# The Employment and Support Allowance Regulations 2008, Part 2: Amounts prescribed for the purposes of sections 2(1) and 4(2) of the Act

Extent: E+W+S

Persons serving a sentence of imprisonment detained in hospital
12.
A person serving a sentence of imprisonment detained in hospital.
12.
The amount applicable under regulation 67(2) and the amount of nil under regulation 67(3).
(a)
section 45A of the Mental Health Act 1983 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital directions); or
(b)
section 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),
but 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.
Patients
13.
Subject 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.
13.
The amounts applicable under regulation 67(1)(a), (c) and (2) and the amount of nil under regulation 67(3).
14.
Person in hardship
A claimant who is a person in hardship.
14.
The amount to which the claimant is entitled under regulation 67(1)(a) and (2) or 68(1)(a) is to be reduced by 20%.

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Source: https://www.legislation.gov.uk/uksi/2008/794/schedule/5/part/2 (the official version)
Page: https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-5/part-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.