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MHA 1983 s122

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

Part VIII contents

114, 114ZA, 114A, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

This section provides for the payment of "pocket money" to patients who otherwise would be without resources to meet their occasional personal expenses. It only applies in Wales. The English equivalent is discussed in R (Mitocariu) v Central and North West London NHS Foundation Trust [2018] EWHC 126 (Admin). The main recipients are those ineligible for welfare benefits.

Mental Health Act 2007

Related cases

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 [2008] 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.

Cases from the new database whose pages contain a link to this page:

Case Sentence Summary
R (Mitocariu) v Central and North West London NHS Foundation Trust [2018] EWHC 126 (Admin) Hospital pocket money Two hospital order patients contended that if for any reason they were not in receipt of benefits then the trust should provide regular payments to ensure their dignity was maintained whilst in care. (1) The trust did have a power, arising from s43 NHS Act 2006 (which identified the functions of foundation trusts), and either s46 or s47 (which provided sufficiently general powers), to make payments to patients. Any contract with NHS England purporting to restrict the statutory power would be ultra vires. Similarly, any payment outside the s43 purposes (namely, the provision of services to individuals for or in connection with the prevention, diagnosis or treatment of illness and the promotion and protection of public health) would be ultra vires. (2) The amount, timing and frequency of payments was a matter for the discretion of the Defendant, taking into account all relevant factors, including the specific therapeutic requirements of the patient. (3) A standardised approach of making regular payments irrespective of and unrelated to the therapeutic needs of the patient, as sought by the Claimants, would be outside the powers granted to a foundation trust. (4) On the facts, the Defendant had lawfully exercised its power: the financial circumstances of the patients were regularly considered and addressed appropriately (e.g. paying for a winter coat and travel costs). (5) The absence of a policy did not mean that the Defendant had acted unlawfully.

See also

[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Provision of pocket money for in-patients in hospital

122.—(1) The [Welsh Ministers may (in relation to Wales)][1] pay to persons who are receiving treatment as in-patients (whether liable to be detained or not) in [...][2] hospitals wholly or mainly used for the treatment of persons suffering from mental disorder, such amounts as [the Welsh Ministers think fit][1] in respect of [those persons'][1] occasional personal expenses where it appears to [the Welsh Ministers][1] that [those persons][1] would otherwise be without resources to meet those expenses.

(2) For the purposes of [[...][1] the National Health Service (Wales) Act 2006],[3] the making of payments under this section to persons for whom hospital services are provided under [that Act][1] shall be treated as included among those services.

Amendments