# S47/49 patients and "pocket money"

**URL:** <https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383>\
**Category:** Mental Health Act\
**Created:** [10 March 2021 13:12 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383 "2021-03-10T13:12:14Z")\
**Posts on this page:** 3\
**Page:** 1

<div class="post-metadata">

**Author:** ![youngc](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/y/278dde/32.png) [@youngc](https://forum.mentalhealthlaw.co.uk/u/youngc)\
**Post date:** [10 March 2021 13:12 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383/1 "2021-03-10T13:12:14Z")

</div>

Does anyone have an update in relation to the ongoing Judicial Review by transferred prisoners who are no longer entitled to any welfare payments and paid pocket money under s122?

---

<div class="post-metadata">

**Author:** ![Voidgrab](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/v/258eb7/32.png) [@Voidgrab](https://forum.mentalhealthlaw.co.uk/u/Voidgrab)\
**Post date:** [10 March 2021 14:31 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383/2 "2021-03-10T14:31:40Z")

</div>

Afraid not, but I’d be interested to hear the outcome, if anyone does know.

---

<div class="post-metadata">

**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [11 March 2021 00:21 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383/3 "2021-03-11T00:21:37Z")

</div>

Thanks for reminding me about this case! I found the ECtHR’s decision tonight and have added it to the website here: [SS v UK 40356/10 54466/10 [2015] ECHR 520](https://www.mentalhealthlaw.co.uk/SS_v_UK_40356/10_54466/10_(2015)_ECHR_520). My current summary is:

> Patients subject to [s47/49](https://www.mentalhealthlaw.co.uk/S47/49) and [s45A](https://www.mentalhealthlaw.co.uk/S45A) argued that denying them the social security benefits that are paid to other detained patients was contrary to [Article 14](https://www.mentalhealthlaw.co.uk/Article_14), taken with Article 1 of [Protocol No 1](https://www.mentalhealthlaw.co.uk/Protocol_No_1). The ECtHR rejected the applications as being manifestly unfounded.

I’ve also updated the [Welfare benefits](https://www.mentalhealthlaw.co.uk/Welfare_benefits) page with this introductory paragraph:

> Most psychiatric patients, including those subject to a hospital order, are entitled to receive welfare benefits. But patients who, were it not for their illness, would be serving a term of imprisonment, do not receive any welfare benefits: domestic and ECtHR challenges to this situation by [s47/49](https://www.mentalhealthlaw.co.uk/S47/49) and [s45A](https://www.mentalhealthlaw.co.uk/S45A) patients have been unsuccessful, the final judgment being [SS v UK 40356/10 54466/10 [2015] ECHR 520](https://www.mentalhealthlaw.co.uk/SS_v_UK_40356/10_54466/10_(2015)_ECHR_520). Patients not entitled to welfare benefits may be paid “pocket money” under [MHA 1983 s122](https://www.mentalhealthlaw.co.uk/MHA_1983_s122) (in Wales) or the [National Health Service Act 2006](https://www.mentalhealthlaw.co.uk/National_Health_Service_Act_2006) (in England): see [R (Mitocariu) v Central and North West London NHS Foundation Trust [2018] EWHC 126 (Admin)](https://www.mentalhealthlaw.co.uk/R_(Mitocariu)_v_Central_and_North_West_London_NHS_Foundation_Trust_(2018)_EWHC_126_(Admin)).