{
  "url": "https://openlegislation.uk/state-pension-credit-regulations-2002/schedule-III/paragraph-2",
  "json_url": "https://openlegislation.uk/state-pension-credit-regulations-2002/schedule-III/paragraph-2.json",
  "legislation": "uksi/2002/1792",
  "legislation_title": "The State Pension Credit Regulations 2002",
  "legislation_url": "https://openlegislation.uk/state-pension-credit-regulations-2002",
  "path": "schedule/III/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Persons serving a sentence of imprisonment detained in hospital",
  "text": "(1) Sub-paragraph (2) applies in the case of a claimant (“C”) who satisfies either of the following conditions.\n(1A) The first condition is that—\n(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\n(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.\n(1B) The second condition is that C is being detained under—\n(a) section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or\n(b) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).\n(2) In the case of a claimant to whom paragraph (1) applies—\n(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), and nil is the prescribed additional amount for the purposes of paragraph (b); and\n(b) the maximum amount of savings credit shall be taken to be nil.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/1792/schedule/III/paragraph/2",
    "retrieved_at": "2026-11-05T03:44:20.157383+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."
}