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R (EM) v SSWP [2009] EWHC 454 (Admin)

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; in general, this applies all determinate and indeterminate sentence prisoners, including post-tariff lifers; technical lifers are the only exception, because they had not been considered when the Regulations were drawn up, and there is not enough of a relevant difference between them and s37 patients to justify different treatment.

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