# The State Pension Regulations (Northern Ireland) 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 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 Northern Ireland or elsewhere who is imprisoned or detained in legal custody in connection with, or as a result of, criminal proceedings;
(b) a prisoner in Northern Ireland or elsewhere who is unlawfully at large;
(c) a prisoner in Northern Ireland who is being detained—
(i) under Article 53 of the Mental Health (Northern Ireland) Order 1986 (removal to hospital of persons serving sentences of imprisonment etc) ; and
(ii) on or before the day which the Department of Justice certifies to be the person's release date (if any) within the meaning given in Article 56(3) of that Order ;
(3) Where a person outside Northern Ireland is a prisoner within paragraph (2)(a) or (b) and, in similar circumstances in Northern Ireland, 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/nisr/2015/315/regulation/2 (the official version)
Page: https://openlegislation.uk/state-pension-regulations-northern-ireland-2015/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

