Benefits whilst on remand in prison?

morganedge

Im trying to help a friend deal with his various finances and stuff whilst he's waiting to be sentenced.
He has been on remand in prison for the last 2 months or so.

I was very suprised a minute ago to find that he still seems to be being paid jobseekers allowance and some sort of disability allowance every 2 weeks!? (I have access to his bank account)

I am not able to check whether he's still getting housing benefit payments until next week

Is this unusual?
He obviously cant sign-on from prison, can he?!! lol. There's no work in jail, lol!

How does it work?

Skinticket

your rapscalian of a criminal friend shouldnt be getting benefits whilst in prison.

good day xx

dmg24

He should not be getting JSA.

I am not sure about DLA or ESA.

Edit: Neither will be paid, however the claims will be suspended and if no custodial sentence is received payments will be backdated.


Housing costs will be paid for up to 52 weeks if

• you are not expected to be on remand longer than 52 weeks and
• you intend to return home on release and
• you do not rent out your home while on remand

Once he is sentenced, he will be able to claim HB for up to 13 weeks if the total time of remand plus sentence is up to 13 weeks.

morganedge

Thanks DMG.
I still need to do more checking, but it definitely appears that he IS still getting JSA and a little money for depression I think, although you say he should get neither.

How would they know to stop paying someone benefits if they are unaware that he is in prison?

Maybe for some reason, he didn't actually have to 'sign on' in person for his jobseekers allowance?

dmg24

The prison should have informed the DWP. When did he go into custody?

morganedge

dmg24 wrote: »

The prison should have informed the DWP

ahhh. Now Im getting somewhere. I was unsure about how these things get communicated. Makes sense.

Do they inform the DWP everytime, even if the person in custody claims to not recieve any benefits?

dmg24 wrote: »

When did he go into custody?

arrested early January I think.

dmg24

morganedge wrote: »

ahhh. Now Im getting somewhere. I was unsure about how these things get communicated. Makes sense.

Do they inform the DWP everytime, even if the person in custody claims to not recieve any benefits?


arrested early January I think.

I know that the prison have certain forms to complete, but I am not sure if they are done for everyone or only when the prisoner advises them they are claiming.

There should be someone at the prison who deals with this. I would give them a call on Monday and ask.

skcollob wrote: »

I will agree with you that JSA cannot and should not be paid whilst on remand or even under sentence. He cannot due to his incarceration 'be actively looking for employment'.

However, and as you have also pointed out, ESA or DLA would still be due.
The fact that he is on remand has nothing to do with any disability or illness. He is there purely as he may either be at risk of flight, re-offending if on bail, he is charged with a serious offence or likely to interfere with witnesses.

Even if he is sentenced that has nothing to do with his disability or illness - it will still be applicable. Are you saying that because he is on remand or under sentence he shouldn't be paid his entitlement due to needs relating to his illness/disability? Those needs will exist no matter where he is or what he is doing.

I have had a look for the relevant rules but can't find them.
Either way, if he is entiled to ESA or DLA it should not matter whether he is 'locked up' or not.

That is your opinion - the OP asked for facts.

birkee

morganedge wrote: »

Thanks DMG.
I still need to do more checking, but it definitely appears that he IS still getting JSA and a little money for depression I think, although you say he should get neither.

How would they know to stop paying someone benefits if they are unaware that he is in prison?

Maybe for some reason, he didn't actually have to 'sign on' in person for his jobseekers allowance?

---

DMG seems to have answered one question, but I can say that a pensioner on Pension Income Supplement, must notify DWP themselves, if they go into hospital for more than X (24 hrs?) when the supplement will be suspended for the hospitalised period.

If SOMEONE doesn't notify the authorities, there might be an enormous bill for things not entitled to when he comes out.

dmg24

birkee wrote: »

---

DMG seems to have answered one question, but I can say that a pensioner on Pension Income Supplement, must notify DWP themselves, if they go into hospital for more than X (24 hrs?) when the supplement will be suspended for the hospitalised period.

If SOMEONE doesn't notify the authorities, there might be an enormous bill for things not entitled to when he comes out.

The difference between someone in hospital and someone in prison is that the latter is not going to have easy access to a phone or relatives to communicate with the DWP. This is why procedures are in place for the prison to notify them.

Mr_Falling_Star

I am pretty sure that most benefits stop while somebody is in legal custody, probably even DLA. They don't need any money for Care as that's provided and they are not going anywhere so that would take care of Mobility.

AimeesMum_2

I am confused as to how someone can be claiming JSA whilst not signing on. If you do not turn up to sign on (for whatever reason) isn't your JSA stopped immediately until you contact them?

My partner recieved incapacity benefit whilst on remand and I contacted them to tell them. He was entitled to it for 4 weeks. I also informed tax credits and asked if I needed to make a new claim and they said that I didn't until he had been sentanced. x