Social Security Citation and commencement 1 These Regulations may be cited as the Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 and shall come into force on 25th March 2010. Amendment of the Social Security (General Benefit) Regulations 1982 2 1 The Social Security (General Benefit) Regulations 1982 are amended as follows. 2 In regulation 2 (exceptions from disqualification for imprisonment etc. )— a in paragraph (3) — 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) substitute— 4 The first condition is that— a P is being detained under section 45A or 47 of the Mental Health Act 1983 (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 , 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 (hospital direction); or b section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder). . Amendment of the Income Support (General) Regulations 1987 3 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In regulation 21 (special cases) after paragraph (3) insert— 3ZA In Schedule 7 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions. 3ZB The first condition is that— a P is being detained under section 45A or 47 of the Mental Health Act 1983 (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, P is being detained on or before the day which the Secretary of State certifies to be that release date. 3ZC The second condition is that P is being detained under— a section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or b section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder). . 3 In Schedule 7 (applicable amount in special cases), in column (1), for paragraph 2A substitute— Persons serving a sentence of imprisonment detained in hospital 2A A person serving a sentence of imprisonment detained in hospital. . Amendment of the State Pension Credit Regulations 2002 4 1 The State Pension Credit Regulations 2002 are amended as follows. 2 In regulation 8 (special groups) for “patients” substitute “persons serving a sentence of imprisonment detained in hospital”. 3 In Schedule 3 (special groups)— a for the heading to paragraph 2 substitute— Persons serving a sentence of imprisonment detained in hospital ; and b for paragraph 2(1) substitute— 1 Sub-paragraph (2) applies in the case of a claimant (“C”) who satisfies either of the following conditions. 1A The first condition is that— a C is being detained under section 45A or 47 of the Mental Health Act 1983 (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 C a release date within the meaning of section 50(3) of that Act, C is being detained on or before the day which the Secretary of State certifies to be that release date. 1B The second condition is that C is being detained under— a section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or b section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder). . Amendment of the Employment and Support Allowance Regulations 2008 5 1 The Employment and Support Allowance Regulations 2008 are amended as follows. 2 In regulation 69 (special cases) after paragraph (2) add— 3 In Schedule 5 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions. 4 The first condition is that— a P is being detained under section 45A or 47 of the Mental Health Act 1983 (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, P is being detained on or before the day which the Secretary of State certifies to be that release date. 5 The second condition is that P is being detained under— a section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or b section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder). . 3 In regulation 160 (exceptions for disqualification for imprisonment)— a in paragraph (3)— i after the words “a claimant” insert “(“C”)”; ii for the words “the claimant” (the first time they appear) substitute “C”; iii for the words beginning “the claimant is liable to be detained in a hospital” to the end of the paragraph substitute “C is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless C satisfies either of the following conditions”; and b for paragraph (4) substitute— 4 The first condition is that— a C is being detained under section 45A or 47 of the Mental Health Act 1983 (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 C a release date within the meaning of section 50(3) of that Act, C 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 C is being detained under— a section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or b section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder). . 4 In Part 2 of Schedule 5 (special cases) in column (1)— a for paragraph 12 and its heading substitute— Persons serving a sentence of imprisonment detained in hospital 12 A person serving a sentence of imprisonment detained in hospital. ; and b before paragraph 13 insert the heading— Patients . Signed by authority of the Secretary of State for Work and Pensions. Jim Knight Minister of State, Department for Work and Pensions 23rd February 2010