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The Age-Related Payments Regulations 2005

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6.—(1) A person who would (but for this regulation) be entitled to a payment under any of regulations 2 to 5 shall not be entitled to the payment if—

(a)he is in receipt of free in-patient treatment throughout the period of 52 weeks ending with the relevant week;

(b)he is in custody throughout the relevant week; or

(c)he is subject to immigration control throughout the relevant week.

(2) For the purposes of paragraph (1)—

(a)the reference to receipt of free in-patient treatment shall be construed in accordance with regulation 2(2) and (2A) of the Social Security (Hospital In-Patients) Regulations 1975(1);

(b)a person is in custody if he is detained in custody under a sentence imposed by a court; and

(c)the reference to being subject to immigration control shall be construed in accordance with section 115(9) of the Immigration and Asylum Act 1999(2).

(3) Where a person to whom this regulation applies is part of a couple, in the application of these Regulations to the other member of the couple, the person to whom this regulation applies shall be treated as a non-qualifying individual.

(1)

S.I.1975/555. Paragraph (2) was substituted by regulation 11 of S.I.1992/2595 and paragraph (2A) was inserted by regulation 2 of S.I.1999/1326.

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