Benefits and prison

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Benefits that stop or are suspended

You cannot get benefits if you go to prison, apart from:

Some benefits are paused or ‘suspended’ while you’re in prison. When you’re released you’ll start getting payments again. These benefits are:

  • Industrial Injuries Disablement Benefit (IIDB)
  • Personal Independence Payment (PIP), although payments only stop if you’re in custody for more than 28 days in a 12 month period
  • Maternity Allowance, as long as you satisfy the benefit entitlement conditions

You’ll stop getting Carer’s Allowance if the person you care for goes to prison or is on remand.

Benefits while on remand

If you’re on remand, you cannot claim:

  • Universal Credit, apart from the housing payment part of Universal Credit in some cases
  • Jobseeker’s Allowance (JSA)
  • Income Support - apart from help with housing costs
  • Working Tax Credit - although your partner may be able to claim tax credits for an absent partner
  • Disability Living Allowance (DLA)
  • Employment and Support Allowance (ESA) or Incapacity Benefit
  • Attendance Allowance
  • Pension Credit - apart from help with housing costs
  • Industrial Injuries Disablement Benefit (IIDB)
  • Personal Independence Payment (PIP), if you’re in custody for more than 28 days in a 12 month period

You will not be entitled to Statutory Sick Pay (SSP) or Statutory Maternity Pay (SMP) from your employer.

Benefit arrears

If you’re owed any benefit arrears at the time you’re sent to prison or on remand, you can make a request in writing for these to be paid to someone else.

Benefit arrears if you’re not convicted

If you’re not convicted, you can get benefit arrears for:

  • contributory or New Style Employment and Support Allowance (ESA)
  • Incapacity Benefit

Benefit arrears if you’re convicted

If you’re sent to prison and claim Industrial Injuries Disablement Benefit (IIDB), you may be entitled to up to a year’s arrears whenever you’re released.

Claiming benefits on release

If you’re entitled to benefits, you can put in new claims as soon as you leave prison. You may also be able to get other financial and practical support.

You cannot claim Jobseeker’s Allowance (JSA) if you’re released on temporary licence (ROTL).

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