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The Age-Related Payments Regulations (Northern Ireland) 2005

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6.—(1) A person who would (but for this regulation) be entitled to a payment under any of regulations 2 to 5 shall not be entitled to the payment if—

(a)he is in receipt of free in-patient treatment throughout the period of 52 weeks ending with the relevant week;

(b)he is in custody throughout the relevant week; or

(c)he is subject to immigration control throughout the relevant week.

(2) For the purposes of paragraph (1)—

(a)the reference to receipt of free in-patient treatment shall be construed in accordance with regulation 2(2) and (2A) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(1);

(b)a person is in custody if he is detained in custody under a sentence imposed by a court; and

(c)the reference to being subject to immigration control shall be construed in accordance with section 115(9) of the Immigration and Asylum Act 1999(2).

(3) Where a person to whom this regulation applies is part of a couple, in the application of these Regulations to the other member of the couple, the person to whom this regulation applies shall be treated as a non-qualifying individual.

(1)

S.R. 1975 No. 109; paragraph (2) was substituted by regulation 2 of S.R. 1992 No. 453 and paragraph (2A) was inserted by regulation 2 of S.R. 1999 No. 221

(2)

1999 c. 33; section 115 was amended by section 4(2) of the State Pension Credit Act (Northern Ireland) 2002, section 4(2) of the State Pension Credit Act 2002 (c. 16), paragraph 21 of Schedule 4, and Schedule 6 to the Tax Credits Act 2002 (c. 21) and paragraph 3 of the Schedule to S.I. 2002/1457

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