The welfare benefits position of psychiatric in-patients is set out in a House of Lords written answer dated 23/6/10. Psychiatric patients who, were it not for their illness, would be serving a term of imprisonment, do not receive any welfare benefits. The position is currently the subject of an ECtHR challenge, public funding for an appeal to the Supreme Court having been refused.
The following is related to this subject area. The page has links to various external resources.
- Social Security (Hospital In-Patients) Regulations 2005 — These regulations, among other things, (a) abolish the down-rating of in-patient benefits after 52 weeks, and (b) deprive restricted transferred prisoners (those under s47/49, s45A (while the limitation direction continues in force), and similar Scottish provisions, of state benefits. In force since 2006. [Caution.]§
- Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 — These Regulations amend the relevant social security legislation so that post-tariff indeterminate-sentence prisoners who have been transferred under the MHA do not receive benefits on their tariff expiry date, but must wait until their actual release, thus reversing the Court of Appeal decision in R (D and M) v SSWP  EWCA Civ 18. In force 25/3/10.§
The following is an automatically-generated list of the pages in Category:Welfare benefits cases:
- R (RD) v SSWP  EWHC 2635 (Admin)
- R (D and M) v SSWP  EWCA Civ 18
- R (EM) v SSWP  EWHC 454 (Admin)
- R (RJM) v SSWP  UKHL 63
- Stec v UK 65731/01  ECHR 924
- Stec v UK 65731/01  ECHR 393
- R (RJM) v SSWP  EWCA Civ 614
- SSWP v Slavin  EWCA Civ 1515
- Obrey v SSWP  EWCA Civ 1584,  MHLO 129
- R (MM) v SSWP  EWCA Civ 1565,  MHLO 132
- DB (as executor of the estate of OE) v SSWP  UKUT 46 (AAC)
Daily Telegraph, 'Serial killers entitled to benefits, minister admits' (19/7/11). This tabloid-style article complains about the ability of hospital order patients to receive welfare benefits.