{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-5/part-2",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-5/part-2.json",
  "legislation": "uksi/2008/794",
  "legislation_title": "The Employment and Support Allowance Regulations 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008",
  "path": "schedule/5/part/2",
  "kind": "part",
  "number": "2",
  "heading": "Amounts prescribed for the purposes of sections 2(1) and 4(2) of the Act",
  "text": "Persons serving a sentence of imprisonment detained in hospital\n12.\nA person serving a sentence of imprisonment detained in hospital.\n12.\nThe amount applicable under regulation 67(2) and the amount of nil under regulation 67(3).\n(a)\nsection 45A of the Mental Health Act 1983 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital directions); or\n(b)\nsection 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc.) or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment for mental disorder),\nbut not if the detention continues after the date which the Secretary of State certifies or Scottish Ministers certify would have been the earliest date on which the claimant could have been released in respect of, or from, the prison sentence if the claimant had not been detained in hospital.\nPatients\n13.\nSubject to paragraph 12, a single claimant who has been a patient for a continuous period of more than 52 weeks or, where the claimant is one of a couple, each member of the couple has been a patient for a continuous period of more than 52 weeks.\n13.\nThe amounts applicable under regulation 67(1)(a), (c) and (2) and the amount of nil under regulation 67(3).\n14.\nPerson in hardship\nA claimant who is a person in hardship.\n14.\nThe amount to which the claimant is entitled under regulation 67(1)(a) and (2) or 68(1)(a) is to be reduced by 20%.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 5 Pt. 2 substituted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 5(4)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "1983 c. 20; section 45A was inserted by the Crime (Sentences) Act 1977 (c. 43), section 46, and amended by the Criminal Justice Act 2003 (c. 44), Schedule 32, paragraphs 37 and 39 and Schedule 37, Part 7."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "1995 c. 46; section 59A was inserted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp. 13), Schedule 4, paragraph 8(6)."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Section 47 was amended by the Crime (Sentences) Act 1997, section 49(3)."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "2003 asp. 13."
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in Sch. 5 Pt. 2 inserted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 5(4)(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in Sch. 5 Pt. 2 para. 13 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(35)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/schedule/5/part/2",
    "retrieved_at": "2026-11-06T03:37:55.280707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}