Sch. III para. 2 heading substituted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 4(3)(a)
Sch. III para. 2 substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(a), 8(5)
Sch. III para. 2(1)-(1B) substituted for Sch. III para. 2(1) (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 4(3)(b)
Words in Sch. III para. 2(2)(a) added (10.4.2006) by The Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(8), 4(4)
Sch. III para. 2 modified (for specified purposes and with effect in accordance with art. 1(2)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(l), 26(6), Sch. 20
Sch. III para. 2 modified (with effect in accordance with art. 1(2)(k) (3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(k), 26(6), Sch. 17
The first condition is that—
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
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.
The second condition is that C is being detained under—
section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
In the case of a claimant to whom paragraph (1) applies—
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)
the maximum amount of savings credit shall be taken to be nil.