Serious offenders detained in hospital to lose entitlement to benefits
The government has laid regulations in Parliament removing benefits from people convicted of the most serious offences who are detained in hospital under a Hospital Order. The change is due to take effect in early 2027.
Author: Editorial teamPublished: 2 min read
Contents
The Department for Work and Pensions (DWP) announced on 20 October 2026 that regulations have been laid in Parliament removing entitlement to benefits from people convicted of the most serious offences who are detained in hospital under a Hospital Order, a court order for treatment in a secure setting. These include convicted killers and serious sexual offenders.
What is changing
According to the DWP, an offender can currently be paid over £800 a month in Universal Credit, amounting to thousands of pounds of public money over several years. The department expects the change to save tens of millions of pounds a year.
The government describes it as ending "double provision": the NHS already covers a patient's bed and board, yet they could also claim benefits. People transferred to mental health hospitals from prison are already barred from claiming. The new regulations extend the ban to mental health hospital patients who are guilty of one of a dozen serious offences, focused mainly on violent and sexual crimes.
The DWP says payments will stop for hundreds of offenders from early next year, covering both those already in hospital and future cases.
Who is not affected
The government says the decision will not affect people detained under the Mental Health Act 1983 who have not committed an offence. Anyone detained under a hospital order for any reason will continue to receive appropriate mental health support.
Reactions
Work and Pensions Secretary Pat McFadden said the government is delivering on its promise to tackle a "gross unfairness". The department says the change follows engagement with victims' families and experts. Families who highlighted the loophole include relatives of Kennedi Westcarr-Sabaroche and of the victims of the Nottingham attacks: Grace O'Malley-Kumar, Barnaby Webber and Ian Coates.
Emma Webber, Barnaby Webber's mother, called the change "long overdue". Linda Westcarr, Kennedi's mother, welcomed it as a step towards fairness for victims' families. She also noted that a hospital order is a mental health disposal rather than a prison sentence, and said she hoped the government would clarify how and when the changes will be implemented.
What happens next
The regulations have only just been laid in Parliament. The source gives no exact start date, saying only early next year.
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Photos
- Cover: „houses of parliament, london, big ben, parliament bridge, england”, author: luxstorm, licence Licencja Pixabay; cropped or resized.
- Photo 1: „hallway, hospital, clean, rooms, doors”, author: mspark0, licence Licencja Pixabay; cropped or resized.
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