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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Claiming U/C Whilst living at probation Hostel

J.Mckendrick
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Welfare Benefits Team - Phoenix & Norcas

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Total Posts: 279

Joined: 16 March 2012

Help please! I have a client who has been released from prison after serving a custodial sentence and been placed on probation and now resides at a Probation Hostel ie part of his release conditions. Client has been told he is not eligible for UC! Can some tell me what “or under a sentence imposed by a court” actual means eg can this be agreeing to release by being put on probation and told to reside at a Probation Hostel. Or can such a client still claim UC in his/her own right. Any thoughts would be appreciated.;

Restrictions on entitlement – prisoners etc.
19.—(1) Entitlement to universal credit does not arise where a person is—
(a)a member of a religious order who is fully maintained by their order;
(b)a prisoner; or
(c)serving a sentence of imprisonment detained in hospital.


“prisoner” means—
(a)
a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

Elliot Kent
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Shelter

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Total Posts: 3128

Joined: 14 July 2014

Your client is not detained in custody - he has been released from custody into the community and has just had his place of residence fixed by probation services as a license condition. I can’t see any reason why he would be unable to claim.  ADM E3031-E3033 may assist.

Re “has been told he is not eligible for UC” - statements like this always make me wonder who has told the client this! Has he put a claim in or just been dissuaded from doing so by what he was told by whomever?

J.Mckendrick
forum member

Welfare Benefits Team - Phoenix & Norcas

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Total Posts: 279

Joined: 16 March 2012

Many thanks, really helpful. JM