Regulation 2 Exceptions from disqualification for imprisonment etc

The following provisions of this regulation shall have effect to except benefit from the operation of section 82(5)(b) of the Act which provides that (except where regulations otherwise provide) a person shall be disqualified for receiving any benefit and an increase of benefit shall not be payable in respect of any person as the beneficiary's F1spouse or civil partner, for any period during which that person is undergoing imprisonment or detention in legal custody (hereinafter in this regulation referred to as “the said provisions”).

The said provisions shall not operate to disqualify a person for receiving F2incapacity benefit, F3attendance allowance, disability living allowance, widow's benefit, F4widowed parent’s allowance, child's special allowance, maternity allowance, F5a shared additional pension, retirement pension of any category, age addition, F6severe disablement allowance F7... disablement benefit, F8reduced earnings allowance, retirement allowance or industrial death benefit or to make an increase of benefit not payable in respect of a person as the beneficiary's F9spouse or civil partner, for any period during which that person is undergoing imprisonment or detention in legal custody in connection with a charge brought or intended to be brought against him in criminal proceedings, or pursuant to any sentence or order for detention made by a court in such proceedings, unless, in relation to him, a penalty is imposed at the conclusion of those proceedings or, in the case of default of payment of a sum adjudged to be paid on conviction, a penalty is imposed in respect of such default.

The said provisions shall not operate to disqualify a person for receiving any benefit (not being a guardian's allowance or death grant), or to make an increase of benefit not payable in respect of a person as the beneficiary's F10spouse or civil partner, for any period during which that person F11(“P”) is undergoing detention in legal custody after the conclusion of criminal proceedings if it is a period during which F12P is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless P satisfies either of the following conditions.

The first condition is that—

The second condition is that P is being detained under—

The said provisions shall not operate to disqualify a person for receiving a guardian's allowance or death grant.

Subject to paragraph (7), the said provisions shall not operate to disqualify a person for receiving disablement benefit, other than any increase of that benefit, for any period during which he is undergoing imprisonment or detention in legal custody.

The amount payable by virtue of the last preceding paragraph by way of any disablement pension or pensions in respect of any period, other than a period in respect of which that person is excepted from disqualification by virtue of the provisions of paragraph (3) of this regulation, during which that person is and has continuously been undergoing imprisonment or detention in legal custody, shall not exceed the total amount payable by way of such pension or all such pensions for a period of one year.

For the purposes of this regulation—

Where a person outside Great Britain is undergoing imprisonment or detention in legal custody and, in similar circumstances in Great Britain, he would have been excepted, by the operation of any of the preceding paragraphs of this regulation, from disqualification under the said provisions (referred to in paragraph (1) ) for receiving the benefit claimed, he shall not be disqualified for receiving that benefit by reason only of his said imprisonment or detention.

Paragraph (9) applies to increases of benefit not payable under the said provisions as it applies to disqualification for receiving benefit.