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Paragraph 2 Persons serving a sentence of imprisonment detained in hospitalF4F1

(1)

F2Sub-paragraph (2) applies in the case of a claimant (“C”) who satisfies either of the following conditions.

(1A)

The first condition is that—

(a)

C is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and

(b)

in any case where there is in relation to C a release date within the meaning of section 50(3) of that Act, C is being detained on or before the day which the Secretary of State certifies to be that release date.

(1B)

The second condition is that C is being detained under—

(a)

section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or

(b)

section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).

(2)

In the case of a claimant to whom paragraph (1) applies—

(a)

section 2(3) has effect with the substitution of a reference to a nil amount for the reference to the standard minimum guarantee in paragraph (a)F3, and nil is the prescribed additional amount for the purposes of paragraph (b); and

C1(b)

the maximum amount of savings credit shall be taken to be nil.

Annotations

Textual amendments

F1

Sch. III para. 2 substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(a), 8(5)

F2

Sch. III para. 2(1)-(1B) substituted for Sch. III para. 2(1) (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 4(3)(b)

F3

Words in Sch. III para. 2(2)(a) added (10.4.2006) by The Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(8), 4(4)

F4

Sch. III para. 2 heading substituted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 4(3)(a)

Modifications

C1

Sch. III para. 2(2)(b) sum maintained (coming into force in accordance with art. 1(2)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(l), 25(1)(6), Sch. 13