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Social Welfare and Pensions Act 2008 (No. 2)Introductory TextActs Referred toPart 1 Preliminary and General (s. 1)1. Short title, construction, collective citation and commencement.Part 2 Amendment of Social Welfare Acts (ss. 2-25)2. Definitions.3. Child benefit - new rates.4. Early childcare supplement - increase in rate.5. Transfer of pension rights to EC institutions scheme.6. Illness benefit - improvement.7. State pension (non-contributory) - improvements.8. One-parent family payment - increase in income limit and amendment.9. Respite care grant - increase.10. Detention in legal custody.11. State pension (contributory) - homemakers.12. Blind welfare allowance.13. Blind welfare allowance - consequential amendments.14. Blind welfare allowance - commencement and transitional.15. Domiciliary care allowance.16. Domiciliary care allowance - consequential amendments.17. Domiciliary care allowance - commencement and transitional.18. Supplementary welfare allowance.19. Claims.20. Payments to persons other than claimant or beneficiary.21. Provisions with respect to habitual residence.22. Proceedings.23. Schedule 3, Part 2.24. Supplementary welfare allowance - calculation of weekly means.25. Amendments of Act of 2007.Part 3 Amendment of Pensions Act 1990 (ss. 26-29)26. Definitions.27. Registered administrators.28. Trustee training.29. Miscellaneous amendments of Pensions Act 1990.Part 4 Amendment of Other Acts (ss. 30-31)30. Amendment of Family Law Act 1995.31. Amendment of Family Law (Divorce) Act 1996.Schedule 1 Amendments Relating to Supplementary Welfare AllowanceSchedule 2 Formal Amendments of the Pensions Act 1990
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AI Summary of 10. Detention in legal custody.

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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.

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