Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 7 March 2008 - onwards

10. Detention in legal custody.

(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.