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Hospital Compulsion Order and UC - Scotland

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Compulsion order is used when an offender commits an offence that is punishable by imprisonment, but is found to have a mental disorder. The court can decide not to send the offender to prison but that they must stay in hospital for mental health treatment.

Would this mean that a client could claim Universal Credit

Charles
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No. See Reg 19(1)(c).

unhindered by talent
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Charles - 16 January 2020 02:17 PM

No. See Reg 19(1)(c).

It isn’t any of those though, it’s Section 57 of the Mental Health (Care and Treatment) (Scotland) Act 2003

Charles
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Yes, sorry. That doesn’t count as a prisoner, so they can get UC. But the Housing Element will stop if the stay is exceeds, or is expected to exceed, 6 months.

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Many thanks, Charles. Client is resident in hospital now so no housing costs.