Regulation 2 Amendment of the Social Security (Guardian’s Allowances) Regulations 1975

Regulation 5 of the Social Security (Guardian’s Allowances) Regulations 1975^f1 (children whose surviving parents are in prison or legal custody) shall be amended in accordance with the following provisions of this regulation.

For paragraph (1) there shall be substituted the following paragraph—

“(1)

Subject to the following provisions of this regulation, the circumstances in which a person is to be treated for the purposes of section 77(2)(c) of the Social Security Contributions and Benefits Act 1992 as being in prison are that he is—

(a)

serving a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000^f2 or a sentence of detention or imprisonment within the meaning of section 307(1) of the Criminal Procedure (Scotland) Act 1995^f3, of not less than 2 years; or

(b)

detained in a hospital by order of the court under section 37(1), 38 or 45A of the Mental Health Act 1983^f4, section 5 of the Criminal Procedure (Insanity) Act 1964^f5, section 6 or 14 of the Criminal Appeal Act 1968^f6 or section 57, 58 or 59A^f7 of the Criminal Procedure (Scotland) Act 1995.”.

In paragraph (2)—

For paragraph (3) there shall be substituted the following paragraph—

“(3)

Subject to the provisions of the next following paragraph, a person shall be treated as—

(a)

not having ceased to be serving such a custodial sentence as is referred to in paragraph (1)(a) of this regulation if he is transferred to a hospital or is temporarily released or is unlawfully at large; or

(b)

not having ceased to be detained in such circumstances as are referred to in paragraph (1)(b) of this regulation if he is temporarily released or is unlawfully at large.”.

In paragraph (4)—

In paragraph (9), for the figure “5” there shall be substituted the figure “2”.