Serving a prison sentence
Key information
This section provides Information about entitlement to
specific benefits if you are serving a prison
sentence.
Applies to: England, Wales, Scotland and
Northern Ireland
Index
You can read through this information sheet, or go directly to
the sections you want to read by clicking on these links:
Entitlement to benefits
Your entitlement to most benefits stops while serving a
custodial sentence in prison as a result of a criminal
conviction.
If you are claiming benefits and about to go into prison or you
are on remand, you should contact the office that pays your benefit
as soon as possible. The address and telephone details will be on
any letters you have received from them. If you can, tell them the
date of your likely imprisonment and the length of the sentence.
This is to make sure that you are not overpaid any benefits that
you are not entitled to while you are in prison.
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Means-tested benefits
You are not entitled in your own right or as part of someone
else’s claim to:
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Non means-tested benefits
While you are in prison, you are not entitled to:
No-one else can receive an increase in any of these benefits for
you while you are in prison.
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Housing costs
Most benefits stop while you are serving a prison sentence.
However, you may still be entitled to the following benefits for up
to 13 weeks if you're not likely to be away from your home for
longer than 13 weeks and you plan to return home after your
sentence:
If you want to claim Housing Benefit or Council Tax Support
while you are in prison, you will need to tell the local authority
about your change of circumstances
If you live in England and Wales you should complete Change of status/custodial
sentence form HCTB7 (link opens in a new window PDF 92kb).
In Scotland, you will need to tell the local council
(link opens in a new window) directly about your change of
circumstances.
In Northern Ireland, tell your local Housing
Executive (link opens in a new window)
If you are a homeowner you will not be able to receive help with
housing costs paid as part of some means-tested benefits, because
your entitlement to these benefits will stop.
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Social Fund
While in prison you are not usually entitled to payments from
the Social Fund and will not meet the
qualifying rules for Cold Weather
Payments.
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Help with the costs of children
If your child is living with you or is born in
prison, you are still entitled to Child
Benefit. If someone else is looking after your child while you
are in prison you can transfer Child Benefit to that person.
Child Tax Credit (CTC) will cease if
you are no longer responsible for the child, unless the
child is living with you in prison. If someone else is looking
after your child, they will need to make their own claim.
If your child has no other living parent apart from you, the
person looking after your child may be able to claim Guardian's Allowance.
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Benefits owed
Most benefits are paid in arrears, so when you enter prison
you may be owed some benefits payments. You should inform the
office that pays your benefit of your change of circumstances and
request the arrears be paid to you in prison or sent to someone who
is not in prison who is managing your money.
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Prisoners in hospital
Prisoners in hospital are generally still regarded as prisoners
and do not qualify for benefits. Prisoners suffering from a mental
disorder are not automatically disqualified unless they are
detained under section 45A or 47 of the
Mental Health Act 1983 (link opens in a new window).
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National insurance
While you are in prison and not working or claiming benefits,
your National insurance contributions
will stop. This means that when you come to claim some benefits,
like State Retirement Pension, you may not be entitled to the full
amount. Some people choose to pay voluntary contributions to plug
the gap, but you should seek advice to make sure it is worth doing
this.
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Further information
Gov.UK information on
benefits and prison (link opens in a new window)
This information has been produced by Broadway.
Last reviewed: 1 April 2013
Turn2us - to access benefits & grants.
