The Employment and Support Allowance Regulations (Northern Ireland) 2008 No. 280

SCHEDULE 5 N.I. Special Cases

PART 2 N.I. AMOUNTS PRESCRIBED FOR THE PURPOSES OF SECTIONS 2(1) AND 4(2) OF THE ACT

Commencement Information

I1 Sch. 5 Pt. 2 in operation at 27.10.2008, see reg. 1(1)

(1)	(2)
Person	Amount
Patients 12.  A claimant who is detained, or liable to be detained, under Article 53 of the Mental Health Order(1) (removal to hospital of persons serving sentences of imprisonment, etc.) but not if the detention continues after the date which the Secretary of State certifies would have been the earliest date on which the claimant could have been released in respect of, or from, the prison sentence if the claimant had not been detained in hospital.	12.  The amount applicable under regulation 67(2) and the amount of nil under regulation 67(3).
13.  Subject to paragraph 12, a single claimant who has been a patient for a continuous period of more than 52 weeks or, where the claimant is one of a couple, the other member of the couple has been a patient for a continuous period of more than 52 weeks.	13.  The amounts applicable under regulation 67(1)(a), (c) and (2) and the amount of nil under regulation 67(3).
Person in hardship 14.  Where regulation 157 applies, a claimant who is a person in hardship.	14.  The amount to which the claimant is entitled under regulation 67(1)(a) and (2) or 68(1)(a) is to be reduced by 20 per cent.

(1)

Article 53 was amended by paragraph 38 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26)