UC prison

I’m doing a list of changes in circs that would ‘trigger’ a claim for UC for those on legacy benefits in a full service UC area.

This is one of them (taken from DWP slide) about ‘remand’ which says if “Remanded in custody its a UC claim(normally in non UC areas it would be JSA to IS or WTC to IS).

However, Reg 19 UC regs 2013 basically says no UC arises for a prisoner unless (amongst other things) they were entitled to UC immediately before becoming a prisoner (which included housing costs).

You can see this appears to be a ‘catch 22’ where people on legacy benefits in a full service area can never get UC (housing costs) when they go into prison because they were not on UC immediately before they went into prison!

http://www.legislation.gov.uk/uksi/2013/376/pdfs/uksi_20130376_310515_en.pdf

I can hear some of you say, “ask the DWP”. I have of course but haven’t had a reply. So if any one can help, I would be very grateful, thank you, Clive

Yes, the way I read it remand prisoners are worse off in two ways:

- housing costs can only be paid for 6 months (as opposed to 52 weeks on legacy benefits)
- it must be a continuation of an existing award: you cannot make a new claim because you have been remanded in custody, which might be the very reason why you cannot pay your housing costs all of a sudden.  Whereas under legacy rules you could claim, for example, HB to cover rent because your income has been interrupted by imprisonment

speaking of prison - will housing costs still be payable under the 13 week temp absence rules - (APA in place) for someone who has been sentenced to 6 months - but likely to be out in under 13 weeks - if he cannot meet conditionality due to being in prison ?

Under the temp absence rules - Schedule 3 para 9 http://www.legislation.gov.uk/uksi/2013/376/pdfs/uksi_20130376_310516_en.pdf -  a claimant is to be treated as no longer occupying accommodation from which they are temporarily absent where the absence exceeds, or is expected to exceed, 6 months - it’s a 6 month rule under UC instead of a 13 week rule. So yes they can get housing costs provided not expected to be in prison for longer than 6 months.

fab - thanks daphne x