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

(1)

S.R. 1984 No. 92; relevant amending Regulations are S.R. 2005 No. 539

(2)

Paragraph (3) was amended by regulation 3 of S.R. 2005 No. 539

(3)

S.I. 1986/595 (N.I. 4); Article 53 was amended by paragraph 38 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26)

(4)

Article 56(3) was substituted by section 296(3) of the Criminal Justice Act 2003 (c. 44)