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Children growing up in families affected by imprisonment are at increased risk of poverty. Research has shown that the impacts of poverty and imprisonment can have negative effects on families' relationships as well as on children’s development, physical and mental health.
This is a brief overview of the impact of imprisonment on family benefits, and the financial help available before, during and after a family member has been in prison. It is not a full statement of the law and you should seek advice in your individual circumstances.
Child benefit is paid to a person responsible for a child (under 16 and up to 31st August following the 16th birthday) or a young person (aged under 20 in full-time non-advanced education or approved training). It is administered by HM Revenues & Customs (HMRC).
You can continue to receive child benefit for a period of eight weeks for a child or young person in prison or detention. If your child or young person has been detained in custody for more than 8 weeks but at the end of criminal proceedings is not sentenced to a term of imprisonment or detention, you can get child benefit paid for the period it stopped.
You can get child benefit again if the child or young person returns home to live with you for a week or more, or if they ordinarily live with you for at least two nights a week. If they leave prison and does not return to live with you, you can only continue to receive child benefit for her/him if you are using the money to support the child. You can continue to receive child benefit for a young person whose education or training has been interrupted for up to 6 months. You must notify the Child Benefit Helpline 0300 200 3100 (Textphone: 0300 200 3103) if a child or young person is in prison or another form of detention for 8 weeks or more. You should also notify when they return to live with you, to make sure payment starts again.
If you are getting universal credit for a child or young person, you cannot be paid a child element if they are in custody pending trial or sentence, or convicted under a sentence. You lose the child element for the whole monthly assessment period in which they are admitted to custody. When they are released, it is important to notify this straight away, and you can get the child element for the whole monthly assessment period in which they are normally living with you again. You are entitled to a child element for a child up to the 31st August after their 16th birthday, or for a young person up to the 31st August after their 19th birthday, as long as they are still in full-time non-advanced education or approved training.
If the person in prison is an adult son or daughter who you no longer receive child benefit for, or another adult aged over 18 who was living with you, it may also affect the housing costs element of UC if s/he is absent from your home for more than 6 months. In some cases, this can mean that your housing costs element goes down because you are treated as needing fewer bedrooms and may be affected by the ‘bedroom tax’. If the young person is aged at least 21, your housing costs element may go up because there is no housing costs contribution deducted for another adult living with you. If UC does not meet your rent in full because of the ‘bedroom tax’ or any other reason, you should apply for a discretionary housing payment from your local authority
Universal Credit Helpline: 0800 328 5644 (Textphone: 0800 328 1344) or report changes in your online journal on gov.uk.
You can continue to get Scottish child payment (£27.15 a week for a child under 16) as long as you are still getting universal credit, pension credit or child benefit for the child.
Housing benefit is help with rent from your local authority that you can claim if you are in temporary homeless or specified supported accommodation, or you are over pension age. The amount of housing benefit depends on your income, the needs of your household and the type of property you live in.
A child or young person in custody is still treated as part of your household unless s/he does not intend to return to live with you or is likely to be absent for more than 52 weeks. If s/he is likely to be absent for more than 52 weeks, your housing benefit may be reduced. In this case, you can challenge the decision on the grounds that there are exceptional circumstances and the absence is unlikely to be substantially more than 52 weeks.
If the person in prison is an adult son or daughter who you no longer receive child benefit for, or another adult aged over 18 who was living with you, it may also affect your housing benefit if s/he is sentenced to more than 13 weeks, or on remand for more than 52 weeks awaiting trial or sentence. In some cases, this can mean that your housing benefit goes down because you are treated as having a spare room and may be affected by the ‘bedroom tax’, and in other cases it may go up because there is no deduction for another adult living with you. If you are severely disabled, you may also be entitled to an additional amount in housing benefit or pension credit because you do not have any other adults living with you.
You should notify the local authority that pays housing benefit if a member of your household is likely to be in prison for more than 13 weeks. If housing benefit does not meet your rent in full because of the ‘bedroom tax’ or any other reason, you should apply for a discretionary housing payment from your local authority. It may also affect your council tax, as you may qualify for a single adult discount, and council tax reduction may be affected.
If you have been getting universal credit as a couple and your partner is detained in custody pending trial or sentence, or convicted under a sentence, your claim continues as single person, so the amount will be reduced to a single rate. As long as you have not separated and the absence is not expected to be more than six months, any income or savings in your partner’s name still counts. If you are working, you might be able to get help with childcare costs. When s/he is released, it is important to notify that s/he is coming back to live with you, and the couple rate will be payable for the whole of the monthly assessment period in which s/he returns home. If the period in custody is expected to be more than six months, you are treated as making a single claim and your partner’s income or savings does not count.
