Offenders Detained in Hospital: Benefit Entitlement

Pat McFadden Excerpts

Tuesday 20th October 2026 Written Statements

[The Secretary of State for Work and Pensions (Pat McFadden)]

The Department for Work and Pensions will today lay regulations that will remove benefit entitlement from serious and violent offenders detained in hospital. In January 2026, I announced my intention to remove a loophole in the benefits system where offenders detained in hospitals have their living costs met by the NHS while also claiming benefits. This legislation delivers on that promise.

The regulations will remove entitlement from individuals convicted of specified serious offences and with either a section 37 order under the Mental Health Act 1983 or a section 57A order under the Criminal Procedure (Scotland) Act 1995. It will apply to claimants in receipt of one of four benefits; universal credit, employment and support allowance, state pension and pension credit.

The benefits system plays a crucial role in providing a safety net for millions of people, but it cannot be right that convicted serious offenders can indefinitely receive benefit payments while they are detained in hospital.

The Government have taken a proportionate approach by limiting the change to offences that involve death, serious personal injury or sexual harm. The prescribed offences would typically lead to a custodial sentence, where individuals would generally be unable to receive benefits. The change will not affect those who are unfit to plead or detained in hospital under either a civil order or an offence not included in the regulations.

It is crucial that the benefits system can be trusted by the public and that support is going to those who need it most.

[HCWS391]