(1)A qualifying individual who would (but for this section) be entitled to a payment under section 2 or 3 shall not be entitled to the payment if—
(a)he is in receipt of free in-patient treatment throughout the period of 52 weeks ending with the relevant week,
(b)he is in custody throughout the relevant week, or
(c)he is subject to immigration control throughout the relevant week.
(2)For the purposes of subsection (1)—
(a)the reference to receipt of free in-patient treatment shall be construed in accordance with regulation 2(2) and (2A) of the Social Security (Hospital In-Patients) Regulations 1975 (S.I. 1975/555),
(b)a person is in custody if he is detained in custody under a sentence imposed by a court, and
(c)the reference to being subject to immigration control shall be construed in accordance with section 115(9) of the Immigration and Asylum Act 1999 (c. 33).
(3)Where a person to whom this section applies is part of a couple, in the application of section 2(3) and (4) to the other member of the couple the person to whom this section applies shall be treated as a non-qualifying individual.