Care and support

In custody

Entitlement to most benefits ceases while serving a custodial sentence in prison.

Means-tested benefits

Claimants are not entitled (in their own right or as part of someone else’s claim) to JSA, IS or PC.

However, they may be entitled to HB and CTB if the claimant actually serves less than 13 weeks. If the claimant has been in receipt of HB and CTB on remand, the 13 week period begins with the first day of their absence from home rather than the first day of the sentence. If the claimant was in receipt of IS or IBJSA they must make a fresh claim for HB and CTB. If their home is unoccupied while they are in prison, a council tax exemption can be claimed provided they are not in prison for non-payment of a fine or council tax.

Child tax credit (CTC)

CTC can continue to be paid during a custodial sentence if the child is actually living with the claimant, although not if they are living with someone else. In those circumstances that person may be entitled to claim GA if the claimant is serving a sentence of 5 years or more and the child has no other surviving parent.

Working tax credit (WTC)

From 6th April 2007, claimants serving a custodial sentence are not regarded as being in remunerative work (irrespective of whether they are actually working either inside or outside a prison) and are therefore not eligible for WTC.

The social fund

While in prison claimants are not usually entitled to payments from the social fund and will not meet the qualifying rules for cold weather payments. If it is likely that they will be entitled to IS, IBJSA or PC on their release they can make a claim for a CCG up to 6 weeks before their release. There will still be entitlement to a funeral payment if the claimant is still in receipt of HB or CTB.

Non means-tested benefits

While serving a custodial sentence, claimants are not entitled to IB, SDA, AA, DLA, CA, SRP, MA, bereavement benefits, reduced earnings allowance or retirement allowance. No-one else can receive an increase in any of these benefits for the claimant while they are in prison.

Child benefit (CB)

Claimants can still be entitled to CB if the child is living with them or born in custody, or they are paying towards the cost of bringing up the child by at least the amount of weekly child benefit.

Industrial injuries benefit

If the claimant is entitled to disablement benefit arrears will be paid on the claimant’s release, for up to 12 months.

SMP, SSP, SAP and SPP

Claimants serving a custodial sentence are not entitled to SMP, SSP, SAP or SPP for all of the maternity or paternity period, even if they are released before the period ends.