Hospitalised offenders to lose benefits

Serious offenders detained in hospital, such as those convicted of manslaughter or sex offences, will no longer receive benefits. The government has put forward regulations to end what it describes as a "double provision", preventing individuals from receiving up to £800 per month in universal credit while their care is funded by the NHS. This move follows campaigning by families of victims.

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Emma Webber, whose son Barnaby Webber was killed and whose attacker received a hospital order, told the BBC that ministers should reallocate the funds. She stated that it was a "no brainer" and that it was "morally wrong" for individuals who have "devastated lives" to amass money while their care is provided. Dr Sanjoy Kumar, father of Grace O'Malley-Kumar, another victim, stated that offenders on treatment orders already cost taxpayers significantly and that there was no principle of fairness in funding benefits while they are incarcerated.

Linda Westcarr, mother of Kennedi Westcarr-Sabaroche who was killed in Hackney, also lobbied for the change. Her partner received a hospital order after pleading guilty to manslaughter by diminished responsibility. Ms Westcarr told the BBC that the issue raised concerns about fairness, accountability, and societal values, and was a matter of "moral responsibility" to recognise the impact on victims' families.

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The government stated that closing this loophole would save an estimated tens of millions of pounds annually. Work and Pensions Secretary Pat McFadden said the government was delivering on a promise to tackle "gross unfairness", stating that violent criminals should not have their living costs paid twice by the taxpayer. The proposed regulations apply to individuals subject to Section 37 orders under the Mental Health Act 1983 and Section 57A orders under the Criminal Procedure (Scotland) Act 1995. Offences covered include manslaughter, attempted murder, wounding with intent, rape, assault by penetration, and child sexual offences. Murder is excluded as a hospital order is not a sentencing option for that crime.

The change is expected to affect approximately 2,500 offenders currently in hospital and around 200 per year in the future. The full financial impacts are scheduled to be published as part of the 2026 Budget on 28 October. The regulations are expected to come into force early next year, subject to parliamentary approval.