SCHEDULE III SPECIAL GROUPS

F1Persons serving a sentence of imprisonment detained in hospital

F22.

(1)

F3Sub-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)

In the case of a claimant to whom paragraph (1) applies—

(a)

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)F4, and nil is the prescribed additional amount for the purposes of paragraph (b); and

(b)

the maximum amount of savings credit shall be taken to be nil.