Regulation 3 Paying state pension to persons who are remanded in custody
Where a person is remanded in custody for an offence, regulation 2(1) does not apply unless a sentence described in paragraph (2) is later imposed on the person for the offence.
Subject to paragraph (3), the described sentences for the purposes of paragraph (1) are—
a sentence of imprisonment or detention in legal custody as a result of criminal proceedings;
a sentence of detention where the provisions mentioned in regulation 2(2)(c)(i) apply; and
a suspended sentence within the meaning given in section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 M1 (suspended sentences of imprisonment).
A sentence described in paragraph (2)(a) which is imposed outside Northern Ireland is not a described sentence for the purposes of paragraph (1) if, in similar circumstances in Northern Ireland, a sentence described in paragraph (2)(a) would not have been imposed.
Annotations
Marginal citations
- M1
1968 c. 29 (N.I.); section 18 was amended by Article 9(1) of the Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))