R (EM) v SSWP  EWHC 454 (Admin)
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.
- 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.