# The State Pension Regulations 2015, Regulation 2: Prisoners who are not to be paid state pension


(1) Subject to regulation 3, a person is not to be paid a state pension under Part 1 of the 2014 Act (state pension) for any period during which the person is a prisoner who is mentioned in paragraph (2).
(2) Except where paragraph (3) applies, a person is a prisoner for the purposes of paragraph (1) where the person is—
(a) a prisoner in Great Britain or elsewhere who is imprisoned or detained in legal custody in connection with, or as a result of, criminal proceedings;
(b) a prisoner in Great Britain or elsewhere who is unlawfully at large;
(c) a prisoner in Great Britain who is being detained—
(i) under section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment etc) ; and
(ii) on or before the day which the Secretary of State certifies to be the person's release date (if any) within the meaning in section 50(3) of that Act ;
(d) a prisoner in Great Britain who is being detained under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder) .
(3) Where a person outside Great Britain is a prisoner within paragraph (2)(a) or (b) and, in similar circumstances in Great Britain, the person would not have been a prisoner, the person is not a prisoner within paragraph (2)(a) or (b).

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Source: https://www.legislation.gov.uk/uksi/2015/173/regulation/2 (the official version)
Page: https://openlegislation.uk/state-pension-regulations-2015/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.