# The State Pension Credit Regulations 2002, Paragraph 2: Persons serving a sentence of imprisonment detained in hospital


(1) Sub-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), and nil is the prescribed additional amount for the purposes of paragraph (b); and
(b) the maximum amount of savings credit shall be taken to be nil.

---
Source: https://www.legislation.gov.uk/uksi/2002/1792/schedule/III/paragraph/2 (the official version)
Page: https://openlegislation.uk/state-pension-credit-regulations-2002/schedule-III/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.