UC Housing costs and remand prisoners

Does anyone else have any experience of advising remand prisoners whose period on remand has exceeded 180 days?

I have been approached for advice by a client who spent a total of 11 months on remand before being found Not Guilty, but UC regulations state that a maximum of 6 months Housing Costs is payable to remand prisoners. It seems very unfair that he will now have to find five months rent payment when, in the eyes of the law, he has done nothing wrong.

I have suggested that he apply for a DHP to cover the difference, or that he pursue a Judicial Review of the decision that he is no longer entitled to housing costs after 6 months.  Does anyone have any other ideas?

There has always been a time limit on HB entitlement for remand prisoners. The UC regs are less generous to remand prisoners in favour of being more generous to some who are convicted, in the name of applying simpler bright line rules. I am not sure that there is any realistic JR argument about this and your client could not qualify for DHP as he has no housing costs entitlement.

Often in this situation there needs to be a difficult conversation about deciding what is to happen with the property, which may well be giving it up in order to avoid leaving prison with a substantial liability (albeit that would need to happen earlier in the process).

See further The Secret Barrister - Stories of the Law and How its Broken.