Prison and benefits

wazza

Hi, just spent the evening helping out a friend. Her son is 20 years old and is claiming income support and disability allowance. Her son was in the area when one of his mates stabbed someone. The guy who got stabbed said my friend's son was involved and he was duly arrested. He has been refused bail and is waiting for trial. Friend is worried about her son and whether he is going to prison as expected. In the meanwhile since he is in custody should the benefits and mobility people be notified? would they take his car away which is bought under mobility scheme or should they be notified after and if he is sentenced.

Savvy_Sue

Two quick suggestions before I turn in: CAB and Howard League. Mother may get support through the latter, horrible time!

CIS

This bottom two paragraphs of this page should answer all of your questions

http://www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Partners/AllowancesandBenefits/2104#prisoners

Bendybops19

wazza...what an awful situation. The above that CIS has posted is great, i just read through it and it answers all of your questions. Keep us posted on how things turns out. Best wishes for your friends son x

Ted_Hutchinson

GL32 * Prisoners and their families

Fran

Re car, you could give the helpline a ring:-

(From DWP site)

"A confidential telephone service is available for people with disabilities, their representatives and their carers. Ring the Benefit Enquiry Line (BEL) on: 0800 88 22 00. People with speech or hearing problems using a textphone can dial: 0800 24 33 55."

bonnie_2

in my letter is says that if you go to prison or hospital for more than 28 days you lose your benifit. so i would presume you would lose your car as well.

Savvy_Sue

bonnie wrote:

in my letter is says that if you go to prison or hospital for more than 28 days you lose your benifit. so i would presume you would lose your car as well.

But the rules may be different if you are only 'on remand' rather than convicted. That is certainly something to bear in mind and ask about - although it may be covered in the useful links others have posted.

If the son truly wasn't involved, then best immediate outcome would be a solicitor pushing for bail ... and then putting a strong defence. Hopefully no forensics linking him to the attack, no other witnesses linking him to the attack, just wrong place at wrong time.

I don't know how you get a solicitor in these circumstances, but certain the son needs one, and a good one at that!

november

According to my CPAG book -

You count as a prisoner for Income Support purposes if you are detained in custody 'on remand' (e.g. in a prison or remand centre awaiting trial) and if you count as a prisoner you are not entitled to any Income Support (apart from housing costs).

It says that in certain circumstances payment is only suspended and arrears may be payable on release. Disablement benefit is one of these. You remain entitled but payment is suspended until you are released and you can only be paid a maximum of 12 months' arrears. You are entitled to full arrears for any period you were in remand if you are not subsequently sentanced to imprisonment or detention.

It also says that it is important that you (the prisoner) or a member of their family inform the relevant benefit authorities as soon as the person enters or leaves prison or is sentanced.

So yes the benefits agency need notifying a.s.a.p. but hopefully if he is found not guilty he will get his disablement benefit (but not income support) backdated on release.

I agree he needs a good solicitor

Savvy_Sue

november wrote:

According to my CPAG book -

You count as a prisoner for Income Support purposes if you are detained in custody 'on remand' (e.g. in a prison or remand centre awaiting trial) and if you count as a prisoner you are not entitled to any Income Support (apart from housing costs).

I suppose that makes sense, because while he is on remand he won't need a lot of money, I know that council tenancies continue if you are only on remand or have a short sentence (not sure how short), and at least the disability is only suspended rather than having to make a completely fresh application.

If Bossyboots or any of the other legally minded people are reading this please can they suggest how wazza's friend's son gets a good solicitor? And if they're not, wazza can I suggest you sent BB a PM? I'm sure she wouldn't mind!

wazza

thanks for the replies. have informed my friend about her son's position regarding benefits.

she already has a solicitor. friend's son has been refused bail initally. his solicitor is trying again or bail but wont have any answers till next week. her son will be in custody for a week this coming saturday.

the strange part is that he is an innocent party and yet he has the whole book thrown at him by the police.

will keep you informed of any outcome

thanks