The Employment and Support Allowance Regulations (Northern Ireland) 2016

Special cases

63.—(1) The amount prescribed for the purposes of the calculation of the amount of a claimant’s employment and support allowance under section 2(1)(a) of the Act in respect of a claimant who—

(a) satisfies the condition in paragraph (3); or

(b) has been a patient for a continuous period of more than 52 weeks,

is the amount applicable under regulation 62(1) and the amount of nil under regulation 62(2).

(2) The amount prescribed for those purposes in respect of a claimant who is a person in hardship, is the amount to which the claimant is entitled—

(a) under regulation 62(1) reduced by 20 per cent.; and

(b) under regulation 62(2).

(3) The condition mentioned in paragraph (1)(a) is that—

(a) the claimant is being detained under Article 53 of the Mental Health Order(1) (removal to hospital of persons serving sentences of imprisonment etc.); and

(b) in any case where there is in relation to the claimant a release date within the meaning of Article 56(3) of that Order(2) (further provisions as to prisoners under sentence), the claimant is being detained on or before the day which the Department of Justice certifies to be that release date.

(4) In this regulation—

“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(3);

“prisoner” means a person who—

(a)

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

(b)

is on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953(4),

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

(5) For the purposes of this regulation—

(a) except where sub-paragraph (b) applies, a person is a “person in hardship” if they satisfy regulation 94; and

(b) where a person satisfies regulation 94 for more than 6 weeks, they are a person in hardship only for the first 6 weeks.

(1)

S.I. 1986/595 (N.I. 4); Article 53 was amended by paragraph 38 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26)

(2)

Article 56(3) was substituted by section 296(3) of the Criminal Justice Act 2003 (c. 44) and amended by paragraph 5(2) of Schedule 5 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008 1216 (N.I. 1))

(3)

S.R. 2005 No. 580

(4)

1953 c. 18 (N.I.)