Benefits and prison

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Housing Benefit

You may be able to continue getting Housing Benefit or make a claim for the first time if you go to prison or are on remand.

Making a new Housing Benefit claim

You can only make a new claim for Housing Benefit if one of the following is true:

  • you have reached State Pension age
  • you live in temporary accommodation
  • you live in sheltered or supported housing with special facilities such as alarms or wardens

When you will not be able to claim

You will not be entitled to claim Housing Benefit if:

  • you’re likely to be on remand for more than 52 weeks
  • you’re likely to be in prison for more than 13 weeks (including any time on remand)
  • you’re not intending to return home on release
  • you’re claiming as a couple and you’ve split up
  • the property is going to be rented out

On remand

If you’re single

You can claim Housing Benefit payments for up to 52 weeks while you’re on remand, if you’re likely to return home in a year or less.

If you’re in a couple

You can claim joint Housing Benefit for up to 52 weeks while one of you is on remand, if it’s likely to be for a year or less.

If your child is on remand

Your Housing Benefit payments can continue for up to 52 weeks if your child’s on remand, if they’re likely to be away for a year or less.

In prison

If you’re single

You can claim Housing Benefit for up to 13 weeks if you’re single and go to prison and are likely to return home in 13 weeks or less - including any time on remand.

If you’re in a couple

You can claim joint Housing Benefit for up to 13 weeks if one of you has gone to prison and is likely to return home in 13 weeks or less - including any time on remand.

If your partner’s been the one claiming Housing Benefit and goes to prison, you may be able to claim it instead. You may need to have your name added to the tenancy agreement, if it’s not there already.

If your child is in prison

If your child goes to prison, you’ll need to contact your local council to see if your Housing Benefit entitlement will change. For example, if you rent from a private landlord, the amount of benefit paid is limited, depending on who’s living with you.

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