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

Citation and commencement

1.  These Regulations may be cited as the Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations (Northern Ireland) 2010 and shall come into operation on 25th March 2010.

Amendment of the Social Security (General Benefit) Regulations

2.  In regulation 2 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(1) (exceptions from disqualification for imprisonment, etc.)—

(a) in paragraph (3)(2) for the words from “is undergoing detention in legal custody” to the end substitute—

“(“P”) is undergoing detention in legal custody after the conclusion of criminal proceedings if it is a period during which P is detained in a hospital or similar institution in Northern Ireland as a person suffering from a mental disorder unless—

(a) P is being detained under Article 53 of the Mental Health (Northern Ireland) Order 1986(3) (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 Article 56(3) of that Order(4) (further provisions as to prisoners under sentence), P is being detained on or before the day which the Secretary of State certifies to be that release date.”; and

(b) omit paragraph (4).

Amendment of the Income Support (General) Regulations

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(5) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 21(3) (special cases) after the definition “person from abroad”(6) insert—

““person serving a sentence of imprisonment detained in hospital” means a person who—

(a)

is being detained under Article 53 of Mental Health (Northern Ireland) Order1986 (removal to hospital of persons serving sentences of imprisonment etc.), and

(b)

in any case where there is in relation to that person a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), is being detained on or before the day which the Secretary of State certifies to be that release date;”.

(3) For paragraph 2A(7) of Schedule 7 (applicable amounts in special cases) substitute—

“Persons serving a sentence of imprisonment detained in hospital
	2A. A person serving a sentence of imprisonment detained in hospital.	2A. Nil.”.

Amendment of the State Pension Credit Regulations

4.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(8) are amended in accordance with paragraphs (2) and (3).

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

(3) In paragraph 2 of Schedule 3(9) (special groups)—

(a) for the heading substitute—

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

(b) for sub-paragraph (1) substitute—

“(1) Sub-paragraph (2) applies in the case of a claimant who—

(a) is being detained under Article 53 of Mental Health (Northern Ireland) Order1986 (removal to hospital of persons serving sentences of imprisonment etc.), and

(b) in any case where there is in relation to that claimant a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), is being detained on or before the day which the Secretary of State certifies to be that release date.”.

Amendment of the Employment and Support Allowance Regulations

5.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(10) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 69(2) (special cases) after the definition “person in hardship” insert—

““person serving a sentence of imprisonment detained in hospital” means a person who—

(a)

is being detained under Article 53 of Mental Health (Northern Ireland) Order1986 (removal to hospital of persons serving sentences of imprisonment etc.), and

(b)

in any case where there is in relation to that person a release date within the meaning of Article 56(3) of that Order (further provisions as to prisoners under sentence), is being detained on or before the day which the Secretary of State certifies to be that release date;”.

(3) In regulation 160 (exceptions for disqualification for imprisonment)—

(a) for paragraph (3) substitute—

“(3) Notwithstanding section 18(4)(b) of the Act, a claimant (“C”) is not to be disqualified for receiving a contributory allowance, for any period during which C is undergoing detention in legal custody after the conclusion of criminal proceedings if it is a period during which C is detained in a hospital or similar institution in Northern Ireland as a person suffering from mental disorder unless—

(a) C is detained under Article 53 of Mental Health Order (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 Article 56(3) of that Order (further provisions as to prisoners under sentence), C is being detained on or before the day which the Secretary of State certifies to be that release date.”; and

(b) omit paragraph (4).

(4) In column (1) of Schedule 5 (special cases)—

(a) for paragraph 12 substitute—

“Persons serving a sentence of imprisonment detained in hospital

12.   A person serving a sentence of imprisonment detained in hospital.”; and

(b) before paragraph 13 insert—

“Patients”.

Revocation

6.  Regulation 3(5)(b) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005(11) is revoked.

Sealed with the Official Seal of the Department for Social Development on 2nd March 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development