D & M, R (on the application of) v Secretary of State for Work & Pensions

D & M, R (on the application of) v Secretary of State for Work & Pensions

The difference in treatment between prisoners and non-prisoners for welfare benefits is justified as a matter of social policy, and the statutory language governing benefit entitlement for post-tariff lifers should be interpreted to refer to the date at which the Parole Board is first able to direct release, i.e., the end of the tariff period.

Parties
Appellant: D & M; Appellant: EM & others; Respondent: Secretary of State for Work & Pensions
Jurisdiction
England and Wales
Judgment Date
27 January 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed on discrimination issue; appeal allowed on construction issue.
Legal Topics
Discrimination, Welfare Benefits, Statutory Interpretation, Prisoners' Rights
Human Rights Social Security Mental Health Law Discrimination Welfare Benefits Statutory Interpretation Prisoners' Rights

Case Brief

Summary, issues, holding and outcome

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Parties

D & M

Appellant

EM & others

Appellant

Secretary of State for Work & Pensions

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the withdrawal of welfare benefits from prisoners detained in psychiatric hospitals under sections 45A and 47 of the Mental Health Act 1983 constitutes unlawful discrimination under Article 14 ECHR
  2. 2 Proper construction of the statutory regulations governing entitlement to benefits for post-tariff lifers

Ratio Decidendi

The difference in treatment between prisoners and non-prisoners for welfare benefits is justified as a matter of social policy, and the statutory language governing benefit entitlement for post-tariff lifers should be interpreted to refer to the date at which the Parole Board is first able to direct release, i.e., the end of the tariff period.

Court Disposition

Appeal dismissed on discrimination issue; appeal allowed on construction issue.

Orders

  • The appeal on the discrimination issue is dismissed; the judgment below is upheld.
  • The appeal on the construction issue is allowed; the statutory language is construed as referring to the end of the tariff period for post-tariff lifers.