Care and support

On remand

The following benefits are suspended while on remand awaiting trial or sentence:

Non means-tested benefits

Incapacity benefit (IB), severe disablement allowance (SDA), industrial injuries benefits (IIB), attendance allowance (AA), disability living allowance (DLA), carers allowance (CA), state retirement pension (SRP), bereavement benefits (BB), maternity allowance (MA), reduced earnings allowance (REA) and retirement allowance (RA).

However if a claimant is released without receiving a sentence of imprisonment (including a suspended sentence) full arrears for the time spent on remand are paid, including any additions to benefit for adult dependants. The claimant will also be credited with any NI contributions for the period.

A claimant who is in custody is not eligible for JSA. This is because they do not satisfy the condition that they are available for work. This applies to both contributory and income-based jobseeker’s allowance.

When released from prison, a remand or youth custody centre the claimant can be treated as being available for work and actively seeking work from the date of release. This applies regardless of actual work seeking activity. No arrears of JSA are paid for periods spent on remand where no sentence was imposed.

Statutory sick pay (SSP), statutory maternity pay (SMP), statutory paternity pay (SPP and statutory adoption pay (SAP)

Claimants are not entitled to SSP, SMP or SPP when they are in custody. Even if released during a period of entitlement to any of the above, benefit is not paid. However, arrears of SAP can be paid if claimants are released without charge, found not guilty or convicted without a custodial sentence.

Child benefit (CB) and guardians allowance (GA)

The claimant can still receive CB and GA while on remand if they continue to be responsible for the child.

Where a claimant receives CB for a child who is on remand, this will cease after 8 weeks. Arrears are payable for the time spent on remand if they do not receive a prison sentence.

Means-tested benefits

Income support (IS), income-based jobseeker’s allowance (IB-JSA) or pension credit (PC)

Claimants are not entitled to IS, IB-JSA or PC while on remand awaiting trial or sentence.

Where a claimant is getting housing costs as part of their IS or PC, housing costs can continue for up to 52 weeks while on remand awaiting trial or sentence. This does not apply to claimants in receipt of IB-JSA. If a claimant needs help with their housing costs they should claim IS or PC as they will not be able to claim IB JSA due to not being available for work.

Claimants who do not receive a sentence of imprisonment and get arrears of attendance allowance (AA) or disability living allowance (DLA) may be entitled to arrears of the severe disability premium paid in any means tested benefits.
Claimants on remand are no longer counted as a member of the family for means-tested benefit purposes. A new claim will have to be made by their partner (who may be entitled to income support as a single parent if they have dependant children).

Housing benefit (HB) and council tax benefit (CTB)

If a claimant is on remand or required to live away from home in a bail hostel they can remain entitled to HB and CTB as long as the absence is unlikely to substantially exceed 52 weeks. They can also be included in a family’s HB claim for up to 52 weeks. After this time a fresh claim for benefit must be made by the person living in the accommodation. No non dependant deductions are made for a prisoner.

If the claimant’s home is unoccupied while they are in prison, they can apply for a council tax exemption as long as they are not in prison for non-payment of a fine or council tax.

Working tax credit (WTC)

Since 6 April 2007 claimants remanded in custody awaiting trial or sentence, who are engaged in work (whether inside or outside a prison) while they are remanded in custody, are not regarded as being engaged in qualifying remunerative work.

Child tax credit (CTC)

CTC will cease if the claimant is no longer responsible for a child unless the child is living with them in prison. If a partner meets the qualifying criteria they will need to make their own claim.