Benefits and prison
Benefits that stop or are suspended
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鈥檙e eligible
- tax credits and Child Benefit, in some cases
Some benefits are paused or 鈥榮uspended鈥� while you鈥檙e in prison. When you鈥檙e released you鈥檒l start getting payments again. These benefits are:
- Industrial Injuries Disablement Benefit (IIDB)
- Personal Independence Payment (PIP), although payments only stop if you鈥檙e in custody for more than 28 days in a 12 month period
- Maternity Allowance, as long as you satisfy the benefit entitlement conditions
You鈥檒l stop getting Carer鈥檚 Allowance if the person you care for goes to prison or is on remand.
Benefits while on remand
If you鈥檙e on remand, you cannot claim:
- Universal Credit, apart from the housing payment part of Universal Credit in some cases
- Jobseeker鈥檚 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鈥檙e 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鈥檙e owed any benefit arrears at the time you鈥檙e 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鈥檙e not convicted
If you鈥檙e not convicted, you can get benefit arrears for:
- contributory or New Style Employment and Support Allowance (ESA)
- Incapacity Benefit
Benefit arrears if you鈥檙e convicted
If you鈥檙e sent to prison and claim Industrial Injuries Disablement Benefit (IIDB), you may be entitled to up to a year鈥檚 arrears whenever you鈥檙e released.
Claiming benefits on release
If you鈥檙e 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 cannot claim Jobseeker鈥檚 Allowance (JSA) if you鈥檙e released on temporary licence (ROTL).