51²è¹Ý

Benefit payments and entitlement may change or stop if you, your partner or your child is:

• sent to prison or a young offenders’ institution
• in custody awaiting trial (on remand)

You must tell the Tax Credit Office about prison sentences.

If you’re in prison or on remand

You can get help from a benefits adviser to suspend or close down benefits you’re no longer able to claim if you go to prison or on remand.

If your partner or child is in prison or on remand

If your partner or child has gone to prison or is on remand, you must tell whoever pays your benefits and find out:

• if your benefit claims will be affected
• if you can claim other benefits

You may still be entitled to benefits if your partner has gone to prison, as long as you satisfy the benefit entitlement conditions in your own right.

You cannot get benefits if you go to prison, apart from:

• the housing payment part of Universal Credit in some cases
• Housing Benefit for shorter sentences
• help with council tax if you’re eligible
• tax credits and Child Benefit, in some cases

Some benefits are paused or ‘suspended’ while you’re in prison. When you’re released you’ll start getting payments again. These benefits are:

• Industrial Injuries Disablement Benefit (IIDB)
• Personal Independence Payment (PIP), although payments only stop if you’re in custody for more than 28 days in a 12 month period
• Maternity Allowance, as long as you satisfy the benefit entitlement conditions

51²è¹Ý while on remand

If you’re on remand, you cannot claim:

• Universal Credit, apart from the housing payment part of Universal Credit in some cases
• Jobseeker’s Allowance (JSA)
• Income Support - apart from help with housing costs
• Working Tax Credit - although your partner may be able to claim tax credits for an absent partner
• Disability Living Allowance (DLA)
• Employment and Support Allowance (ESA) or Incapacity Benefit
• Attendance Allowance
• Pension Credit - apart from help with housing costs
• Industrial Injuries Disablement Benefit (IIDB)
• Personal Independence Payment (PIP), if you’re in custody for more than 28 days in a 12 month period

You will not be entitled to Statutory Sick Pay (SSP) or Statutory Maternity Pay (SMP) from your employer.

Benefit arrears

If you’re owed any benefit arrears at the time you’re sent to prison or on remand, you can make a request in writing for these to be paid to someone else.

Benefit arrears if you’re not convicted

If you’re not convicted, you can get benefit arrears for:

• contributory or New Style Employment and Support Allowance (ESA)
• Incapacity Benefit

Benefit arrears if you’re convicted

If you’re sent to prison and claim Industrial Injuries Disablement Benefit (IIDB), you may be entitled to up to a year’s arrears whenever you’re released.

Claiming benefits on release

If you’re entitled to benefits, you can put in new claims as soon as you leave prison. You may also be able to get other financial and practical support.

You will not get the Universal Credit standard allowance if you’re in prison or on remand.

You will also not get the extra payments to help with a disability, health condition or childcare. You might be able to get the housing payment part of Universal Credit if you’re single.

You can make a new claim for Universal Credit when you leave prison. You will be offered an appointment with the prison work coach 12 weeks before your release. The work coach can help you to prepare your Universal Credit application.

If you’re single

You can continue to get the Universal Credit housing payment for up to 6 months if both of the following apply:

• you’re expected to spend 6 months or less in prison
• you were getting the housing payment part of Universal Credit immediately before going to prison or being put on remand

If you’re in a couple

If you were getting Universal Credit as a couple, the person in prison or on remand will no longer be eligible for any Universal Credit payments.

The person not in prison should report a change of circumstances to get the Universal Credit standard allowance and any additional Universal Credit payments, for example for housing or childcare, as a single person.

You may be able to continue getting Housing Benefit or make a claim for the first time if you go to prison or are on remand.

Making a new Housing Benefit claim

You can only make a new claim for Housing Benefit if one of the following is true:

• you have reached State Pension age
• you live in temporary accommodation
• you live in sheltered or supported housing with special facilities such as alarms or wardens

When you will not be able to claim

You will not be entitled to claim Housing Benefit if:

• you’re likely to be on remand for more than 52 weeks
• you’re likely to be in prison for more than 13 weeks (including any time on remand)
• you’re not intending to return home on release
• you’re claiming as a couple and you’ve split up
• the property is going to be rented out

On remand

If you’re single

You can claim Housing Benefit payments for up to 52 weeks while you’re on remand, if you’re likely to return home in a year or less.