You can get child benefit while you are a prisoner as long as you continue to be responsible for the child and the money is being used to support the child. If you are in prison for some time, you may want to arrange for child benefit to be paid to the person looking after your child. If your child is taken into care by the local authority and placed with foster carers or kinship carers for 8 weeks or more, you cannot continue to receive child benefit.
You cannot get universal credit while you are detained in custody pending trial or sentence, or convicted under a sentence, except for the housing costs element for rent, which can continue to be paid for up to six months, if it was paid immediately before you went into prison and you are not expected to be in custody for more than six months. Someone else will have to take responsibility for your children and can claim for them if normally living with them. A young person aged 16 or over may be able to claim in their own right, and can be treated as responsible for younger siblings.
You can continue to get housing benefit and council tax reduction during a temporary absence not expected to exceed 13 weeks (or 52 weeks on remand), provided you intend to return home and do not sublet. Alternatively, someone else living in your home, such as an adult son or daughter, can be treated as liable for your rent and claim universal credit housing costs (or housing benefit if over pension age).
Child benefit can continue for a young person aged 16 to 19 in full-time (more than 12 hours a week) non-advanced education (up to Highers, SVQ level 3 and below). Alternatively, if a young person aged 16 to 21 is left on their own while you are in prison, and the young person is in full-time non-advanced education, they may qualify for universal credit in their own right. Child benefit would stop in this case. If the young person is aged 21, they must have started the course or enrolled before reaching 21. S/he could also claim council tax reduction if your absence is longer than the period allowed.
You can get help with travel costs if you are visiting a partner, child or close relative in prison, or you can also get help with the cost of someone bringing your children to visit you in prison. The visitor must be getting one of the following benefits:
You can get an application form from the prison, or apply online gov.uk/help-with-prison-visits or contact Help With Prison Visits (see Further information). Assistance is normally given towards one visit every two weeks, and up to 26 visits in a 12-month period. If you cannot travel to the prison and back home in one day, a contribution to the costs of an overnight stay will be considered. To get reimbursed, you should keep tickets and apply within 28 days of the visit. You can apply in advance for the cheapest rail tickets available. You must also get a Confirmation of Visit form stamped by the prison. You can also get help with the costs of childcare if you have to pay a registered childcare provider to look after your child while you are visiting the prisoner.
You can apply for a Community Care Grant towards the living expenses of a prisoner or young offender who is staying with you on temporary release. You should be on a low income and are normally expected to be getting certain benefits but this is not essential. You should apply to your local authority for a Community Care Grant from the Scottish Welfare Fund.
There is no limit to the number of Community Care Grants you can get in a year. If it is refused or you are unhappy with the award, you should seek a review within 20 working days, and you have a right to a further independent review if still unhappy.
An adult being released from prison can apply for a Community Care Grant to help settle in the community. They can apply in advance and should apply to the local authority where they will be living (not the area where the prison is located). They should be on a low income. A grant can be given for essential household items. They can also apply for a Crisis Grant for living expenses if they have no other support, but should also claim any benefits they are eligible for and request an advance payment.
If your child or young person has returned to live with you, you should notify the Child Benefit Helpline and ask for payment to be reinstated. A young person under 20 should intend to return to full-time non-advanced education or approved training for child benefit to be payable.
If you are getting universal credit, it is important to notify straightaway when a family member returns to live with you. You are entitled to the additional amount as a couple, or for a child, for the whole of the monthly assessment period in which she returns to live with you.
A person released from prison will usually have to claim universal credit. If your partner or only child has been released and returns to live with you, you may have to claim universal credit. Universal credit must usually be claimed online. If you need help to claim online, ask the Universal Credit Helpline to arrange support locally and record the date of your telephone call as your date of claim. The first payment is usually made after one month and 7 days but an advance payment can be requested for people in financial hardship. Universal credit is usually paid in one monthly payment into a bank or similar account, including amounts for rent. In Scotland, you have the choice to be paid twice monthly and to have the amount for your rent paid straight to your landlord.
If you are part of a couple and payment into one account may cause difficulties or put you at risk, you can ask for an alternative payment arrangement to split payments to two different accounts. This is at the DWP’s discretion but can be considered for vulnerable groups, including ex-offenders. Alternative payment arrangements can be requested by a claimant, their representative (e.g. support worker) or a landlord if in rent arrears.
If you are supporting a family affected by imprisonment with their benefits, you can contact CPAG for advice.
Families Outside is the only national charity in Scotland that works solely to support the families of people affected by imprisonment and to mitigate the effects of imprisonment on children and families – and consequently to reduce the likelihood of reoffending – through support and information for families and for the people who work with them.
Support & Information Helpline Freephone: 0800 254 0088
Email: [email protected]
Texting Service: 60777 Text FAMOUT then your message
PO Box 17594
Birmingham
B2 2QP
Get help with the cost of prison visits - GOV.UK
Telephone: 0300 063 2100, Monday to Friday, 9am to 5pm
