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3.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.
(2) In regulation 21 (special cases) after paragraph (3)(2) insert—
“(3ZA) In Schedule 7 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions.
(3ZB) The first condition is that—
(a)P 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 P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.
(3ZC) The second condition is that P 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).”.
(3) In Schedule 7 (applicable amount in special cases), in column (1), for paragraph 2A(3) substitute—
2A. A person serving a sentence of imprisonment detained in hospital.”.
Paragraph (3) was amended by S.I. 1995/516, 1998/563, 2000/636, 2005/445, 2005/2078, 2005/2687, 2005/2877, 2005/3360, 2006/1026. Paragraph (3A) was inserted by S.I. 1991/1656 and revoked by S.I. 2005/2687.
Paragraph 2A was inserted by S.I. 1990/547 and substituted by S.I. 2005/3360.
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