Benefit Entitlements
Do I need to inform the DSS if a member of the family who was receiving benefits goes to prison?It is important that the relevant authorities are kept informed about the situation either by the prisoner or his/her family. This needs to be done as soon as circumstances change. There are some benefits which prisoners would no longer be entitled to; others are suspended, and a few continue to be payable. You may need to make a claim in your own right if the prisoner was supporting you. If a prisoner has been on remand it is also important to inform the Benefits Agency about any conviction and sentence.
Can prisoners claim income support?
Those detained in custody, whether convicted or on remand, or on temporary release, are not eligible for income support, and do not count as a member of the family for income support purposes. If your partner is in prison, you can claim income support as a single person or a lone parent.
Is s/he able to claim if they are released on home detention curfew or in a probation hostel?
People on home detention curfew are entitled to income support, as are those released on licence or parole, in a probation or bail hostel, or detained in hospital under the Mental Health Act 1983. If your partner is in a bail or probation hostel, you can still claim income support at the couples rate.
What about jobseeker's allowance?
A person in custody is not eligible for jobseeker's allowance, because they are not able to satisfy the condition that they must be available for work.
Is housing benefit payable?
Housing benefit can only be paid to those whose absence from home will be 13 weeks or less.
This also means that those who are given a six month sentence or less may be eligible for housing benefit because they will only serve half their sentence. Those who are sentenced for up to a year may also be eligible (as with HDC they may serve 13 weeks) but but this is at the discretion of the social security office.
Those remanded in custody awaiting trial or required to live in a bail hostel are entitled to housing benefit for up to 52 weeks.
I was living with someone who was getting housing benefit but the length of their sentence means they will be away for more than 13 weeks. What can I do?
You may be eligible for housing benefit in your own right to help with the rent while the person is away. You should let the authorities know about the change in circumstances and put in a claim as soon as possible.
What about council tax?
If a prisoner's home is going to be empty while they are away, they can apply to the council for it to be exempted, as long as they are not in prison for not paying a fine, or for not paying council tax! If the prisoner was claiming council tax benefit, the rules are the same as for housing benefit. Check with the local council as soon as possible.
For more information about general rules for Council Tax Benefit you can get leaflet GL17 "Help with your Council Tax" from your local council offices or Jobcentre Plus office.
Are tax credits affected?
The Prisoners cannot get working tax credit because they are not "in qualifying renumerative work".
Can I claim Working Tax Credit if my partner is in prison?
You can still claim Working Tax Credit while your partner is in prison provided you are working hte necessary number of hours. You iwll quality if you are wokring at least 16 hours and:
- are responsible for a child or qualifying young person or
- have a disability or
- are aged 50 or over and returning to work for at least 6 months.
People in prison are not eligible to claim:
- social fund payments, including crisis loans
- incapacity benefit or severe disablement
- allowance
- attendance allowance, disability living
- allowance or invalid care allowance
- retirement pension
- maternity allowance
- reduced earnings/retirement allowance
- statutory sick pay or maternity pay.
Disability, retirement and maternity benefits are suspended while the person is on remand, but if they do not receive a custodial sentence, they are entitled to full arrears on release.
Are there any benefits a prisoner does remain entitled to?
If a child is a prisoner, does their parent or guardian still get child benefit for them? Child benefit will stop after 8 weeks. If the child is on remand and is not subsequently sentenced to custody or detention, full arrears will be paid when they are released.
Can I get financial help if I am caring for someone on temporary release? You may be eligible to claim a community care grant for living expenses.
If you are on Income Support, Pension Credit or income-based Jobseekers allowance you maybe entitled to a Community Care Grant from the Social Fund. This will only cover daily amounts for the family member's living expenses.
What happens when someone is released?
Once released from prison, the person needs to put in claims for any benefits they are entitled to as soon as possible. They may receive a discharge grant from the Prison Service, but as it may take a little time to process the new claims, it may be necessary to apply for a social fund crisis loan to tide them over and meet any initial expenses.
Where can I get more information?
The best way to find out exactly what you are entitled to is to contact your local Jobcentre Plus.
(October 2006)