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

Amendment of the Employment and Support Allowance Regulations 2008

5.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 69 (special cases) after paragraph (2) add—

“(3) In Schedule 5 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions.

(4) The first condition is that—

(a) P 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 P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.

(5) The second condition is that P 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).”.

(3) In regulation 160(2) (exceptions for disqualification for imprisonment)—

(a) in paragraph (3)—

(i) after the words “a claimant” insert “(“C”)”;

(ii) for the words “the claimant” (the first time they appear) substitute “C”;

(iii) for the words beginning “the claimant is liable to be detained in a hospital” to the end of the paragraph substitute “C is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless C satisfies either of the following conditions”; and

(b) for paragraph (4) substitute—

“(4) 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.

(4A) 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).”.

(4) In Part 2 of Schedule 5 (special cases) in column (1)—

(a) for paragraph 12 and its heading substitute—

“Persons serving a sentence of imprisonment detained in hospital

12.   A person serving a sentence of imprisonment detained in hospital.”; and

(b) before paragraph 13 insert the heading—

“Patients”.

(1)

S.I. 2008/794.

(2)

Regulation 160 was amended by S.I. 2008/2428.