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The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010

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Amendment of the State Pension Credit Regulations 2002

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4.—(1) The State Pension Credit Regulations 2002(1) are amended as follows.

(2) In regulation 8 (special groups) for “patients” substitute “persons serving a sentence of imprisonment detained in hospital”.

(3) In Schedule 3 (special groups)—

(a)for the heading to paragraph 2 substitute—

Persons serving a sentence of imprisonment detained in hospital; and

(b)for paragraph 2(1)(2) substitute—

(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)

Paragraph 2 was substituted by S.I. 2005/3360 and amended by S.I. 2006/588.

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