Social Welfare and Pensions Act 2008
Detention in legal custody.
10.— (1) Section 249 of the Principal Act (amended by section 4 and Schedule 1 of the Act of 2006) is amended—
( a) in subsections (1)( b), (2)( b), (6)( b) and (10) by deleting “penal servitude,”, and
( b) by inserting the following after subsection (1):
“(1A) A person shall not be regarded as undergoing detention in legal custody for the purposes of entitlement to disability allowance while the person is detained for treatment pursuant to—
( a) an admission order or renewal order made under the Mental Health Act 2001,
( d) an order made under section 17 of the Lunacy (Ireland) Act 1821, or
( e) an order made under section 2 of the Trial of Lunatics Act 1883.”.
(2) This section is deemed to have come into effect on 1 June 2005.