A8/2020: The Social Security (Coronavirus) (Prisoners) Regulations 2020 – (England and Wales)
Updated 10 February 2021
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This publication is available at https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2020/a82020-prisoners-the-social-security-coronavirusprisoners-regulations-2020--2
Who should read
Housing Benefit staff
Action
For information
Guidance manual
The information in this circular does not affect the content of the Housing Benefit (HB) guidance manual. Please annotate this circular number against chapter BW2 paragraph 3.510 of Chapter A3.
Queries
For queries about the:
- technical content of this circular, contact:
uclocalauthority.liaisonteam@dwp.gov.uk - distribution of this circular, contact:
housing.correspondenceandpqs@dwp.gsi.gov.uk
Previous HB adjudication circulars are available.
Introduction
1. The Social Security (Coronavirus)(Prisoners) Regulations 2020 (SI 2020/409) were made on 7 April 2020 and came into force on 8 April 2020. These Regulations make amendments to the Housing Benefit Regulations 2006 (SI 2006/213) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/214).
Background
2. As part of the government’s strategy to support people affected by coronavirus (COVID-19), the Ministry of Justice has made provision for the urgent temporary release of prisoners to allow for the safe running of the prison estate.
3. SI 2020/409 makes provisions for individuals on temporary release from a prison in England and Wales to access Housing Benefit (HB) during the period of that release.
Changes to HB regulations
4. SI 2020/409 amends paragraph 14 of regulation 7 of SI 2006/213 and paragraph 14 of regulation 7 of SI 2006/214 so that they are to be read as though the reference to ‘the Prison Act 1952’ is not included.
5. The effect of the change is to allow the prisoners on temporary release to be treated as if they are not prisoners and therefore allow them to claim HB, subject to them meeting the usual conditions of entitlement to HB.
6. This amendment ceases to apply 8 months from 13 March 2020.