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The Employment and Support Allowance Regulations 2008
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- UK Statutory Instruments
- 2008 No. 794
- PART 12
- Regulation 161
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Suspension of payment of a contributory allowance during imprisonmentE+W+S
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161.—(1) Subject to the following provisions of this regulation, the payment of a contributory allowance to any claimant—
(a)which is excepted from the operation of section 18(4)(b) of the Act by virtue of the provisions of regulation 160[F1(1)], (3) or (6); or
(b)which is payable otherwise than in respect of a period during which the claimant is undergoing imprisonment or detention in legal custody,
is suspended while that claimant is undergoing imprisonment or detention in legal custody.
(2) A contributory allowance is not to be suspended while the claimant is liable to be detained in a hospital or similar institution, as defined in regulation 160(5), during a period for which in the claimant's case, the allowance is or would be excepted from the operation of section 18(4)(b) by virtue of the provisions of regulation 160(3).
(3) Where, by virtue of this regulation, payment of a contributory allowance is suspended for any period, the period of suspension is not to be taken into account in calculating any period under the provisions of regulation 38 of the Social Security (Claims and Payments) Regulations 1987 F2 (extinguishment of right to sums payable by way of benefit which are not obtained within the prescribed time).
Textual Amendments
F1Word in reg. 161(1)(a) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(13)
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