The British government introduced regulations in Parliament on Tuesday, October 20, 2026, to end benefit payments for serious offenders detained in hospitals. The measures aim to stop what the government described as "double provision," where individuals receive taxpayer-funded psychiatric treatment while also collecting monthly welfare payments.
Under current rules, some offenders held in hospitals under the Mental Health Act continue to receive Universal Credit, a monthly payment designed to assist with living costs. The government stated that the new regulations follow consultations with experts and the families of victims who campaigned to end the practice.
The proposed rules apply to individuals convicted of serious crimes including manslaughter, attempted murder, rape, and wounding with intent who are subject to specific hospital orders in England, Wales, and Scotland. These individuals can currently receive up to £800 per month. The government expects the revised rules to come into force in early 2027, pending parliamentary approval.
For victims' families, such as those of Barnaby Webber and Grace O’Malley Kumar, the change represents a shift in how the state handles accountability for offenders found to have diminished responsibility. The daily reality for these offenders will change from receiving discretionary income while in state care to having their basic living needs met solely by the National Health Service (NHS) without additional cash benefits. The NHS will remain responsible for providing all mental health support and medical care to these individuals.
The move sets a precedent for treating hospital-detained offenders similarly to prison inmates, who are generally ineligible for such benefits. While the government presents this as a matter of fairness and fiscal responsibility, Shadow Work and Pensions Secretary Helen Whately (Conservative) criticized the timing, stating the government took too long to act and that the savings are small relative to the overall welfare budget. The next step is a parliamentary vote; if approved, the regulations will become effective in early 2027.