{
  "url": "https://openlegislation.uk/social-security-guardians-allowances-amendment-regulations-2002/regulation-2",
  "json_url": "https://openlegislation.uk/social-security-guardians-allowances-amendment-regulations-2002/regulation-2.json",
  "legislation": "uksi/2002/492",
  "legislation_title": "The Social Security (Guardian’s Allowances) Amendment Regulations 2002",
  "legislation_url": "https://openlegislation.uk/social-security-guardians-allowances-amendment-regulations-2002",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Amendment of the Social Security (Guardian’s Allowances) Regulations 1975",
  "text": "(1) Regulation 5 of the Social Security (Guardian’s Allowances) Regulations 1975 (children whose surviving parents are in prison or legal custody) shall be amended in accordance with the following provisions of this regulation.\n(2) For paragraph (1) there shall be substituted the following paragraph—\n“(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—\n(a) serving a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 or a sentence of detention or imprisonment within the meaning of section 307(1) of the Criminal Procedure (Scotland) Act 1995, of not less than 2 years; or\n(b) detained in a hospital by order of the court under section 37(1), 38 or 45A of the Mental Health Act 1983, section 5 of the Criminal Procedure (Insanity) Act 1964, section 6 or 14 of the Criminal Appeal Act 1968 or section 57, 58 or 59A of the Criminal Procedure (Scotland) Act 1995.”.\n(3) In paragraph (2)—\n(a) for the figure “5”, in both places where it occurs, there shall be substituted the figure “2”;\n(b) for the words “paragraph (1)” there shall be substituted the words “paragraph (1)(a)”; and\n(c) in sub-paragraph (c), for the words “a sentence of imprisonment” there shall be substituted “a custodial sentence or a sentence of detention or imprisonment as are referred to in paragraph (1)(a)”.\n(4) For paragraph (3) there shall be substituted the following paragraph—\n“(3) Subject to the provisions of the next following paragraph, a person shall be treated as—\n(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\n(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.”.\n(5) In paragraph (4)—\n(a) for the words “such a sentence or to be in such custody as is referred to in paragraph (1)” there shall be substituted “such a custodial sentence as is referred to in paragraph (1)(a)”; and\n(b) in sub-paragraph (a), for the figure “5” there shall be substituted the figure “2”.\n(6) In paragraph (9), for the figure “5” there shall be substituted the figure “2”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1975/515. Regulation 5 was amended by S.I. 1977/342."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2000 c. 6."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1995 c. 46."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1983 c. 20. Section 37 was amended by the Crime (Sentences) Act 1997 (c. 43) and the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). Section 38 was amended and section 45A was inserted by the Crime (Sentences) Act 1997."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1964 c. 84. Section 5 was substituted by section 3 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1968 c. 19. Sections 6 and 14 were substituted by section 4 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "1995 c. 46. Section 59A was inserted by section 6(1) of the Crime and Punishment (Scotland) Act 1997 (c. 48)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/492/regulation/2",
    "retrieved_at": "2026-10-29T07:13:53.103982+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}