R (EM) v SSWP (2009) EWHC 454 (Admin): Difference between revisions
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{{Case | |||
|Date=2009/03/13 | |||
==Related legislation== | |NCN=[2009] EWHC 454 (Admin) | ||
|Court=High Court (Administrative Court) | |||
|Judges=Burnett | |||
|Parties=EM, Secretary of State for Work and Pensions | |||
|Judicial history=*[[SS v UK 40356/10 54466/10 (2015) ECHR 520]] (decision) | |||
*[[SS v UK 40356/10 (2011) ECHR 107]] (statement of facts) | |||
*[[R (D and M) v SSWP (2010) EWCA Civ 18]] | |||
*[[R (EM) v SSWP (2009) EWHC 454 (Admin)]] | |||
|Sentence=Welfare benefits and transferred prisoners | |||
|Summary=The Regulations which deprive of welfare benefits transferred prisoners ([[s47/49]] and [[s45A]] patients until they would be entitled to release if in prison) are lawful; this is because there is enough of a relevant difference between them and civil/s37 patients to justify different treatment (i.e. they have been sentenced to a term of imprisonment to which they remain subject); in general, this applies all determinate and indeterminate sentence prisoners, including post-tariff lifers, [[technical lifer]]s being the only exception because they had not been considered when the Regulations were drawn up and there is not enough of a relevant difference present. | |||
|Detail===Related legislation== | |||
*[[Social Security (Hospital In-Patients) Regulations 2005]] | *[[Social Security (Hospital In-Patients) Regulations 2005]] | ||
|External links=*[https://www.telegraph.co.uk/news/uknews/crime/8647394/Serial-killers-entitled-to-benefits-minister-admits.html 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. | |||
|Subject=Welfare benefits cases | |||
|Judgment=R (EM) v SSWP (2009) EWHC 454 (Admin).doc | |||
|News=No | |||
|RSS pubdate=2021/03/10 10:03:27 PM | |||
}} | |||
Latest revision as of 11:54, 8 October 2021
Welfare benefits and transferred prisoners The Regulations which deprive of welfare benefits transferred prisoners (s47/49 and s45A patients until they would be entitled to release if in prison) are lawful; this is because there is enough of a relevant difference between them and civil/s37 patients to justify different treatment (i.e. they have been sentenced to a term of imprisonment to which they remain subject); in general, this applies all determinate and indeterminate sentence prisoners, including post-tariff lifers, technical lifers being the only exception because they had not been considered when the Regulations were drawn up and there is not enough of a relevant difference present.
Related legislation
External links
- 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.
Full judgment: BAILII
Download here
Subject(s):
- Welfare benefits cases🔍
Date: 13/3/09🔍
Court: High Court (Administrative Court)🔍
Judicial history:
Judge(s):
- Burnett🔍
Parties:
Citation number(s):
What links here:- Social Security (Hospital In-Patients) Regulations 2005
- R (D and M) v SSWP [2010] EWCA Civ 18
- Welfare benefits
- SS v UK 40356/10 54466/10 [2015] ECHR 520
- SS v UK 40356/10 [2011] ECHR 107
Published: 13/3/09 12:23
Cached: 2025-04-26 23:41:17
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