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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Sectioned, ESA ended. Not allowed to claim UC

MKM35
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ASG PBS UC Shelter

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Hello,

Would anyone be able to guide me to the UC regulations/ guidance on whether one is allowed to claim UC if sectioned?

Any advice on this is appreciated.

Thanks!

Dave Coughlan
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Benefits adviser - Springfield Psychiatric Hospital, London

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Hi, as far as I know the only sections under which ‘entitlement does not arise’ to UC, are S45A and 47 of the MHA 1983.

Timothy Seaside
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Housing services - Arun District Council

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Dave Coughlan - 06 December 2018 12:29 PM

Hi, as far as I know the only sections under which ‘entitlement does not arise’ to UC, are S45A and 47 of the MHA 1983.

Probably worth clarifying that these are the sections which apply to hospital admission for people convicted of a crime - not what people generally mean when they say “sectioned”. This is generally during a prison sentence - which is why you can’t claim UC.

I think MKM35 is talking about an assessment or treatment section. As far as I am aware, this is treated exactly the same as any other hospital admission. Andyp5 in Bridport has just started a thread with an FOI response about not having to attend JCP while an inpatient - which might help your argument.

Andyp5 Citizens Advice Bridport & District
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It is not unknown for the DWP regarding UC to give wrong advice.

Following on from the above points see below regarding the legislation Dave points to i.e. Reg 19 UC regs 2013.

  Restrictions on entitlement – prisoners etc.
19.—(1) Entitlement to universal credit does not arise where a person is—

(a)a member of a religious order who is fully maintained by their order;
(b)a prisoner; or
(c)serving a sentence of imprisonment detained in hospital.
(2) Paragraph (1)(b) does not apply during the first 6 months when the person is a prisoner where—

(a)the person was entitled to universal credit [F1as a single person] immediately before becoming a prisoner, and the calculation of their award included an amount for the housing costs element; and
(b)the person has not been sentenced to a term in custody that is expected to extend beyond that 6 months.
(3) In the case of a prisoner to whom paragraph (2) applies, an award of universal credit is not to include any element other than the housing costs element.

(4) In paragraph (1)(c) a person serving a sentence of imprisonment detained in hospital is a person who is—

(a)being detained—
(i)under section 45A or 47 of the Mental Health Act 1983 F2 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentence of imprisonment etc), and
(ii)before the day which the Secretary of State certifies to be that person’s release date within the meaning of section 50(3) of that Act (in any case where there is such a release date); or
(b)being detained under—
(i)section 59A of the Criminal Procedure (Scotland) Act 1995 F3 (hospital direction), or
(ii)section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 F4 (transfer of prisoners for treatment of mental disorder)

Andyp5 Citizens Advice Bridport & District
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https://www.gov.uk/government/publications/going-into-hospital-leaflet - withdrawn 14/11/2018 no mention of UC whatsoever?