Welfare benefits

Most psychiatric patients, including those subject to a hospital order, are entitled to receive welfare benefits. But patients who, were it not for their illness, would be serving a term of imprisonment, do not receive any welfare benefits: domestic and ECtHR challenges to this situation by s47/49 and s45A patients have been unsuccessful, the final judgment being SS v UK 40356/10 54466/10 [2015] ECHR 520. Patients not entitled to welfare benefits may be paid "pocket money" under MHA 1983 s122 (in Wales) or the National Health Service Act 2006 (in England): see R (Mitocariu) v Central and North West London NHS Foundation Trust [2018] EWHC 126 (Admin).

Legislation

The following is related to this subject area.

Cases

The following is an automatically-generated list of the pages in Category:Welfare benefits cases:

External links

Lords Hansard 23/6/10: Written answers (Internet Archive). The question was: "To ask Her Majesty’s Government whether long-stay in-patients in psychiatric hospitals are entitled to the same social security benefits as persons not in hospital." The initial part of the answer was: "Psychiatric patients who, were it not for their illness, would be serving a term of imprisonment, cannot receive Department for Work and Pensions benefits."

INFORMATION


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