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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Social Security (Guardian’s Allowances) Regulations 1975 in relation to the circumstances in which a person is to be treated as being in prison for the purposes of section 77(2)(c) of the Social Security Contributions and Benefits Act 1992 by—

reducing the minimum length of custodial sentence from five to two years; and

including persons who are ordered by a court to be detained in hospital—

  • under the Mental Health Act 1983 or the Criminal Procedure (Scotland) Act 1995 following conviction;

  • under the Criminal Procedure (Insanity) Act 1964 or the Criminal Appeal Act 1968 following a verdict of not guilty by reason of insanity or a finding that the accused was under a disability; or

  • under the Criminal Procedure (Scotland) Act 1995 following an acquittal on the grounds of insanity or a finding of insanity.

The Regulations also make some consequential amendments.

These Regulations do not impose any charge on business.