RD and PM, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 27 Jan 2010

The applicants challenged the difference in the treatment for benefits after release from imprisonment of those transferred to a mental hospital after conviction (particularly post-tarriff lifers) and those detained after arrest but before trial. The changes were introduced by the 2005 Regulations.
Held: The distinction real, but was justified. The question was not where the detainee was detained, but whether he was in the terms of any court order still being punished for his offence.

Citations:

[2010] EWCA Civ 18, Times 01-Feb-2010

Links:

Bailii

Statutes:

Mental Health Act 1983 37, The Social Security (Hospital In-Patients) Regulations 2005 (SI 2005 No 3360)

Jurisdiction:

England and Wales

Benefits

Updated: 13 August 2022; Ref: scu.395048