PART 2Prisoners
Prisoners who are not to be paid state pension2.
(1)
Subject to regulation 3, a person is not to be paid a state pension under Part 1 of the Act (state pension) for any period during which the person is a prisoner who is mentioned in paragraph (2).
(2)
Except where paragraph (3) applies, a person is a prisoner for the purposes of paragraph (1) where the person is—
(a)
a prisoner in Northern Ireland or elsewhere who is imprisoned or detained in legal custody in connection with, or as a result of, criminal proceedings;
(b)
a prisoner in Northern Ireland or elsewhere who is unlawfully at large;
(c)
a prisoner in Northern Ireland who is being detained—
(i)
(ii)
(3)
Where a person outside Northern Ireland is a prisoner within paragraph (2)(a) or (b) and, in similar circumstances in Northern Ireland, the person would not have been a prisoner, the person is not a prisoner within paragraph (2)(a) or (b).
Paying state pension to persons who are remanded in custody3.
(1)
Where a person is remanded in custody for an offence, regulation 2(1) does not apply unless a sentence described in paragraph (2) is later imposed on the person for the offence.
(2)
Subject to paragraph (3), the described sentences for the purposes of paragraph (1) are—
(a)
a sentence of imprisonment or detention in legal custody as a result of criminal proceedings;
(b)
a sentence of detention where the provisions mentioned in regulation 2(2)(c)(i) apply; and
(c)
(3)
A sentence described in paragraph (2)(a) which is imposed outside Northern Ireland is not a described sentence for the purposes of paragraph (1) if, in similar circumstances in Northern Ireland, a sentence described in paragraph (2)(a) would not have been imposed.