Prisoners sent to hospital

This is quite complex and I can’t quite see what if anything the client might be entitled to, I don’t have much experience of benefit claims for prisoners and I am hoping someone out there can clarify things a bit.

Client has been in prison but has now been sent to a psychiatric hospital under s.48 and 49 of the MHA. As far as I can see these sections only apply to people who have not yet been sentenced by the court so it looks like this person may be on remand. I know that people on remand have benefits suspended but if they are not convicted will have them reimbursed and it seems likely that this person’s benefits are suspended rather than the claims being ended.

The CPAG Handbook says that people who have been sentenced and are then sent to hospital under s.45a or s.47 of the MHA are deemed to be prisoners and not entitled to almost all benefits but this is not the case with this person who has not been sentenced and has been sent to hospital under two other sections of the MHA.

The handbook seems to be saying that even if people are convicted but then go to hospital under the MHA their entitlement to means tested and non means tested benefits will come back (unless they count as prisoners under s.45a and s.47),subject to the usual rules about entitlement while in hospital.

This would seem to imply that this persons benefits are probably just suspended and all that needs to be done to get the appropriate benefits reinstated is to notify DWP that he has been admitted to hospital under s.48. I don’t want to raise any false hopes with the client so before I advise him I thought I would check if my interpretaion is correct.

thanks

Check out:

http://www.dwp.gov.uk/docs/dmgch12.pdf

Section 48 - “Remand” transfer direction
6 This section provides a similar power to that of section 47 for a person who has not been sentenced. It applies, for example, to people on remand. Such people would be subject to suspension of benefit until they are sentenced. The direction ceases to have effect when the court disposes of the case.

Section 49 - Restriction direction
7 When transferring a prisoner to hospital under sections 47 or 48, the Secretary of State - in practice the Secretary of State for Justice - may also impose a restriction direction, which has the same effect on the person as a restriction order under section 41. The effect of this direction on benefits is that disqualification or suspension continues until
1.  the automatic release date for a sentenced prisoner or
2.  the court disposes of the case for an un-sentenced prisoner.

Thanks for that, very informative, I think I will have to find out whether or not the court have actually disposed of the case yet.