Social Welfare and Pensions Act 2008
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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. |