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Benefits whilst on remand in prison?

13

Comments

  • birkee
    birkee Posts: 1,933 Forumite
    dmg24 wrote: »
    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.

    Well that's O.K. then, but do they inform ALL sources of benefit, or are they all from a single source?
    My pension and,.... Mobiliy allowance & DLA are from two departments, and are paid seperately

    Then again, lots of the system doesn't acknowledge 'unable to', they start action the minute you 'don't.
    Bit of a disimilarity, but if you're out of the country, (or in prison) and don't tax your car, or declare it SORN, they're after you.

    Your friend may be in prison, and unable to deal with his affairs, but he must know via you, he still being paid things he may not be entitled to. Shouldn't he speak to someone in the prison, to check that they did what he/you thinks they should have done?

    He may get away with saying "They didn't notify you", but he'll still have to pay it back afterwards if he's not entitled to it.
  • birkee
    birkee Posts: 1,933 Forumite
    p.s. He doesn't have access to telephones or relatives to tell the DWP ???
    Then what are YOU doing for him?
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    A bit confused as to why they would still be entitled to ESA or DLA. What are they supposed to buy to make their disability better whilst incarcerated? Do they get to ask the wardens to go shopping for a more comfortable bed? Hope for him the reason for his receiving DLA is not claustrophobia!
  • fluffymovie
    fluffymovie Posts: 1,417 Forumite
    Part of the Furniture Combo Breaker
    HB is paid whilst on remand as "considered innocent until proven guilty" is a very important part of the UK criminal justice system.

    JSA normally stops and I see notifications from JCP that say it has stopped as claimant "is in legal custody" and as his living costs are being met as far as food etc is concerned, JSA will have to stop.

    Most prisons have benefit officers who work inside the prison so they should be helping.
    I currently manage a Housing Benefit service and have been working in Housing / council tax benefit (as was) since 2001.

    All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
  • taxi97w
    taxi97w Posts: 1,526 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    [QUOTE=fluffymovie;41746142]HB is paid whilst on remand as "considered innocent until proven guilty" is a very important part of the UK criminal justice system.

    JSA normally stops and I see notifications from JCP that say it has stopped as claimant "is in legal custody" and as his living costs are being met as far as food etc is concerned, JSA will have to stop.

    Most prisons have benefit officers who work inside the prison so they should be helping.[/QUOTE]

    Excuse me while I laugh me head off,.. but if he was thought innocent he wouldn't be on remand.
    Wake up people to the bs we are being fed!
    Excuse me , please carry on.
    more dollar$ than sense
  • taxi97w
    taxi97w Posts: 1,526 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    edited 6 March 2011 at 7:22PM
    skcollob wrote: »
    I'm sorry but have it wrong.

    Being on remand does NOT mean they are guilty of anything.

    The reason for being on remand is that it was thought by the court that he might commit an offence, might interfere with witnesses, might not turn up for his court hearing, the offence he is charged with is classed as a serious one or decide to disappear abroad.

    Normally he would be out on bail, pending a court hearing to decide if he is guilty or not.

    The police would have had to convince the court via the CPS, that the alleged offender was a risk if allowed to walk the streets.

    When on remand, they are housed on a seperate wing - away from convicted criminals. They have many more privilidges that convicted criminals and are able to wear their own clothes.

    Being on remand does NOT mean that they are any more guilty of any criminal offence than you or I.

    I know what remand means, but it's a lie. They think he's guilty and all your/their points are redundant, 'specially the one in bold. Surely an innocent would be out of prison - not in it......I'm just being contentious, the devil's advocat (ha) and trying to point out how the govt and the law is not what you think it is
    more dollar$ than sense
  • fluffymovie
    fluffymovie Posts: 1,417 Forumite
    Part of the Furniture Combo Breaker
    Regardless of your personal opinion, being on remand means that the claimant is entitled to Housing benefit.

    Whether or not a claimant has committed an offence is not a matter for you or I but the CPS and the police. Whether they remain entitled to benefit is a matter of fact not opinion but please, laugh your head off all you like.
    I currently manage a Housing Benefit service and have been working in Housing / council tax benefit (as was) since 2001.

    All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
  • ffacoffipawb
    ffacoffipawb Posts: 3,593 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    taxi97w wrote: »
    I'm just being contentious, the devil's advocat (ha)

    Are you being egg flippant? :)
  • cassieB57
    cassieB57 Posts: 506 Forumite
    edited 6 March 2011 at 8:43PM
    According to the decision Maker's guide:

    When a person is in prison or detained in legal custody, SS benefits are affected as follows
    1.
    the person is disqualified from receiving any benefit1 including any dependency increase under specified legislation, but see the exceptions in DMG 12050 - 12079

    The SS benefits affected are1
    1.IB
    2.MA
    3.BPT
    4.WMA
    5.WP
    6.WPA
    7.BB
    8.RP
    9.SAP
    10.GRB
    11.AA
    12.SDA
    13.CA
    14.DLA
    15.IIDB

    JSA isn't mentioned here as it is dealt with in more detail in another section along with IS and ESA-but as he would be unable to sign on/be available for and actively seek employment, he would not be entitled.
  • harry7075
    harry7075 Posts: 261 Forumite
    Skinticket wrote: »
    your rapscalian of a criminal friend shouldnt be getting benefits whilst in prison.

    good day xx

    Innocent until proven.........
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