The Employment and Support Allowance Regulations 2008

PART 2 E+W+S Amounts prescribed for the purposes of sections 2(1) and 4(2) of the Act

[F1 Persons serving a sentence of imprisonment detained in hospital]
12.	[F1 A person serving a sentence of imprisonment detained in hospital.]		12.	The amount applicable under regulation 67(2) and the amount of nil under regulation 67(3).
	(a)	section 45A of the Mental Health Act 1983 F2 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 F3 (hospital directions); or
	(b)	section 47 of the Mental Health Act 1983 F4 (removal to hospital of persons serving sentences of imprisonment, etc.) or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 F5 (transfer of prisoners for treatment for mental disorder),
	but not if the detention continues after the date which the Secretary of State certifies or Scottish Ministers certify would have been the earliest date on which the claimant could have been released in respect of, or from, the prison sentence if the claimant had not been detained in hospital.
	[F6 Patients]
13.	Subject to paragraph 12, a single claimant who has been a patient for a continuous period of more than 52 weeks or, where the claimant is one of a couple, [F7 each] member of the couple has been a patient for a continuous period of more than 52 weeks.		13.	The amounts applicable under regulation 67(1)(a), (c) and (2) and the amount of nil under regulation 67(3).
14.	Person in hardship
	A claimant who is a person in hardship.		14.	The amount to which the claimant is entitled under regulation 67(1)(a) and (2) or 68(1)(a) is to be reduced by 20%.

Textual Amendments

F1 Words in Sch. 5 Pt. 2 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, 5(4)(a)

F2 1983 c. 20; section 45A was inserted by the Crime (Sentences) Act 1977 (c. 43), section 46, and amended by the Criminal Justice Act 2003 (c. 44), Schedule 32, paragraphs 37 and 39 and Schedule 37, Part 7.

F3 1995 c. 46; section 59A was inserted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp. 13), Schedule 4, paragraph 8(6).

F4 Section 47 was amended by the Crime (Sentences) Act 1997, section 49(3).

F5 2003 asp. 13.

F6 Word in Sch. 5 Pt. 2 inserted (25.3.2010) by The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 (S.I. 2010/442), regs. 1, 5(4)(b)

F7 Word in Sch. 5 Pt. 2 para. 13 substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(35)