UC prison sentence

A number of our clients go into prison for very short periods, 4 weeks or less, often on recall.  I understand the housing element situation however I wondered about the calculation of payment of the standard allowance on their release.

Say for example their assessment period runs from 2nd November, they go into prison on 5th November and are released on 25th November, will they calculate the standard allowance for that period in a similar way to how sanctions are calculated ie daily rate removed for every day in prison, claimant then gets paid for what is left of the assessment period.

Hi, I’d have a look at ADM chapter E3. It helps a bit - though it doesn’t give examples of the very short periods you are talking about.

para E3041
Example 1
John is entitled to UC of £564.67 for an assessment period that runs from the 10th of each month, the award is comprised of £314.67 for the standard allowance and £250 for the housing cost element. On 1.4.14 John is sentenced to 10 months in prison. John’s UC award is reduced to £250 from 10.3.14. (the first day of the assessment period in which the change occurred) for the duration of his detention. 

But say you have a similar scenario with a 4 week sentence. The UC award is reduced from the first day of the AP in which the change occurs. I also think (although it’s not clear from the example) that it has to stop being reduced from the beginning of the AP in which he comes out, as long as he notifies them by the end of that AP.

Bit bothered that it doesn’t say so there though! So then looked at regs. Reg 19 says no entitlement (except housing costs) whilst a prisoner as defined by the UC regs. BUT UC (D&A) regs, Sched 1, part 3 says that a supersession takes effect from the first day of the AP in which the change takes place, as long as the claimant informs the DWP by the end of that AP (or such longer period as may be allowed - if you’re lucky!)

If they are late in informing the DWP, the change would take place from the beginning of the AP in which they notify (para 21). If the DWP make the change on their own initiative, the change would take place from the beginning of the AP in which they do so (para 29).

I can’t see any exceptions which apply to prisoners, or any pro-rating provision. So I think the ADM may be a bit misleading on this, though it’s possible I’m missing something - but there’s no other regs quoted in the ADM.

If he is late in telling them then worth checking reg 36 D&A & considering whether there were good reasons for the delay, but I’ve not had much joy with that.

Other advisers who work with prisoners more frequently may have more to say on this?