The Bereavement Support Payment Regulations (Northern Ireland) 2018

Prisoners who are not to be paid bereavement support payment

6.—(1) Subject to regulation 7, a person is not to be paid a bereavement support payment for any period during which the person is a prisoner(1).

(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) under Article 53 of the Mental Health (Northern Ireland) Order 1986 (removal to hospital of persons serving sentences of imprisonment, etc.)(2); and

(ii) on or before the day which the Minister of Justice certifies to be the person’s release date (if any) within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence).

(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).

(1)

See section 31(2) of the Pensions Act (Northern Ireland) 2015

(2)

S.I. 1986/595 (NI 4)