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

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

You must tell the Tax Credit Office about prison sentences.

If you鈥檙e in prison or on remand

You can get help from a benefits adviser to suspend or close down benefits you鈥檙e 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

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 will not get the Universal Credit standard allowance if you鈥檙e 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鈥檙e 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鈥檙e single

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

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

On remand

If you鈥檙e single

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

If you鈥檙e in a couple

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

In prison

If you鈥檙e single

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

If you鈥檙e 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鈥檚 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鈥檚 not there already.

If your child is in prison

If your child goes to prison, you鈥檒l 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鈥檚 living with you.

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

If you鈥檙e single

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

If you鈥檙e in a couple

On remand

You can apply or continue to get joint Council Tax Reduction if your partner鈥檚 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鈥檚 expected to be in prison for 13 weeks or less 鈥� including any time on remand.

Making a new claim

You鈥檒l get a 25% discount off your Council Tax bill if your partner鈥檚 going to be absent for more than 13 weeks and you鈥檙e 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鈥檒l tell you what happens next.

Working Tax Credit

If you鈥檙e single

Your Working Tax Credit will stop if you鈥檙e single and:

• you鈥檙e on remand
• you鈥檙e sent to prison
• you鈥檙e sent to a young offenders鈥� institution

If you鈥檙e in a couple

You may be able to continue claiming Working Tax Credit if you鈥檙e 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鈥檙e serving a sentence or on remand will not be counted.

Child Tax Credit

If you鈥檙e single and you go to prison

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

• whether you鈥檙e still responsible for your child
• how long you鈥檙e in prison for
• if you鈥檙e still in regular contact
• if your child鈥檚 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鈥檙e in a couple and one of you goes to prison

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

If your child goes to prison

You鈥檒l 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鈥檚 sentence if it鈥檚 more than 4 months.

You can continue to claim Child Benefit when you鈥檙e in prison if:

• your child is with you in prison
• the child you鈥檙e 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鈥檒l get arrears if they鈥檙e cleared of the offence.

Looking after someone else鈥檚 child

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

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

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

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

Getting an SMI loan while on remand

If you鈥檙e 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鈥檙e part of a couple and on remand, but your partner can claim benefit and housing costs.

Eligibility

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

You鈥檒l need to apply for one of these benefits if you鈥檝e previously qualified for SMI by getting Income-based Job Seeker鈥檚 Allowance or Employment and Support allowance.

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