The Social Security (Hospital In-Patients) Regulations 2005

Amendment of the State Pension Credit Regulations 2002 E+W+S

8.—(1) The State Pension Credit Regulations 2002 M1 are amended as follows.

(2) In regulation 1(2) (interpretation), for the definition of “patient” substitute— “ “patient”, except in Schedule II, means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005 M2 ; ”.

(3) In regulation 15 (income for the purposes of the Act), in paragraph (4), for sub-paragraph (b) substitute—

“(b) regulation 2 of the Social Security (Hospital In-Patients) Regulations 2005 M3 ;”.

(4) In Schedule 2 (housing costs)—

(a) in paragraph 1(2)(a), in the definition of “disabled person”, in sub-paragraph (iii)(bb) M4 for “any provision of the Social Security (Hospital In-Patients) Regulations 1975” substitute “ suspension or abatement because the person becomes a patient ”, and

(b) in paragraph 14(7)(e) M5 (persons residing with the claimant: non-dependant deductions), for “a patient” substitute “ an in-patient residing in a hospital or similar institution ”.

(5) In Schedule 3 (special groups), under the heading “further provisions in the case of patients” for paragraph 2 substitute—

“2.— (1) Sub-paragraph (2) applies in the case of a claimant who is detained, or liable to be detained, under—

(a) section 45A of the Mental Health Act 1983 M6 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 M7 (hospital direction); or

(b) section 47 of the Mental Health Act 1983 M8 (removal to hospital of persons serving sentences of imprisonment, etc.) or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment for mental disorder),

but not if his detention continues after the date which the Secretary of State certifies or Scottish Ministers certify would have been the earliest date on which he could have been released in respect of, or from, the prison sentence if he had not been detained in hospital.

(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

(b) the maximum amount of savings credit shall be taken to be nil.”.

Marginal Citations

M1 S.I. 2002/1792.

M2 S.I. 2005/3360.

M3 S.I. 2005/3360.

M4 Head (iii) was amended by S.I. 2002/3197.

M5 Sub-paragraph (e) was amended by S.I. 2003/1195.

M6 1983 c. 20; section 45A was inserted by the Crime (Sentences) Act 1997 (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.

M7 1995 c. 46; section 59A was inserted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp13), Schedule 4, paragraph 8(6).

M8 Section 47 was amended by the Crime (Sentences) Act 1997, section 49(3).