If you’re in a couple

You can claim joint Housing Benefit for up to 52 weeks while one of you is on remand, if it’s likely to be for a year or less.

If your child is on remand

Your Housing Benefit payments can continue for up to 52 weeks if your child’s on remand, if they’re likely to be away for a year or less.

In prison

If you’re single

You can claim Housing Benefit for up to 13 weeks if you’re single and go to prison and are likely to return home in 13 weeks or less - including any time on remand.

If you’re in a couple

You can claim joint Housing Benefit for up to 13 weeks if one of you has gone to prison and is likely to return home in 13 weeks or less - including any time on remand.

If your partner’s been the one claiming Housing Benefit and goes to prison, you may be able to claim it instead. You may need to have your name added to the tenancy agreement, if it’s not there already.

If your child is in prison

If your child goes to prison, you’ll need to contact your local council to see if your Housing Benefit entitlement will change. For example, if you rent from a private landlord, the amount of benefit paid is limited, depending on who’s living with you.

You will not count as an adult living in a property for Council Tax if you’re in prison or on remand.

If you’re single

You can apply for your home to be exempt from Council Tax if you’re single, in prison or on remand, and there’s no one living there.

If you’re in a couple

On remand

You can apply or continue to get joint Council Tax Reduction if your partner’s on remand and is expected home in a year or less.

In prison

You can claim or continue to claim joint Council Tax Reduction if your partner’s expected to be in prison for 13 weeks or less – including any time on remand.

Making a new claim

You’ll get a 25% discount off your Council Tax bill if your partner’s going to be absent for more than 13 weeks and you’re the only adult in the property. You may be able to apply for Council Tax Reduction if you do not already get it.

Reporting changes

You must tell the Tax Credit Office about changes that affect your tax credits. They’ll tell you what happens next.

Working Tax Credit

If you’re single

Your Working Tax Credit will stop if you’re single and:

• you’re on remand
• you’re sent to prison
• you’re sent to a young offenders’ institution

If you’re in a couple

You may be able to continue claiming Working Tax Credit if you’re in a couple and your partner goes to prison for a year or less.

You must work a certain number of hours a week to qualify.

Any work you do while you’re serving a sentence or on remand will not be counted.

Child Tax Credit

If you’re single and you go to prison

Your Child Tax Credit may stop if you’re single with children and go to prison. The Tax Credit Office will decide by looking at:

• whether you’re still responsible for your child
• how long you’re in prison for
• if you’re still in regular contact
• if your child’s with you in prison

The person looking after your child or children may be able to claim Child Tax Credit if you cannot.

If you’re in a couple and one of you goes to prison

Your Child Tax Credit will continue if you’re in a couple and one of you goes on remand or to prison.

If your child goes to prison

You’ll still get Child Tax Credit if your child goes to prison for 4 months or less.

You will not get Child Tax Credit for your child’s sentence if it’s more than 4 months.

You can continue to claim Child Benefit when you’re in prison if:

• your child is with you in prison
• the child you’re claiming for for is living with someone else and you pay an equivalent sum to them

You can also ask to transfer the Child Benefit payment to someone else.

If your child goes to prison or is on remand

Your Child Benefit payments will stop after 8 weeks if your child goes to prison or is on remand. You’ll get arrears if they’re cleared of the offence.

Looking after someone else’s child

You may be able to claim Child Benefit and Guardian’s Allowance if you look after your partner’s child or someone else’s child while they’re in prison.

You may also be able to to claim Child Tax Credit.

Support for Mortgage Interest (SMI) is no longer a benefit. It’s now only available as a loan.

You cannot get an SMI loan if you’re serving a prison sentence but your partner might be able to claim instead.

Getting an SMI loan while on remand

If you’re single and on remand, you may be able to continue getting SMI loan payments if you meet the eligibility conditions.

You cannot get an SMI loan or Income Support if you’re part of a couple and on remand, but your partner can claim benefit and housing costs.

Eligibility

If you’re on remand, you must be getting Pension Credit or Income Support to get an SMI loan.

You’ll need to apply for one of these benefits if you’ve previously qualified for SMI by getting Income-based Job Seeker’s Allowance or Employment and Support allowance.

You’ll only be able to get SMI loan payments - you will not be paid Pension Credit or Income Support.