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Part of Pension Age Disability Payment decision making guide


Legal detention

This chapter looks at the effects of legal detention on entitlement to, and payment of Pension Age Disability Payment (PADP).

Individuals in receipt of PADP will be paid £nil after 28 days in legal detention (PADP regs, reg. 22(3))

This is because the costs of meeting the care needs of individuals are met from public funds while they are in legal detention. For the purposes of determining payment of PADP, the first day in legal detention for individuals is the day after the day they enter legal detention and the last day is the day before the day they are released (PADP regs, reg. 23(2)(a) and (b))

This chapter relates to the unscheduled reviews chapter which explains both:

  • when an unscheduled review should take place
  • what a determination without application is.
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