Regulation 3 Amendment of the Social Security (General Benefit) Regulations 1982

In the Social Security (General Benefit) Regulations 1982 M1, in regulation 2 (exceptions from disqualifications from imprisonment etc.)—

(a)

in paragraph (3) M2 for sub-paragraphs (a) and (b) substitute—

“(a)
he is detained or liable to be detained under section 45A of the Mental Health Act 1983 M3 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 M4 (hospital direction); or
(b)
he is detained or liable to be detained under section 47 of the Mental Health Act 1983 M5 (removal to hospital of persons serving sentences of imprisonment, etc.) or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment for mental disorder).”,

(b)

in paragraph (4)—

(i)

for “each of the conditions specified in paragraph (3)(a) and (b)” substitute “ paragraph (3)(a) or (b) ”, and

(ii)

for “for the Home Department or the Secretary of State for Scotland and furnished to the Secretary of State for Social Services” substitute “ or Scottish Ministers ”, and

(c)

in paragraph (8) omit sub-paragraphs (e) and (f).

Annotations

Marginal citations

M1: S.I. 1982/1408.
M2: Paragraph (3) was amended by S.I. 2005/2878.
M3: 1983 c. 20; section 45A was inserted by the Crime (Sentences) Act 1997 (c. 43), section 46, and amended by the Criminal Justice Act 2003 (c. 44), Schedule 32, paragraphs 37 and 39 and Schedule 37, Part 7.
M4: 1995 c. 46; section 59A was inserted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp13), Schedule 4, paragraph 8(6).
M5: Section 47 was amended by the Crime (Sentences) Act 1997, section 49(3).