Benefits whilst on remand in prison?

sazzel_2

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. They should be paid in full providing he satisfies the relevant conditions relating to his needs/care/mobility etc.

By saying otherwise is treating him in a different way ie it is breaching his rights to a benefit that he would be entitled to if he was a free man.

Yeah this is correct, ESA can still be paid while on remand. (This is not my opinion it is fact.)

morganedge

AimeesMum wrote: »

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

That's what has me confused.
Im 95% certain that its JSA (as well as another payment for another allowance )
Assuming it is - how can one get it without 'signing-on'?
I know that some people can sign on by post if they are a complete nutter who the staff don't want in the building.
But What other circumstances mean someone can sign-on without actually seeing anybody? Is it anything to do with a certain disability allowance being claimed at the same time??

dmg24

sazzel wrote: »

Yeah this is correct, ESA can still be paid while on remand. (This is not my opinion it is fact.)

Read the DMG - that confirms my information.

http://dwp.gov.uk/docs/dmgch54.pdf
http://dwp.gov.uk/docs/dmgch53.pdf

von

I'm not sure which benefit he is getting from your posts. He cannot receive JSA as he has to sign on at the Jobcentre every fortnight to declare that he is looking for work and available for work, can't see how he could be managing to do that. His only entitlement to ESA would be any allowable housing costs.

SHIPSHAPE

morganedge wrote: »

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!?

Well, if he happens to be on remand for benefit fraud then tell him his cunning plan has been successful and continues to be.

only_mee

Mr_Falling_Star wrote: »

and they are not going anywhere so that would take care of Mobility.

That made me lol

taxi97w

SHIPSHAPE wrote: »

Well, if he happens to be on remand for benefit fraud then tell him his cunning plan has been successful and continues to be.

Mm, such as his mate [strike]forging [/strike] signing on in his place.

kelloggs36

Haven't read all posts, so apologies if this has been covered - if he is on remand, then he hasn't signed on for JSA, so therefore it should have automatically been closed down?

morganedge

taxi97w wrote: »

Mm, such as his mate [strike]forging [/strike] signing on in his place.

Cant believe I didn't think of that.

Anyway, im not gonna jump to any conclusions until I dig deeper and find out.

morganedge

kelloggs36 wrote: »

Haven't read all posts, so apologies if this has been covered - if he is on remand, then he hasn't signed on for JSA, so therefore it should have automatically been closed down?

But some people 'sign-on' through the post, no?....