The Employment and Support Allowance Regulations (Northern Ireland) 2008

Special cases N.I.

69.—(1) In the case of a claimant to whom any paragraph in column (1) of Schedule 5 applies (amounts in special cases), the amount in respect of the claimant is to be the amount in the corresponding paragraph in column (2) of that Schedule.

(2) In Schedule 5—

“partner of a person subject to immigration control” means a person—

(a)

who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

(b)

to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(1); and

(c)

who is a member of a couple and the member’s partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to the partner for the purposes of exclusion from entitlement to an income-related allowance;

“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005(2);

“person from abroad” has the meaning given by regulation 70;

“person in hardship” means a person who satisfies regulation 158 but only for a period not exceeding 6 weeks;

[F1 “person serving a sentence of imprisonment detained in hospital” means a person who—

(a)

is being detained under Article 53 of Mental Health (Northern Ireland) Order1986 (removal to hospital of persons serving sentences of imprisonment etc.), and

(b)

in any case where there is in relation to that person a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), is being detained on or before the day which the Secretary of State certifies to be that release date;]

“prisoner” means a person who—

(d)

is detained in custody pending trial or sentence on conviction or under a sentence imposed by a court; or

(e)

is on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953(3),

other than a person who is detained in hospital under the provisions of the Mental Health Order.

Textual Amendments

F1 Words in reg. 69(2) inserted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations (Northern Ireland) 2010 (S.R. 2010/58), regs. 1, 5(2)

Commencement Information

I1 Reg. 69 in operation at 27.10.2008, see reg. 1(1)

(1)

S.R. 2000 No. 71

(2)

S.R. 2005 No. 580

(3)

1953 c. 18 (N.I.)