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Legal detention locations
It is possible to be legally detained:
- in a prison or a detention centre
- in a hospital or similar institution
- at home
- abroad
- in a young offenders’ institution.
This list is not exhaustive.
Being legally detained abroad
This refers to any legal detention which takes place outside of the United Kingdom.
Individuals who are legally detained abroad are subject to the same rules discussed above. If they are over 18 and in receipt of either or both the daily living and mobility components of ADP, they will be paid £nil for both components after 28 days. For 16- and 17-year-olds, the mobility component is unaffected, but they will be paid £nil for the daily living component after 28 days.
Being in Legal Detention abroad does not affect an individual satisfying the ordinary and habitual residence requirements for ADP. However, it could impact them being present in the common travel area, depending on how long they will remain in legal detention, and so impact upon their entitlement to ADP (ADP regs, reg. 15(1)(d)).
Temporary absences from the UK of less than 13 weeks should not affect an individual’s entitlement to ADP (ADP regs, reg. 16). Case managers will have to consider the potential impact on entitlement in all cases involving legal detention outside the UK. For more information on this and temporary absence from the UK, see the Residence and Presence Chapter.
Example: an individual who is legally detained abroad for 50 days
Lyla is 18 and is entitled to the standard rate of daily living and mobility components of ADP. She enters legal detention on 1 September for 50 days, while visiting Japan.
Lyla’s payment of both components is reduced to nil after 28 days. She is released from legal detention on 21 October and returns to Scotland 5 days later. Lyla was not absent from the UK for more than 13 weeks and is still entitled to ADP.
Lyla doesn’t have to apply for ADP again. She simply informed Social Security Scotland of the change in her circumstances. The case manager carried out a determination without application and determined she remained entitled to the same level of entitlement.
Example: an individual who is legally detained abroad for 120 days
Tom is 26 and entitled to the standard rate of daily living and mobility components of ADP. He is legally detained for 120 days on 1 April, while visiting Australia. Thomas is released on 30 July and returns to Scotland 2 days later.
Tom’s payments of both components is reduced to £nil after 28 days. Also, he was no longer entitled to ADP after 13 weeks spent in Australia. This is because he would be considered absent from the UK after the 13 weeks had elapsed.
On his return to Scotland, Tom had to complete a new application under these circumstances.