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

Amendment of the Social Security (General Benefit) Regulations 1982

2.—(1) The Social Security (General Benefit) Regulations 1982(1) are amended as follows.

(2) In regulation 2 (exceptions from disqualification for imprisonment etc.)—

(a) in paragraph (3)(2)—

(i) after “that person” insert “(“P”)”;

(ii) for the words beginning “he is liable to be detained in a hospital” to the end of the paragraph substitute “P is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless P satisfies either of the following conditions.”; and

(b) for paragraph (4)(3) substitute—

“(4) The first condition is that—

(a) P is being detained under section 45A or 47 of the Mental Health Act 1983(4) (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 P a release date within the meaning of section 50(3) of that Act(5), P is being detained on or before the day which the Secretary of State certifies to be that release date.

(4A) The second condition is that P is being detained under—

(a) section 59A of the Criminal Procedure (Scotland) Act 1995(6) (hospital direction); or

(b) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003(7) (transfer of prisoners for treatment of mental disorder).”.

(1)

S.I. 1982/1408.

(2)

Paragraph (3) was amended by S.I. 2005/2878 and 2005/3360.

(3)

Paragraph (4) was amended by S.I. 2005/3360.

(4)

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, paragraph 39 and Schedule 37, Part 7 and the Mental Health Act 2007 (c.12) sections 4(6) and 10(8), Schedule 1, paragraph 9 and Schedule 11, Part 1. Section 47 was amended by the Crime (Sentences) Act 1997, section 49(3) and Schedule 6, the Domestic Violence, Crime and Victims Act 2004 (c.28), Schedule 10, paragraph 18, the Armed Forces Act 2006 (c.52), Schedule 16, paragraph 97 and the Mental Health Act 2007, section 4(7), Schedule 1, paragraph 10 and Schedule 11, Part 1.

(5)

Section 50(3) was substituted by the Criminal Justice Act 2003, section 294(3).

(6)

1995 c.46. Section 59A was substituted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), schedule 4, paragraph 8(6).

(7)

2003 asp 13.