Does anybody know whether HB is payable for residents released under the government's new End Of Custody Licence (ECL) scheme?

We house quite a few prison leavers and this could have major implications for the first 2 weeks rent for ECL cases. Should the prison be covering the rent? Even if eligible for HB, I suppose there could be further issues around proof of income.

Has anyone else experienced problems with this?

There's a posting in IS/JSA section which suggests means tested benefits are not payable:

http://www.rightsnet.org.uk/dc/dcboard.php?az=printer_friendly&forum=103&topic_id=4217

The guidance issued by JCP at Caxton House (copied below) states quite clearly that as far as JCP are concerned during the first two weeks there is no entitlement to Benefits, and that this is a Ministry of Justice problem. Reading between the lines, one gets the impression that the early release scheme was sprung on them with much prior consultation.

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A reply to the queries raised has now been recieved from JCP as follows:

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JOBCENTRE PLUS

EARLY RELEASE OF PRISONERS

This is a Ministry of Justice (MoJ) initiative. It is their policy and queries should be directed to them. They asked us in JCP if we could help facilitate payments to released prisoners. We identified a better and cheaper way of doing this through DWPs Shared Services. That is pretty much the end of our involvement.

But we know that some prisoners are being released early under a End of Custody Licence. This is a form of Release on Temporary Licence. Benefit Regulations are very clear that benefits are not normally payable in these circumstances. This is why MoJ need to make payments to these people to sustain them. They may also receive help towards accommodation costs.

Staged payments are being made. Prisoners released under this programme will receive a discharge grant from the prison and then payments at 8 and 15 days through DWP Shared Services from 16 July. Prior to this the prison will make the full payment. There is a help line which prisoners can ring for any queries regarding receipt of payments. The number is 02929381111. This is not available until the 17th of July.

It is being made very clear to prisoners on release that they should not attempt to claim benefits and if they contact JCP they should declare they are subject to an ECL. Once the licence ends of course they can make claims in the normal way. For those wishing to claim JSA, MoJ will be booking a new claims interview through the Freshstart process for as soon as possible after the ECL ends, rather than as soon as possible after release. Our Employment and Benefit Surgery Advisers, who are based in prisons, will be giving this message too but of course will continue to signpost customers to appropriate products, services and employment
Opportunities.

There is no JCP guidance for this as it is MoJ policy. Obviously, we have written an information note for our Directors but this is nothing more than I have written here and in my previous note. I would be happy for you to circulate these if that would be helpful. I would be grateful though if it is noted that the help line number is only available from 17 July.

Nick Owen
Products and Services Management Division
Labour market & Employer Products and services
Caxton house
London

Thanks Mike. Has anyone had any experience of this or knows who is liable for rent payments if HB won't pay?

Therein lies the problem - JCP made it clear that Min of justice were responsible for these people for the first fortnight - I can only suggest one of two possible avenues of enquiry - the prisoners helpline No - 0292 038 1111 - and/or emailing Nick Owen at JCP - Owen Nick JCP HORO <NICK.OWEN@JOBCENTREPLUS.GSI.GOV.UK>

Thanks Mike - I'll start some enquiring....

At the discretion of the prison governor ECL prisoners are eligible for the payment of housing costs. A weekly rent of between £50 - £70 (depending on where in the country they are released to) will be paid by the prison to a landlord of a bona fide address. Prisoners must complete form F1794, issued in the prison once it is known they are eligible for ECL to apply for housing costs. They may also be eligible for a one off payment of up to £50 if a deposit is required to secure accommodation.

I have spoken to the Policy Unit for ECL and they have only just completed writing the Prison Service Instruction regarding all aspects of ECL payments and protocol based on the experience and lessons learnt in the last two and a half months the scheme has been in operation. This has not yet been published or issued to prisons.

There has been some confusion over an ECL prisoner's eligibility to Housing Benefit. Housing Benefit regs (as far as I can see) do not actually exclude them from claiming, although the Policy unit is adamant that they are not eligible to claim! Our LA HB dept have been given no guidance on this matter but have enquired with Jobcentre Plus and been told there is no eligibility.

I would imagine it depends on the legal status of the prisoner. If their status is defined as being on Temporary Release (as per section 47(5) of the <1952 c. 52.> Prison Act 1952 (rules for temporary release), then they would be treated as though they were not occupying the property, despite any actual occupation, and as such ineligible for HB.

Hopefully the Prison Service instruction when it is released will clarify much of the confusion over ECL!

And who will be surprised when people then go back to thieving or whatever, when they have no other means?

Hi all

Further to this thread:

Just wondering if anyone (especially any social landlords housing prison leavers) has experienced any problems with HB for prisoners released on ECL? We have had a few cases where HB has been turned down for the ECL period. This has included residents new to the property as well as those claiming at the address whilst in prison (under the temp absence rules). In each case HB has been stopped for the ECL period, and the LA has insisted on new HB apps being provided to restart the HB claim after the ECL.

The problem lies in the fact that specialist RSLs providing supported accommodation tend to have higher rents that far exceed the discretionary housing payments (£50-70) referred to above.

Add to this the fact that payments have to be applied for 1 week before release on ECL - it is my understanding that most prisoners are be aware of where they will be going to at this stage - yet they need to know their landlord name & address to apply! Indeed, some residents are claiming they weren't offered the payments at all.

We have gone down the HB appeal route and are planning to take this through to tribunal. Any experiences in the ECL field would be greatly appreciated!

Many thanks