R (EM) v SSWP (2009) 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.

Related legislation

• Social Security (Hospital In-Patients) Regulations 2005
  

External links

• 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.

CASES DATABASE

Full judgment: BAILII
Download here

Subject(s):

• Welfare benefits cases🔍

Date: 13/3/09🔍

Court: High Court (Administrative Court)🔍

Judicial history:

• SS v UK 40356/10 54466/10 [2015] ECHR 520 (decision)
• SS v UK 40356/10 [2011] ECHR 107 (statement of facts)
• R (D and M) v SSWP [2010] EWCA Civ 18
• R (EM) v SSWP [2009] EWHC 454 (Admin)

Judge(s):

• Burnett🔍

Parties:

• EM🔍
• Secretary of State for Work and Pensions🔍

Citation number(s):

• [2009] EWHC 454 (Admin)^B

What links here:

• Social Security (Hospital In-Patients) Regulations 2005
• R (D and M) v SSWP [2010] EWCA Civ 18
• Welfare benefits
• SS v UK 40356/10 54466/10 [2015] ECHR 520
• SS v UK 40356/10 [2011] ECHR 107

Published: 13/3/09 12:23

Cached: 2025-06-23 16:59:16