The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010

Amendment of the State Pension Credit Regulations 2002

4.—(1) The State Pension Credit Regulations 2002(1) are amended as follows.

(2) In regulation 8 (special groups) for “patients” substitute “persons serving a sentence of imprisonment detained in hospital”.

(3) In Schedule 3 (special groups)—

(a) for the heading to paragraph 2 substitute—

“Persons serving a sentence of imprisonment detained in hospital”; and

(b) for paragraph 2(1)(2) substitute—

“(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).”.

(1)

S.I. 2002/1792.

(2)

Paragraph 2 was substituted by S.I. 2005/3360 and amended by S.I. 2006/588.