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    • elsien
    • By elsien 5th Jan 18, 1:48 PM
    • 15,626Posts
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    elsien
    Benefits and remand query.
    • #1
    • 5th Jan 18, 1:48 PM
    Benefits and remand query. 5th Jan 18 at 1:48 PM
    Person was ESA and DLA prior to being remanded to prison. Now in hospital but on section 48 so I presume the same rules apply.

    He knows his benefits have stopped while in prison, but if he's not convicted and released will he need to make a new claim or have they just been suspended? He particularly wants to know about DLA and whether if it's been stopped he would need to apply for PIP instead on release.
    Thanks.

    Any sarky comments about people in prison living the life of Riley will be ignored.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
Page 1
    • Comms69
    • By Comms69 5th Jan 18, 1:53 PM
    • 1,776 Posts
    • 1,610 Thanks
    Comms69
    • #2
    • 5th Jan 18, 1:53 PM
    • #2
    • 5th Jan 18, 1:53 PM
    Person was ESA and DLA prior to being remanded to prison. Now in hospital but on section 48 so I presume the same rules apply.

    He knows his benefits have stopped while in prison, but if he's not convicted and released will he need to make a new claim or have they just been suspended? He particularly wants to know about DLA and whether if it's been stopped he would need to apply for PIP instead on release.
    Thanks.

    Any sarky comments about people in prison living the life of Riley will be ignored.
    Originally posted by elsien


    Is he likely to be going back to prison, and for a significant period of time?


    I don't know the answer, but wonder if it's worth looking into once he knows the full outcome.


    Just incase he needs to be preparing for several years at HMP X
    • elsien
    • By elsien 5th Jan 18, 2:30 PM
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    elsien
    • #3
    • 5th Jan 18, 2:30 PM
    • #3
    • 5th Jan 18, 2:30 PM
    No idea, I don't know what the charge or possible sentences are. I've been asked to find out the information because he's hoping to be found not guilty and is wanting to be prepared so he's not penniless for weeks.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Stop Watch
    • By Stop Watch 5th Jan 18, 3:08 PM
    • 86 Posts
    • 212 Thanks
    Stop Watch
    • #4
    • 5th Jan 18, 3:08 PM
    • #4
    • 5th Jan 18, 3:08 PM
    No idea, I don't know what the charge or possible sentences are. I've been asked to find out the information because he's hoping to be found not guilty and is wanting to be prepared so he's not penniless for weeks.
    Originally posted by elsien
    Hoping to be found not guilty? He either did it or not.

    Obviously not too sick to commit crime and before anybody jumps down my neck they don't remand people on a whim it is very very serious or well known to the police.
    • TELLIT01
    • By TELLIT01 5th Jan 18, 3:13 PM
    • 4,399 Posts
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    TELLIT01
    • #5
    • 5th Jan 18, 3:13 PM
    • #5
    • 5th Jan 18, 3:13 PM
    Hoping to be found not guilty? He either did it or not.

    Obviously not too sick to commit crime and before anybody jumps down my neck they don't remand people on a whim it is very very serious or well known to the police.
    Originally posted by Stop Watch
    Given the number of cases which have either been thrown out, or overturned, due to vital evidence not being given to the defence, it's probably better not to jump to any conclusions.
    • Comms69
    • By Comms69 5th Jan 18, 3:14 PM
    • 1,776 Posts
    • 1,610 Thanks
    Comms69
    • #6
    • 5th Jan 18, 3:14 PM
    • #6
    • 5th Jan 18, 3:14 PM
    No idea, I don't know what the charge or possible sentences are. I've been asked to find out the information because he's hoping to be found not guilty and is wanting to be prepared so he's not penniless for weeks.
    Originally posted by elsien
    If he's on remand, the sentence must include atleast a distinct likelihood of custodial sentence.


    Did he do it?
    • elsien
    • By elsien 5th Jan 18, 4:10 PM
    • 15,626 Posts
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    elsien
    • #7
    • 5th Jan 18, 4:10 PM
    • #7
    • 5th Jan 18, 4:10 PM
    No idea, not my business. I'm just after a simple yes or no answer about reinstating or reapplying for benefits when he leaves prison from remand or after a sentence.
    I'm not up for a debate about guilt, innocence or the prison/benefits systems in general. If anyone wants to do that, feel free to take it to DT.
    Last edited by elsien; 05-01-2018 at 4:21 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • kingfisherblue
    • By kingfisherblue 5th Jan 18, 4:27 PM
    • 7,494 Posts
    • 16,173 Thanks
    kingfisherblue
    • #8
    • 5th Jan 18, 4:27 PM
    • #8
    • 5th Jan 18, 4:27 PM
    This page states that you can make a new claim when you leave prison:

    https://www.gov.uk/benefits-and-prison/benefits-that-stop-or-are-suspended

    As new claims for DLA (for adults) are no longer allowed, it seems likely that he would have to put in a claim for PIP.
    • poppy12345
    • By poppy12345 5th Jan 18, 4:45 PM
    • 1,899 Posts
    • 1,758 Thanks
    poppy12345
    • #9
    • 5th Jan 18, 4:45 PM
    • #9
    • 5th Jan 18, 4:45 PM
    If the OP area is a full Universal Credit area then it would be this he would claim and not ESA. (providing the person was claiming Income Related ESA) before going to prison.
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