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Legal detention locations
It is possible to be legally detained:
- In a prison or detention centre
- In a hospital or similar institution
- Abroad 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. In these circumstances, an individual’s payment of PADP would be set at £nil after 28 days.
Being in Legal Detention abroad does not affect an individual satisfying the ordinary and habitual residence requirements for PADP. 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 PADP (PADP regs, reg. 9(1)(d))
Entitlement to PADP stops after 13 weeks as a result of the individual being temporarily absent from the UK. This is because they are treated as being present in the UK for the first 13 weeks of a temporary absence (PADP regs, reg. 10(1)(a)). For more information on temporary absence from the UK, see the Residence and Presence chapter.
Example: an individual who is legally detained abroad for 60 days
Sally is entitled to PADP. She enters legal detention on 1 June for 60 days while visiting Denmark. Sally’s payments of PADP are reduced to £nil on 29 June after she spends 28 days in legal detention. She is released from legal detention on 31 July and returns to Scotland 2 days later. Sally was not absent from the UK for more than 13 weeks and is still entitled to PADP.
Example: an individual who is legally detained abroad for 160 days
Paul is entitled to PADP. He is legally detained for 160 days on 1 March while visiting the United States. Paul’s payments of PADP are reduced to £nil on 29 March as he has spent 28 days in legal detention. Paul is released on 8 August and returns to Scotland 3 days later. Paul is no longer entitled to PADP after 13 weeks spent in the United States. This is because Paul is now considered to be absent from the UK.