MHA 1983 s122
Mental Health Act 2007
- This section is not changed by the Mental Health Act 2007.
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
- R (RJM) v SSWP  UKHL 63 — Social welfare payments come within the scope of Article 1 Protocol 1; homelessness is an "other status" under Article 14; depriving the homeless of disability premiums was justified; the Court of Appeal is free (but not obliged) to follow an ECtHR decision rather than a previous inconsistent CA decision, but (absent wholly exceptional circumstances) must follow any previous House of Lords decision.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 12. Detention in hospital — paragraphs 12.138 and 12.139
Provision of pocket money for in-patients in hospital
122.—(1) The [Welsh Ministers may (in relation to Wales)] pay to persons who are receiving treatment as in-patients (whether liable to be detained or not) in [...] hospitals wholly or mainly used for the treatment of persons suffering from mental disorder, such amounts as [the Welsh Ministers think fit] in respect of [those persons'] occasional personal expenses where it appears to [the Welsh Ministers] that [those persons] would otherwise be without resources to meet those expenses.
(2) For the purposes of [[...] the National Health Service (Wales) Act 2006], the making of payments under this section to persons for whom hospital services are provided under [that Act] shall be treated as included among those services.