The Age-Related Payments (Northern Ireland) Order 2004

Disqualifications

6.—(1) A qualifying individual who would (but for this Article) be entitled to a payment under Article 4 or 5 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 paragraph (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 (Northern Ireland) 1975 (S.R. 1975 No. 109),

(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 Article applies is part of a couple, in the application of Article 4(3) and (4) to the other member of the couple the person to whom this Article applies shall be treated as a non-qualifying individual.