Crimeupdated 1h ago2 min read
Pat McFadden Ends Double Provision Benefits For Killers And Sex Offenders In Hospital
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Regulations to end the 'double provision' for offenders, ending up to £800 monthly. Government to end benefits for killers and serious sex offenders detained in hospital.
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Benefit loophole closed
The Government confirmed plans to end “double provision,” a mechanism that lets “criminals including killers and sex offenders detained in hospital” receive benefits for living costs while they receive NHS psychiatric treatment. Work and Pensions Secretary Pat McFadden said the change tackles “this gross unfairness” by stopping “these violent criminals” from having “their living costs paid by the taxpayer twice over,” while victims and families “paid the price.” Regulations laid in Parliament on Tuesday aim to prevent serious criminals receiving up to £800 a month in universal credit over several years, with the Government estimating “tens of millions of pounds” saved annually.
The new regulations are expected to come into force early next year, subject to parliamentary approval, after the Government consultation with victims’ families and experts. The proposed rules 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.
Victims’ families react
Emma Webber, the mother of Barnaby Webber killed by Valdo Calocane in Nottingham in 2023, welcomed the announcement and said: “This is long overdue, and simply the right thing to do.” Dr Sanjoy Kumar, the father of Grace O’Malley-Kumar, said the campaign was “about accountability and fairness” and argued: “On the principle of fairness alone, we do not see why taxpayers should fund benefits while they are incarcerated.” Calocane was convicted of manslaughter on the basis of diminished responsibility and was detained at a high-security hospital after being diagnosed with paranoid schizophrenia in 2020.
The Government said the move followed engagement with victims’ families and experts as part of its plan to “put fairness back of the heart of the welfare system,” and the BBC said the parents welcomed the announcement. Helen Whately, the shadow work and pensions secretary, said: “Killers and rapists should not pocket benefits from a hospital bed,” while also arguing that Labour had “promised to close” the loophole.
Who is affected next
The Government said the change in regulation is expected to affect about 2,500 offenders already in hospital and approximately 200 a year in future, with the full financial impacts due to be published as part of the 2026 budget on October 28. The offences covered include manslaughter, attempted murder, wounding with intent to cause grievous bodily harm, rape, assault by penetration and rape of a child under 13, while murder is not included because a hospital order is not an available sentence. The NHS will continue to provide appropriate mental health support to the offenders affected, even as the benefits entitlement is removed.
The crackdown will strip the right from “2,500 criminals currently entitled to claim” and deny a further 200 a year in future, and it described Calocane as “the Nottingham triple killer.” The monthly benefits enabled offenders to build up pots of up to £16,000 before their release, because “their main expenses, such as bed and board, are covered by the state.”