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	Statutory Rules of Northern Ireland
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    " (1) Subject to the following provisions of this regulation, the circumstances in which a person is to be treated for the purposes of section 77(2)(c) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as being in prison are that he is - 


(a) serving a custodial sentence within the meaning of Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996[4] of not less than 2 years; or

(b) detained in a hospital by order of the court under Article 44, 45, 50A or 51(2) and (3) of the Mental Health (Northern Ireland) Order 1986[5] or section 11 or 13(5A) and (6) of the Criminal Appeal (Northern Ireland) Act 1980[6].".

    (3) In paragraph (2) - 

(a) for "5" in both places where it occurs there shall be substituted "2" and for "paragraph (1)" there shall be substituted "paragraph (1)(a)";

(b) in sub-paragraph (c) for "a sentence of imprisonment" there shall be substituted "a custodial sentence as referred to in paragraph (1)(a) of this regulation".

    (4) For paragraph (3) there shall be substituted the following paragraph - 

    " (3) Subject to paragraph (4) of this regulation, a person shall be treated as - 


(a) not having ceased to be serving such a custodial sentence as is referred to in paragraph (1)(a) of this regulation if he is transferred to a hospital or is temporarily released or is unlawfully at large; or

(b) not having ceased to be detained in such circumstances as are referred to in paragraph (1)(b) of this regulation if he is temporarily released or is unlawfully at large.".

    (5) In paragraph (4) - 

(a) for "such a sentence or to be in such custody as is referred to in paragraph (1)" there shall be substituted "such a custodial sentence as is referred to in paragraph (1)(a)";

(b) in sub-paragraph (a) for "5" there shall be substituted "2".

    (6) In paragraph (9) for "5" there shall be substituted "2".



Sealed with the Official Seal of the Department for Social Development on


7th March 2002.

L.S.

John O'Neill
Senior Officer of the Department for Social Development

[2] See Article 8(b) of S.R. 1999 No. 481back

[3] S.R. 1975 No. 98; relevant amending regulations are S.R. 1977 No. 73back

[4] S.I. 1996/3160 (N.I. 24); the definition of "custodial sentence" was amended by paragraph 51(b) of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))back

[5] S.I. 1986/595 (N.I. 4); Article 44 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) and paragraph 25 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998; Article 50A was inserted by Article 51(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) and amended by paragraph 26 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998; and Article 51(2) and (3) was amended by Article 51(2) of the Criminal Justice (Northern Ireland) Order 1996back

[6] 1980 c. 47; sections 11 and 13 were amended respectively by Part I of Schedule 5 to the Mental Health (Northern Ireland) Order 1986 and paragraphs 5 and 6 of Schedule 5 to the Criminal Justice (Northern Ireland) Order 1996back

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