Prisoners who are not to be paid bereavement support payment6
1
Subject to regulation 7, a person is not to be paid bereavement support payment for any period during which the person is a prisoner5.
2
Except where paragraph (3) applies, a person is a prisoner for the purposes of paragraph (1) where the person is—
a
a prisoner in Great Britain or elsewhere who is imprisoned or detained in legal custody in connection with, or as a result of, criminal proceedings;
b
a prisoner in Great Britain or elsewhere who is unlawfully at large;
c
a prisoner in Great Britain who is being detained—
i
under section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc)6; and
ii
on or before the day which the Secretary of State certifies to be the person’s release date (if any) within the meaning in section 50(3) of that Act (further provisions as to prisoners under sentence)7;
d
a prisoner in Great Britain who is being detained under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder)8.
3
Where a person outside Great Britain is a prisoner within paragraph (2)(a) or (b) and, in similar circumstances in Great Britain, the person would not have been a prisoner, the person is not a prisoner within paragraph (2)(a) or (b).