1. Introduction
Entitlement to most benefits ceases or is suspended while you are on remand.
Benefits owed
Most benefits are paid in arrears, so 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 or sent to someone who is managing your money.
Reviewed: April 2022
2. Benefits you can't get - On remand
You are disqualified from the following benefits while you are on remand:
However you may be entitled to help with housing costs for up to 52 weeks whilst on remand.
You are also disqualified from Universal Credit while you are on remand. You may be entitled to help with housing costs for up to 6 months whilst on remand.
After the first 28 days as a prisoner, the following benefits will stop:
3. Benefits suspended - On remand
While you are awaiting trial, payments of some benefits will be suspended pending the outcome. These include:
If you receive a sentence for imprisonment or detention, or a suspended sentence, you are not paid benefits for the period you are in prison. If you are released and do not receive a sentence, full arrears for the time spent on remand are paid.
Reviewed April 2022
4. Help with housing costs - On remand
While you are on remand or in a bail hostel, you can remain entitled to:
This is as long as your absence from home is unlikely to exceed 52 weeks and you intend to return home.
Contact your local council for information on what you need to do.
If you were getting Universal Credit to help with your housing costs before being held on remand, you can continue to get it for up to six months.
If you are a homeowner, you can continue to receive Support for mortgage interest if you are claiming Income Support, income-related Employment and Support Allowance or Pension Credit, or were claiming Universal Support before going to prison but this will also only be paid for up to 52 weeks.
If your home is unoccupied while you are in prison, you can apply for a Council Tax exemption as long as you are not in prison for non-payment of a fine or Council Tax.
Reviewed: April 2022
5. Child benefits - On remand
You can still receive Child Benefit and Guardian's Allowance while on remand if you continue to have responsibility for the child. If someone else is looking after the child and they get Child Benefit for the child, then you won’t be entitled to it. Child Tax Credit will cease if you are no longer responsible for the child, unless the child is living with you in prison. If your partner is looking after the child, they will need to make their own claim. They won't be able to make a new claim for Child Tax Credit and should get advice on whether they can get Universal Credit.
Reviewed: April 2022