PART 2Prisoners
Prisoners who are not to be paid state pension2
1
Subject to regulation 3, a person is not to be paid a state pension under Part 1 of the 2014 Act (state pension) for any period during which the person is a prisoner8 who is mentioned in paragraph (2).
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)9; 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 Act10;
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)11.
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).
Paying state pension to persons who are remanded in custody3
1
Where a person is remanded in custody for an offence, regulation 2(1) does not apply unless a sentence described in paragraph (2) is later imposed on the person for the offence.
2
Subject to paragraph (3), the described sentences for the purposes of paragraph (1) are—
a
a sentence of imprisonment or detention in legal custody as a result of criminal proceedings;
b
a sentence of detention where the provisions mentioned in regulation 2(2)(c)(i) or (d) apply;
c
a suspended sentence within the meaning in section 189 of the Criminal Justice Act 2003 (suspended sentences of imprisonment)12.
3
A sentence described in paragraph (2)(a) which is imposed outside Great Britain is not a described sentence for the purposes of paragraph (1) if, in similar circumstances in Great Britain, a sentence described in paragraph (2)(a) would not have been imposed.