F5Persons serving a sentence of imprisonment detained in hospital

12.

F5A 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 F1 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 F2 (hospital directions); or

(b)

section 47 of the Mental Health Act 1983 F3 (removal to hospital of persons serving sentences of imprisonment, etc.) or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 F4 (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.

F6Patients

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, F7each 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%.