UK to end benefits for criminals detained in hospital

Families of victims welcome move after campaign over Nottingham killer Valdo Calocane

By LineZotpaper

Published20 October 2026

Read Time3 min

The UK government is set to lay regulations in Parliament on Tuesday that would stop killers and serious sex offenders detained in hospital from receiving benefits, closing what ministers called a loophole that allowed the double provision of state funding.

The proposed regulations, expected to come into force early next year subject to parliamentary approval, would end universal credit payments of up to £800 a month for criminals subject to hospital orders under the Mental Health Act. The government said the move would save an estimated tens of millions of pounds annually and follows engagement with victims' families.

The change was prompted in part by the case of Valdo Calocane, who was detained at a high-security hospital after killing Barnaby Webber, Grace O'Malley-Kumar and Ian Coates in Nottingham in June 2023. Calocane, diagnosed with paranoid schizophrenia in 2020, was convicted of manslaughter on the basis of diminished responsibility.

Barnaby's mother, Emma Webber, said the announcement was long overdue and "simply the right thing to do", calling it "a disgrace" that Calocane and offenders like him had received taxpayers' money. Grace's father, Dr Sanjoy Kumar, said the campaign had been about accountability and fairness, arguing that on the principle of fairness alone, taxpayers should not fund benefits while offenders are incarcerated.

The mother of Kennedi Westcarr-Sabaroche, killed by her partner Gogoa Lois Tape in Hackney in April 2024, also lobbied for the change. Kennedi's mother, Linda Westcarr, said it was a matter of moral responsibility and ensuring the impact on victims and their families is properly recognised.

Work and Pensions Secretary Pat McFadden said the government had promised to act to tackle the "gross unfairness" and was delivering on that promise. Shadow Work and Pensions Secretary Helen Whately said Labour had taken all year to close a loophole it promised to close, and that the tens of millions saved "barely makes a dent" in the benefits bill.

The 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. 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. Murder is not included because a hospital order is not an available sentence for that offence.

The government said about 2,500 offenders already in hospital and approximately 200 a year in future would be affected, with full financial impacts due to be published as part of the 2026 Budget on 28 October.

Analysis

Why this matters

Ends a practice where serious criminals in secure hospitals received both NHS-funded care and welfare benefits, addressing a fairness concern raised by victims' families.
Affects about 2,500 current offenders and around 200 per year, with savings estimated in the tens of millions annually.
Sets a policy precedent on how the welfare system treats those detained under mental health orders, potentially influencing future legislation.

Background

The change follows a sustained campaign by families of victims killed by offenders detained in hospital, particularly the parents of Barnaby Webber and Grace O'Malley-Kumar, after the Nottingham attacks in 2023. The UK government has previously faced criticism over the treatment of mentally ill offenders, and this move is part of its stated plan to reform the welfare system. Under the Mental Health Act, hospital orders are used for offenders with mental disorders, and benefits eligibility had continued during detention.

Key perspectives

Victims' families: Welcome the move as delivering accountability and fairness, arguing that taxpayers should not fund benefits for those already receiving state-supported care. Emma Webber called it 'the right thing to do'.
Government: Says it is closing a loophole and putting fairness at the centre of the welfare system, with Work and Pensions Secretary Pat McFadden calling the previous situation a 'gross unfairness'.
Conservative opposition: Criticises the timing and scale, with Shadow Work and Pensions Secretary Helen Whately arguing Labour took a year to act and that the savings are modest relative to the wider benefits bill.
Concerns about scope: The policy excludes murder because hospital orders are not available for that offence, and it applies only to certain serious offences, which may raise questions about consistency.

What to watch

Parliamentary approval of the regulations and the exact commencement date early next year.
The 2026 Budget on 28 October, which will publish the full financial impact of the change.
Whether the government extends the policy to other offences or categories of detained offenders in future.

Sources

Criminals detained in hospital set to lose benefits · BBC News

Checked

12 claims in this story checked against 1 source: 12 supported.

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SupportedUK to end benefits for criminals detained in hospitalBBC News: “Criminals detained in hospital set to lose benefits”
SupportedFamilies of victims welcome move after campaign over Nottingham killer Valdo CalocaneBBC News: “The parents of Barnaby Webber and Grace O'Malley Kumar, who were killed by Valdo Calocane in Nottingham in 2023, welcomed the announcement.”
SupportedRegulations to be laid in Parliament on Tuesday will stop killers and serious sex offenders detained in hospital from receiving benefits, closing a loophole allowing double provision of state fundingBBC News: “Regulations due to be laid in Parliament on Tuesday seek to end the 'double provision'... Killers and serious sex offenders detained in hospital are among the criminals who will no longer receive benefits”
SupportedThe proposed regulations are expected to come into force early next year subject to parliamentary approvalBBC News: “The new regulations are expected to come into force early next year, subject to parliamentary approval.”
SupportedThe measures would end universal credit payments of up to £800 a month for criminals subject to hospital orders under the Mental Health ActBBC News: “prevent serious criminals receiving up to £800 a month in universal credit over several years while already having their bed and board funded through the NHS”
SupportedThe government said the move would save an estimated tens of millions of pounds annuallyBBC News: “The government said closing the loophole would save an estimated tens of millions of pounds annually.”
SupportedThe change was prompted in part by the case of Valdo Calocane, who was detained at a high-security hospital after killing Barnaby Webber, Grace O'Malley-Kumar and Ian Coates in Nottingham in June 2023; he was diagnosed with paranoid schizophrenia in 2020 and convicted of manslaughter on the basis of diminished responsibilityBBC News: “Students Barnaby and Grace, and caretaker Ian Coates, were stabbed to death on 13 June 2023 by Calocane, who had been diagnosed with paranoid schizophrenia in 2020. Calocane was convicted of manslaughter on the basis of diminished responsibility, and detained at a high-security hospital.”
SupportedEmma Webber called the announcement long overdue, 'simply the right thing to do', and 'a disgrace' that Calocane and offenders like him had received taxpayers' moneyBBC News: “This is long overdue, and simply the right thing to do... It was a disgrace that Calocane and offenders like him have ever received taxpayers' money.”
SupportedDr Sanjoy Kumar said the campaign was about accountability and fairness, and that on the principle of fairness alone taxpayers should not fund benefits while offenders are incarceratedBBC News: “Our campaign has always been about accountability and fairness... On the principle of fairness alone, we do not see why taxpayers should fund benefits while they are incarcerated.”
SupportedThe mother of Kennedi Westcarr-Sabaroche, killed by her partner Gogoa Lois Tape in Hackney in April 2024, also lobbied for the change; Linda Westcarr called it a matter of moral responsibilityBBC News: “The mother of Kennedi Westcarr-Sabaroche who was killed by her partner Gogoa Lois Tape in Hackney, east London, in April 2024, also lobbied... In my view, this is not simply a question of policy, it is also a matter of moral responsibility”
SupportedWork and Pensions Secretary Pat McFadden and Shadow Work and Pensions Secretary Helen Whately made the quoted remarksBBC News: “We said we'd act to tackle this gross unfairness and we're delivering on that promise... Labour has taken all year to stop a loophole it promised to close... tens of millions saved barely makes a dent”
SupportedAbout 2,500 offenders already in hospital and approximately 200 a year in future would be affected, with full financial impacts due in the 2026 Budget on 28 OctoberBBC News: “The change in regulation is expected to affect about 2,500 offenders already in hospital and approximately 200 a year in future, the government said, with the full financial impacts of the move due to be published as part of the 2026 Budget on 28 October.”