The Weekly Law Reports
[2010] 1 WLR 1782
Court of Appeal
*Regina (D and another)
v
Secretary of State for Work and Pensions
Regina (M and others)
v
Same
[2010] EWCA Civ 18
2009 Nov 23,
24;
2010 Jan 27
2010 Jan 27
Waller, Carnwath, Patten LJJ
Prisons— Prisoners’ rights— Welfare benefits— Convicted prisoners detained in psychiatric hospital pursuant to hospital or transfer directions losing entitlement to income support— Convicted persons detained in hospital pursuant to hospital orders retaining entitlement— Whether different treatment justified— Whether discrimination against prisoners in breach of Convention right— Mental Health Act 1983 (c 20), ss 45A (as inserted by Crime (Sentences) Act 1997 (c 43), s 46), 47—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1
— Social Security (Hospital In-Patients) Regulations 2005 (SI 2005/3360)
Prisons— Prisoners’ rights— Welfare benefits— Life sentence prisoners detained in psychiatric hospital pursuant to transfer directions— Entitlement to income support after “earliest date on which he could have been released”— Whether date on which tariff expiring—
Income Support (General) Regulations 1987 (SI 1987/1967), Sch 7, para 2A (as substituted by Social Security (Hospital In-Patients) Regulations 2005, reg 4(5))
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