# The State Pension Regulations 2015, Regulation 2: Prisoners who are not to be paid state pension


(1) Subject to regulation 3, a person is not to be paid a state pension under Part 1 of the 2014 Act (state pension) for any period during which the person is a prisoner who is mentioned in paragraph (2).
(2) Except where paragraph (3) applies, a person is a prisoner for the purposes of paragraph (1) where the person is—
(a) a prisoner in Great Britain or elsewhere who is imprisoned or detained in legal custody in connection with, or as a result of, criminal proceedings;
(b) a prisoner in Great Britain or elsewhere who is unlawfully at large;
(c) a prisoner in Great Britain who is being detained—
(i) under section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment etc); and
(ii) on or before the day which the Secretary of State certifies to be the person’s release date (if any) within the meaning in section 50(3) of that Act;
(d) a prisoner in Great Britain who is being detained under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
(3) Where a person outside Great Britain is a prisoner within paragraph (2)(a) or (b) and, in similar circumstances in Great Britain, the person would not have been a prisoner, the person is not a prisoner within paragraph (2)(a) or (b).

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Source: https://www.legislation.gov.uk/ukdsi/2015/9780111123669/regulation/2 (the official version)
Page: https://openlegislation.uk/draft-state-pension-regulations-2015/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.