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Benefits for people in prison and their families

Being released from prison into the community can be an extremely anxiety-provoking time. You may be released to a situation where you have no home and have to be provided with temporary accommodation, you may have no money, no food and no support network.

We have developed a guide to assist people in prison, their families and frontline workers that are supporting people when they are released from prison into the community.

Prior to release

Before you are released from prison you can apply to the Scottish Welfare Fund 8 weeks prior to the date of your release for a Community Care Grant for items that you need to help you to live independently in the community. This may include clothing and/or essential domestic items such as a bed, cooker, fridge/freezer etc. You can apply for these items by requesting a paper application form from the prison or you may have a support worker that can apply online for a Community Care Grant on your behalf with your consent.

Nowhere to stay

You can contact the Council's Housing Options Team on 01738 476000 to register as Homeless.

No money for food or fuel

You can contact the Council's Welfare Fund Team to apply for a Crisis Grant to tide you over until your next payment of income. If you cannot be paid a Crisis Grant then the team will make a referral to a foodbank so that you can be given a food parcel.

If you are unable to apply online you can telephone 01738 476900 (option 2).

Register with a GP

You may no longer be registered with a GP.  You can register with a GP by completing this online form.

Looking for work

If you are looking for work you can contact the Council's Employability Team by emailing: skillsandemployment@pkc.gov.uk

Justice and Community Safety - Directory of Services

For additional support and resources please see the Justice and Community Safety Services - Directory.

No income - the effect of prison on benefit entitlement

The rules around benefits differ depending on whether you have been remanded in custody or serving a prison sentence.

The tables below shows the effect on the benefit and what you should do on release.

People of state pension-age

If you have reached state pension-age while in prison you will need to make claims for State Pension and Pension Credit.

Help with rent for people of state pension-age

BenefitRemandReleased from remandSentencedReleased from sentence
Housing BenefitPaid for up to 52 weeks.

Make a new claim for Housing Benefit if over 52 weeks.

Contact Housing Benefit advising of change of circumstances if less than 52 weeks.

Stops immediately.Make a new claim for Housing Benefit.

State Pension and income replacement benefits

BenefitRemandReleased from remandSentencedReleased from sentence
State PensionSuspended.

Contact the Pension Service on release.

 

If no sentence then you should be paid all money owed for the time spent on remand.

Stops immediately.Contact the Pension Service on release..
Pension CreditStops immediately.Make a new claim for Pension Credit.Stops immediately.Make a new claim for Pension Credit.

Disability benefits for people of state pension-age

BenefitRemandReleased from remandSentencedReleased from sentence
Attendance AllowanceSuspended immediately.Contact Attendance Allowance to have benefit reinstated.Suspended immediately.Contact Attendance Allowance to have benefit reinstated.
Personal Independence PaymentSuspends after 28 days.Contact Personal Independence Payment to have benefit reinstated.Suspends after 28 days.Contact Personal Independence Payment to have benefit reinstated.
Adult Disability PaymentSuspends after 4 weeks.Contact Adult Disability Payment to have benefit reinstated.Suspends after 4 weeks.Contact Adult Disability Payment to have benefit reinstated.
Disability Living Allowance

Care component suspends immediately.

Mobility component continues.

Contact Disability Living Allowance to have benefit reinstated.

Care component suspends immediately.

Mobility component continues.

Contact Disability Living Allowance to have benefit reinstated.

People of working-age

Help with rent for people of working-age

BenefitRemandReleased from remandSentencedReleased from sentence
Universal Credit - Housing Costs.Paid for up to 6 months.Notify UC of a change of circumstances via online journal or via UC Helpline.Can be paid for up to 6 months so long as you are not expected to be in prison for longer than 6 months.Seek Welfare Rights advice for your specific circumstances.
Housing Benefit.Paid for up to 52 weeks.

Claim Universal Credit if over 52 weeks.

Contact Housing Benefit advising of change of circumstances if less than 52 weeks.

Stops immediately.

Claim Universal Credit.

Income/earnings replacement benefits for people of working-age

BenefitRemandReleased from remandSentencedReleased from sentence
Universal CreditStops immediately.Make a new claim for Universal Credit.Stops immediately.Make a new claim for Universal Credit.
Contributory or New Style Employment & Support Allowance

Suspended and claim stops after 6 weeks.

