This case concerns the question whether post-tariff life prisoners who have been transferred by the Secretary of State from prison to a mental health hospital under powers contained in sections 47 and 49 of the Mental Health Act 1983 [‘the 1983 Act’] are entitled to Income Support whilst in such a hospital. It is common ground between the parties that the relevant statutory provisions do not entitle post-tariff lifers to Income Support whilst in prison but the Claimant submits that those provisions are couched in terms which dictate the contrary result whilst in a mental health hospital.
Citations:
[2008] EWHC 2635 (Admin), [2008] MHLR 352
Links:
Jurisdiction:
England and Wales
Prisons, Benefits
Updated: 09 August 2022; Ref: scu.277927