I have a client that was remanded in custody and whilst in prison he was sentenced to a hospital order under section 37 of the MH Act for a period of one month.

I know that if sectioned under s37 of the MH Act he would be treated as a hospital in patient but is his Pention Credit effected the same if on remand and under s37 of the MH Act.

Thanks

State Pension Credit regs schedule 3 para 2 refer to sections 45A and 47 of Mental Health Act 1983. This is when they would still be treated as a prisoner and have a nil amount. I've just realised that wasn't your question. I'll get my coat.

Shaun

The s47 provision relates to those who are actually serving a sentence not to people on remand. As I read the provisions, the basics are in the definitions bit of the regualtions, which says that you are a prisoner if you are on remand, but not if you are detained in hospital under the Mental Health Act.
A patient is defined as someone who is receiving free inpatient treatemnt and is not a prisoner.
Sched 3 para 2 then disapplies the rule for certain patients depending on which section of the Mental Health Act they are detained under - ie 45A and 47 only. They go on being treated like prisoners.
The inference is thus that a person detained under any other provision of the Mental Health Act is not treated as a prisoner for benefit purposes.