DWP to remove four benefits including State Pension for certain crimes - full list
The Department for Work and Pensions is closing a benefits loophole to remove entitlement
Work and Pensions Secretary Pat McFadden has revealed that recipients of four benefits will lose their entitlements - including the state pension - if convicted of specific serious offences. Addressing Parliament, Mr McFadden confirmed the Department for Work and Pensions is implementing regulations today that will strip benefit rights from serious and violent criminals detained in hospital.
The DWP has specified that universal credit, employment and support allowance, state pension and pension credit will all be affected. Mr McFadden stated: "In January 2026, I announced my intention to remove a loophole in the benefits system where offenders detained in hospitals have their living costs met by the NHS while also claiming benefits. This legislation delivers on that promise."
He explained: "The regulations will remove entitlement from individuals convicted of specified serious offences and with either a section 37 order under the Mental Health Act 1983 or a section 57A order under the Criminal Procedure (Scotland) Act 1995. It will apply to claimants in receipt of one of four benefits; universal credit, employment and support allowance, state pension and pension credit."
Mr McFadden emphasised the targeted nature of the changes: "The benefits system plays a crucial role in providing a safety net for millions of people, but it cannot be right that convicted serious offenders can indefinitely receive benefit payments while they are detained in hospital.
"The Government have taken a proportionate approach by limiting the change to offences that involve death, serious personal injury or sexual harm. The prescribed offences would typically lead to a custodial sentence, where individuals would generally be unable to receive benefits. The change will not affect those who are unfit to plead or detained in hospital under either a civil order or an offence not included in the regulations.", reports the Mirror.
"It is crucial that the benefits system can be trusted by the public and that support is going to those who need it most."
Currently, offenders can pocket over £800 monthly in Universal Credit, totalling thousands in taxpayer funds across multiple years. Officials anticipate the reforms will generate savings running into tens of millions annually.
From early next year, hundreds of offenders will see their benefits stopped, affecting both current hospital patients and future cases, according to DWP officials. Those presently detained under the Mental Health Act 1983 without any offence will remain unaffected by the decision.
Though the changes take effect early next year, they will be retrospectively applied to both existing and forthcoming cases once the regulations are implemented, irrespective of conviction dates. Approximately 2,500 offenders currently in hospital will be impacted, with around 200 additional cases anticipated annually moving forward.
The Regulations will be applicable to individuals who are 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 offences covered under the scope for England and Wales are:
- Manslaughter (whether voluntary or involuntary)
- Attempted murder
- Wounding (etc) with intent to cause grievous bodily harm (GBH)
- Rape
- Assault by penetration
- Causing a person to engage in sexual activity without consent (aggravated – with penetration)
- Rape of a child under 13
- Sexual assault of a child under 13 (aggravated – with penetration)
- Causing or inciting a child under 13 to engage in sexual activity (aggravated – with penetration)
- Sexual activity with a child
- Familial sexual offences (sexual activity with a child family member) (offender 18 or over)
- Familial sexual offences (inciting a child family member to engage in sexual activity) (offender 18 or over)
- Murder is not included because a Hospital Order is not an available disposal for the offence of murder which attracts a mandatory life sentence.
Familial sexual offences (inciting a child family member to engage in sexual activity) (offender 18 or over).