RD & Anor, R (on the application of) v Secretary of State for Work & Pensions

RD & Anor, R (on the application of) v Secretary of State for Work & Pensions

Post-tariff life prisoners transferred to hospital under sections 47 and 49 of the Mental Health Act 1983 are not entitled to Income Support under the current regulations because there is no date on which they are entitled to be released; the earliest date for entitlement under paragraph 2A of Schedule 7 to the 1987 General Regulations is the first date of entitlement to release, which does not exist for life prisoners until the Parole Board directs release.

Parties
Claimant: RD; Claimant: PM; Defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
31 October 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Applications for judicial review dismissed
Legal Topics
Income Support Entitlement, Prisoners' Benefits, Interpretation of Statutory Instruments, Mental Health Act Transfers
Social Security Law Mental Health Law Administrative Law Income Support Entitlement Prisoners' Benefits Interpretation of Statutory Instruments Mental Health Act Transfers

Case Brief

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Parties

RD

Claimant

PM

Claimant

Secretary of State for Work and Pensions

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether post-tariff life prisoners transferred from prison to a mental health hospital under sections 47 and 49 of the Mental Health Act 1983 are entitled to Income Support while in hospital
  2. 2 Proper interpretation of paragraph 2A of Schedule 7 to the Income Support (General) Regulations 1987

Ratio Decidendi

Post-tariff life prisoners transferred to hospital under sections 47 and 49 of the Mental Health Act 1983 are not entitled to Income Support under the current regulations because there is no date on which they are entitled to be released; the earliest date for entitlement under paragraph 2A of Schedule 7 to the 1987 General Regulations is the first date of entitlement to release, which does not exist for life prisoners until the Parole Board directs release.

Court Disposition

Applications for judicial review dismissed