

after paragraph (4A) insert—

“(4B)

This paragraph applies in relation to a shared additional pension, retirement pension of any category or age addition^f2 in a case where P is being detained in hospital under section 37 of the Mental Health Act 1983^f3 (powers of courts to order hospital admission or guardianship) or section 57A of the Criminal Procedure (Scotland) Act 1995^f4 (compulsion order) following P’s conviction of a serious offence.”;

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 1861^f5 (wounding with intent to cause grievous bodily harm);

(c)

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

(d)

an offence under section 1 of the Criminal Attempts Act 1981^f7 (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^f8—

(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^f9—

(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 1995^f10 (incest);

(d)

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

(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).”.