Offenders in hospital to lose benefits

Serious offenders detained in hospital, including those convicted of murder and serious sexual offences, will cease to receive benefits under new government proposals. Regulations scheduled to be presented to Parliament on Tuesday aim to end what is described as 'double provision' of funding, preventing individuals from receiving up to £800 per month in universal credit while their care is already funded by the National Health Service.

Campaigning by Victims' Families

The proposed change follows extensive campaigning by families of victims. Emma Webber, whose son Barnaby Webber was killed, stated that ministers should reallocate the funds, calling the decision a 'no brainer'. She highlighted that these individuals have their 'full bed and board and all of their care and rehabilitation provided for them, but also amassing a small fortune while they're inside.' Webber suggested the funds should be directed towards victims of serious crime to provide necessary support and advocacy. Linda Westcarr, mother of Kennedi Westcarr-Sabaroche, who was killed in Hackney in April 2024, also lobbied for the cessation of benefits for offenders in psychiatric hospitals.

Dr Sanjoy Kumar, father of Grace O'Malley-Kumar, another victim, stated that the campaign's focus has always been on 'accountability and fairness'. He questioned why taxpayers should fund benefits for incarcerated offenders when their treatment costs are already substantial and they receive support with housing and benefits upon release.

Financial Impact and Implementation

The government anticipates that closing this loophole will generate annual savings in the tens of millions of pounds. These new regulations are expected to take effect early next year, pending parliamentary approval. Approximately 2,500 offenders currently in hospital and around 200 individuals annually in the future are expected to be affected by this policy change. The full financial implications of the measure are due to be detailed in the 2026 Budget, scheduled for 28 October.

Work and Pensions Secretary Pat McFadden stated that the government is delivering on its promise to address this 'gross unfairness'. He added that for too long, these criminals have had their living costs paid by taxpayers twice over, while victims and their families bore the consequences. This practice, he said, ends now, as victims and taxpayers deserve a fair system that supports only those in genuine need.

Scope of the Regulations

The proposed regulations apply to individuals subject to specific hospital orders under the Mental Health Act 1983 and the Criminal Procedure (Scotland) Act 1995. The offences covered include manslaughter, attempted murder, wounding with intent to cause grievous bodily harm, rape, assault by penetration, and rape of a child under 13. Murder is excluded as a hospital order is not a sentencing option for that specific offence.