Social security provisions for prisoners on temporary release due to coronavirus outbreak

New regulations

New regulations have been issued in relation to social security provisions for prisoners on temporary release due to the coronavirus (COVID-19) outbreak.

In force from 8 April 2020, the Social Security (Coronavirus) (Prisoners) Regulations 2020 (SI.No.409/2020) make provision for individuals on temporary release from prison to access means-tested benefits during the period of that release.

In particular, the regulations -

• require the definition of prisoner in income support, jobseeker's allowance, state pension credit, employment and support allowance and universal credit to be read so that individuals temporarily released from a prison in England and Wales are no longer included within that definition - this means that those individuals will be entitled to make a claim, or their presence in a household claiming means-tested benefits will be taken into account in calculating entitlement;
• enable a person temporarily released from a prison in England and Wales to be included as a member of a claimant’s household in those means-tested benefits;
• enable a person temporarily released from a prison in England and Wales to be treated as available for employment in a claim for jobseeker’s allowance;
• provide entitlement to housing benefit for individuals temporarily released from a prison in England and Wales; and
• require the Secretary of State for Work and Pensions to keep the operation of the Regulations under review.

The provisions under the first four bullet points above will expire on the same day as the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 (SI.No. 289/2020) and the Social Security (Coronavirus) (Further Measures) Regulations 2020 (SI.No.371/2020).

NB - Corresponding provision in Northern Ireland is made by the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 (SR.No.63/2020). In Scotland, where justice is devolved, prisoners are being released under different powers, which mean that the means-tested benefits above can be paid to them without needing to amend the reference to temporary release.

SI.No.409/2020 and SR.No.63/2020 are available from legislation.gov.uk