Benefits and remand query.

elsien

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.

Comms69

elsien wrote: »

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.

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

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.

Stop_Watch

elsien wrote: »

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.

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

Stop_Watch wrote: »

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.

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

elsien wrote: »

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.

If he's on remand, the sentence must include atleast a distinct likelihood of custodial sentence.


Did he do it?

elsien

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.

kingfisherblue

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

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.