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.