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Changes over time for: Paragraph 2
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Point in time view as at 12/04/2021.
Changes to legislation:
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Changes to Legislation
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[Persons serving a sentence of imprisonment detained in hospital]
[2.—(1) [Sub-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)[, 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
Modifications etc. (not altering text)
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