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The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations (Northern Ireland) 2010

S.R. 2010/58 · Made 2 March 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 2nd March 2010

Coming into operation 25th March 2010

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 113(1)(b), 122(1)(a), 131(1) and (2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, and now vested in itf2, sections 2(3), (6) and (9) and 19(1) and (2) of the State Pension Credit Act (Northern Ireland) 2002f3 and sections 2(1)(a), 4(2) and (3), 18(4)(b) and 25(2) of the Welfare Reform Act (Northern Ireland) 2007f4.

Annotations to the whole text

Footnotes

f1

1992 c.7; section 113(1) was amended by paragraph 92 of Schedule 24 to the Civil Partnership Act 2003 (c. 33) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

f2

See Article 8(b) of S.R. 1999 No. 481

f3

2002 c. 14 (N.I.)

f4

2007 c. 2 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (General Benefit) Regulations
  3. 3Amendment of the Income Support (General) Regulations
  4. 4Amendment of the State Pension Credit Regulations
  5. 5Amendment of the Employment and Support Allowance Regulations
  6. 6Revocation
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations (Northern Ireland) 2010 and shall come into operation on 25th March 2010.

2Amendment of the Social Security (General Benefit) Regulations

In regulation 2 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984f1 (exceptions from disqualification for imprisonment, etc.)—

(a)

in paragraph (3)f2 for the words from “is undergoing detention in legal custody” to the end substitute—

“(“P”) is undergoing detention in legal custody after the conclusion of criminal proceedings if it is a period during which P is detained in a hospital or similar institution in Northern Ireland as a person suffering from a mental disorder unless—

(a)

P is being detained under Article 53 of the Mental Health (Northern Ireland) Order 1986f3 (removal to hospital of persons serving sentences of imprisonment etc.), and

(b)

in any case where there is in relation to P a release date within the meaning of Article 56(3) of that Orderf4 (further provisions as to prisoners under sentence), P is being detained on or before the day which the Secretary of State certifies to be that release date.”; and

(b)

omit paragraph (4).

3Amendment of the Income Support (General) Regulations

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 21(3) (special cases) after the definition “person from abroad”f2 insert—

  • ““person serving a sentence of imprisonment detained in hospital” means a person who—

    1. (a)

      is being detained under Article 53 of Mental Health (Northern Ireland) Order1986 (removal to hospital of persons serving sentences of imprisonment etc.), and

    2. (b)

      in any case where there is in relation to that person a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), is being detained on or before the day which the Secretary of State certifies to be that release date;”.

(3)

For paragraph 2Af3 of Schedule 7 (applicable amounts in special cases) substitute—

“

Persons serving a sentence of imprisonment detained in hospital
2A. A person serving a sentence of imprisonment detained in hospital.2A. Nil.

”.

4Amendment of the State Pension Credit Regulations

(1)

The State Pension Credit Regulations (Northern Ireland) 2003f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 8 (special groups) for “patients” substitute “persons serving a sentence of imprisonment detained in hospital”.

(3)

In paragraph 2 of Schedule 3f2 (special groups)—

(a)

for the heading substitute—

“Persons serving a sentence of imprisonment detained in hospital”; and

(b)

for sub-paragraph (1) substitute—

“(1)

Sub-paragraph (2) applies in the case of a claimant who—

(a)

is being detained under Article 53 of Mental Health (Northern Ireland) Order1986 (removal to hospital of persons serving sentences of imprisonment etc.), and

(b)

in any case where there is in relation to that claimant a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), is being detained on or before the day which the Secretary of State certifies to be that release date.”.

5Amendment of the Employment and Support Allowance Regulations

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 69(2) (special cases) after the definition “person in hardship” insert—

  • ““person serving a sentence of imprisonment detained in hospital” means a person who—

    1. (a)

      is being detained under Article 53 of Mental Health (Northern Ireland) Order1986 (removal to hospital of persons serving sentences of imprisonment etc.), and

    2. (b)

      in any case where there is in relation to that person a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), is being detained on or before the day which the Secretary of State certifies to be that release date;”.

(3)

In regulation 160 (exceptions for disqualification for imprisonment)—

(a)

for paragraph (3) substitute—

“(3)

Notwithstanding section 18(4)(b) of the Act, a claimant (“C”) is not to be disqualified for receiving a contributory allowance, for any period during which C is undergoing detention in legal custody after the conclusion of criminal proceedings if it is a period during which C is detained in a hospital or similar institution in Northern Ireland as a person suffering from mental disorder unless—

(a)

C is detained under Article 53 of Mental Health Order (removal to hospital of persons serving sentences of imprisonment etc.); and

(b)

in any case where there is in relation to C a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), C is being detained on or before the day which the Secretary of State certifies to be that release date.”; and

(b)

omit paragraph (4).

(4)

In column (1) of Schedule 5 (special cases)—

(a)

for paragraph 12 substitute—

“Persons serving a sentence of imprisonment detained in hospital

12.

A person serving a sentence of imprisonment detained in hospital.”; and

(b)

before paragraph 13 insert—

“Patients”.

6Revocation

Regulation 3(5)(b) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005f1 is revoked.

Signature

Sealed with the Official Seal of the Department for Social Development on 2nd March 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security (General Benefit) Regulations (Northern Ireland) 1984 (“the General Benefit Regulations”), the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”), the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”) and Employment and Support Allowance Regulations (Northern Ireland) 2008 (“the Employment and Support Allowance Regulations”) relating to persons serving sentences of imprisonment who are detained in hospital.

Regulation 2 amends regulation 2 of the General Benefit Regulations to clarify that where a prisoner is detained in a hospital or similar institution under Article 53 of the Mental Health (Northern Ireland) Order 1986 on or before the date which the Secretary of State certifies is the prisoner’s release date within the meaning of Article 56(3) of that Order, in cases where there is such a date, that person is not exempt from disqualification of receipt of benefit and will not be able to receive benefit until actually released from detention.

Regulation 3 makes similar amendments to the Income Support Regulations and ensures that the applicable amount for a person serving a sentence of imprisonment detained in hospital is nil.

Regulation 4 and 5 make equivalent amendments to the State Pension Credit Regulations and the Employment and Support Allowance Regulations respectively.

Regulation 6 makes a consequential revocation.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.