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,

( b) an order made under section 38 of the Health Act 1947,

( c) an order made under section 4 or section 5 of the Criminal Law (Insanity) Act 2006,

( 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.