Commentary on Sections Section 187 - Persons in prison, youth detention accommodation or bail accommodation
482.Section 187 disapplies certain provisions of the Act to persons detained in prison, youth detention accommodation or who are, having been convicted of an offence, required to reside in “approved premises”. The provisions which are disapplied by this section are disapplied in relation to both children and adults.
483.Subsection (1) prevents such a person being a carer for the purposes of this Act.
484.Subsection (2) prevents such a person receiving a direct payment in accordance with regulations made under sections 50 and 51 towards the costs of meeting that person’s eligible needs for care and support.
485.Subsection (3) makes clear that such persons may not express a preference for particular accommodation (in accordance with section 57) except where such a person is being released.
486.Subsection (4) makes clear that a local authority’s duty to protect a person’s property (in accordance with section 58) does not apply to people in prison, youth detention accommodation or resident in approved premises.