Legal Detention

Where a person is in legal detention at the point of transfer, payment of PADP should be made for the first 28 days (PADP Regs, Sch 1, Part 3, para 12(c)(i)) from the point of transfer. Thereafter they will retain entitlement to PADP, but not receive any payments if they remain in legal detention. Payment can begin again if they leave legal detention. Time spent in legal detention before their Attendance Allowance award was transferred to PADP does not count.

For more information, reference should be made to the ‘Legal Detention’ chapter.