Contact Employment Support Allowance on release.

If no sentence then you should be paid all money owed for the time spent on remand.

Stops after 6 weeks.

Make a new claim for New-Style Employment & Support Allowance

If you do not satisfies the contributions conditions you should claim Universal Credit.

Income-Related Employment & Support Allowance and Income Support.Stops immediately.Claim Universal Credit.Stops immediately.Claim Universal Credit.
Child Benefit

Should continue to be paid if your child is in prison with you or if someone else is looking after your child for you and you pay them an equivalent sum.

If your child is under the care of the local authority then your child benefit stops after 8 weeks.

Make a new claim for Child Benefit if it stops.

Should continue to be paid if your child is in prison with you or if someone else is looking after your child for you and you pay them an equivalent sum.

If your child is under the care of the local authority then your child benefit stops after 8 weeks.

Make a new claim for Child Benefit if it stops.
Child Tax CreditShould continue if you are part of a couple.Claim Universal Credit if single.Should continue if you are part of a couple.Claim Universal Credit if single.
Working Tax CreditStops if you are single but may continue to be paid if you are part of a couple and your partner is in prison for less than a year.Claim Universal Credit if single.Stops if you are single but may continue to be paid if you are part of a couple and your partner is in prison for less than a year.Claim Universal Credit if single.

Disability and Carers Benefits for people of working-age

BenefitRemandReleased from remandSentencedReleased from sentence
Adult Disability PaymentSuspends after 4 weeks.Contact Adult Disability Payment to have benefit reinstated.Suspends after 4 weeks.Contact Adult Disability Payment to have benefit reinstated.
Personal Independence PaymentSuspends after 28 days.Contact Personal Independence Payment to have benefit reinstated.Suspends after 28 days.Contact Personal Independence Payment to have benefit reinstated.
Disability Living Allowance

Care component suspends immediately.

Mobility component continues.

Contact Disability Living Allowance to have benefit reinstated.

Care component suspends immediately.

Mobility component continues.

Contact Disability Living Allowance to have benefit reinstated.
Child Disability Payment

Care component is suspended immediately.

Mobility component continues.

Contact Child Disability Payment to have benefit reinstated.

Care component is suspended immediately.

Mobility component continues.

Contact Child Disability Payment to have benefit reinstated.
Carer's Allowance/Carer's Support PaymentSuspended.Contact Carer's Allowance/Carer Support Payment on release.Suspended.

Contact Carer's Allowance/Carer Support Payment on release.

No arrears will be paid for the period of sentencing.

Industrial Injuries Disablement BenefitSuspended.

Contact Industrial Injuries Disablement Benefit on release.

If no sentence then you should be paid all money owed for the time spent on remand.

Suspended.

Contact Industrial Injuries Disablement Benefit on release.

If sentenced you should be paid arrears due for up to a year on release.

Children in prison

BenefitRemandReleased from remandSentencedRelease from sentence

Disability Living Allowance

Care component suspends immediately.

Mobility component continues.

Contact Disability Living Allowance to have benefit reinstated.

Care component suspends immediately.

Mobility component continues.

Contact Disability Living Allowance to have benefit reinstated.
Child Disability Payment

Care component suspends immediately.

Mobility component continues.

Contact Child Disability Payment to have benefit reinstated.

Care component suspends immediately.

Mobility component continues.

Contact Child Disability Payment to have benefit reinstated.
Child BenefitYour Child Benefit payments should stop after 8 weeks. You'll get arrears if you're cleared of the offenceContact Child Benefit to have benefit reinstated.Your Child Benefit payments will stop after 8 weeks if your child goes to prison or is on remand. You'll get arrears if they're cleared of the offence.Contact Child Benefit to have benefit reinstated.
Child Tax CreditYou should continue to be paid so long as your child is in prison for less than 4 monthsContact HMRC to have benefit reinstated if Tax Credits stop.You should continue to be paid so long as your child is in prison for less than 4 months.Contact HMRC to have benefit reinstated if Tax Credits stop.

We'd encourage you to contact us to find out what you should be claiming or to lift any suspension on benefits if you have been held in custody on remand. Workers supporting people being released from prison should make a referral using our online form:

Make a Welfare Rights Referral

 

Last modified on 21 June 2024

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