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The State Pension Credit Regulations 2002
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The State Pension Credit Regulations 2002, Paragraph 2 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Persons serving a sentence of imprisonment detained in hospital]
[F22.—(1) [F3Sub-paragraph (2) applies in the case of a claimant (“C”) who satisfies either of the following conditions.
(1A) The first condition is that—
(a)C is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
(b)in any case where there is in relation to C a release date within the meaning of section 50(3) of that Act, C is being detained on or before the day which the Secretary of State certifies to be that release date.
(1B) The second condition is that C is being detained under—
(a)section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
(b)section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).]
(2) In the case of a claimant to whom paragraph (1) applies—
(a)section 2(3) has effect with the substitution of a reference to a nil amount for the reference to the standard minimum guarantee in paragraph (a)[F4, and nil is the prescribed additional amount for the purposes of paragraph (b)]; and
(b)the maximum amount of savings credit shall be taken to be nil.]
Textual Amendments
F1Sch. III para. 2 heading substituted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 4(3)(a)
F2Sch. III para. 2 substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(a), 8(5)
F3Sch. III para. 2(1)-(1B) substituted for Sch. III para. 2(1) (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 4(3)(b)
F4Words in Sch. III para. 2(2)(a) added (10.4.2006) by The Social Security (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/588), regs. 1(8), 4(4)
Modifications etc. (not altering text)
C1Sch. III para. 2(2)(b) sum maintained (coming into force in accordance with art. 1(2)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(l), 25(1)(6), Sch. 13
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