The Personal Independence Payment Regulations (Northern Ireland) 2016

Prisoners and detainees

31.—(1) Subject to paragraph (2), Article 92 does not apply in respect of the first 28 days of any period during which C is a person to whom that Article would otherwise apply.

(2) Where, on the day on which C’s entitlement to personal independence payment commences, C is a person to whom that Article applies, paragraph (1) does not apply to C in respect of any period of consecutive days, beginning with that day, on which C continues to be a person to whom that Article applies.

(3) Article 92 does not apply to C in respect of any period after the conclusion of criminal proceedings as a result of which C is detained in a hospital or similar institution in Northern Ireland as a person suffering from mental disorder unless C satisfies the conditions set out in paragraph (4).

(4) The conditions referred to in paragraph (3) are that C is—

(a) detained under Article 53 of the Mental Health (Northern Ireland) Order 1986(1) (removal to hospital of persons serving sentences of imprisonment, etc.); and

(b) being detained on or before the day on which C would be entitled to be released within the meaning of Article 56(3) of that Order(2) (further provisions as to prisoners under sentence).

(5) For the purposes of this regulation—

(a) “hospital or similar institution” means any place (not being a prison, a juvenile justice centre or a young offenders centre and not being at or in any such place) in which persons suffering from mental disorder are or may be received for care or treatment;

(b) criminal proceedings against any person are deemed to be concluded upon that person being found insane in those proceedings with the effect that that person cannot be tried or the trial of that person cannot proceed.

(6) Article 92 does not apply to C where—

(a) C is undergoing imprisonment or detention in legal custody outside Northern Ireland; and

(b) in similar circumstances in Northern Ireland, C would have been excepted from the application of that Article by virtue of the operation of any provision of this regulation.

(1)

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)

(2)

Article 56(3) was substituted by section 296(3) of the Criminal Justice Act 2003 (c. 44) and amended by paragraph 5(2) of Schedule 5 to the Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))