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There will be more details on Tuesday in the Chamber
Criminals including murderers and sex offenders detained in hospital will no longer receive benefits under proposals called for by victims’ families. The Government has confirmed the move to end so-called “double provision”, which enables offenders to claim hundreds of pounds a month in living expenses while receiving NHS psychiatric treatment.
The regulations, which were tabled in Parliament on Tuesday, seek to close the loophole and prevent serious criminals from receiving up to £800 a month in universal credit over several years, saving an estimated tens of millions of pounds annually. The government said the confirmation follows engagement with victims’ families and experts as part of its plan to “put justice back at the heart of the welfare system”.
New DWP regulations
The new regulations should come into force at the beginning of next year after the parliamentary agreement.
Work and Pensions Secretary Pat McFadden said: “We said we would act to tackle this grave injustice and we are keeping that promise. For too long, these violent criminals have had the taxpayer pay their living expenses twice, while their victims and families have paid the price. That ends today because victims and taxpayers are supporting a system they just deserve and support.”
The parents of Barnaby Webber and Grace O’Malley Kumar, who were killed by Valdo Calocane in Nottingham in 2023, welcomed the announcement. Calocane was convicted of murder on the basis of diminished responsibility.
Emma Webber, Barnaby’s mother, said: “This is long overdue and simply the right thing to do. It was a disgrace that Calocane and criminals like him ever received taxpayers’ money.
“A hospital bed does not erase the heinous crimes committed, nor the devastation they caused. Closing this loophole finally provides the basic accountability victims deserve.”
Fairness call
Dr Sanjoy Kumar, Miss O’Malley-Kumar’s father, said: “Our campaign has always been about accountability and fairness. On the principle of fairness alone, we don’t see why taxpayers should fund benefits while they are incarcerated.
“We are grateful to Secretary of State Pat McFadden for taking action and listening to our campaign, which has always been about what is good for the country.”
Kennedi Westcarr-Sabaroche was killed by her partner Gogoa Lois Tape, who obtained a hospital order to detain him indefinitely after he pleaded guilty to manslaughter due to diminished responsibility.
The victim’s mother Linda Westcarr said: “I believe it is right that the Government should review the right to benefits for those who have committed the worst offences, especially where public money funded by taxpayers is involved. For many victims’ families, the question of whether serious offenders should continue to receive benefits should understandably raise concerns about justice, accountability and society.
“In my view this is not just a matter of politics, it is also a matter of moral responsibility and ensuring that the impact on the victims and their families is properly recognised.”
She added: “Kennedy mattered. Her life matters. The voices of the victims’ families must be heard, and their suffering must never be overlooked when decisions are made about the consequences of serious crime.”
Who the DWP changes will affect
The proposed regulations apply to individuals subject to a section 37 order under the Mental Health Act 1983 and a section 57A order under the Criminal Procedure (Scotland) Act 1995. The offenses also cover murder, attempted murder, wounding with intent to cause grievous bodily harm, penet 3 child and rape of a child.
Murder is not included because a hospital order is not applicable as the offense attracts a mandatory life sentence. The change in regulation is expected to affect about 2,500 offenders already in hospital and about 200 a year in the future, the government said.
The full financial implications of the approach will be published as part of Budget 2026 on October 28. The NHS will continue to provide adequate psychological support for the offenders involved.
Helen Whately, the shadow work and pensions secretary, said: “Killers and rapists should not have pocket benefits from a hospital bed. Labor has spent all year trying to stop a loophole it promised to close.
“And tens of thousands of millions saved barely a cog in the benefit bill Labor has left the spiral out of control. The Conservatives would make universal credit a conditional, time-limited benefit, so taxpayer money goes only to those who really need it.”
