Housing Issues When Someone Goes to Prison - Families Outside

[Pages:2]Families Outside Support and Information Helpline Tel 0500 839383 INFORMATION SHEET No. 14

Housing Issues When Someone Goes to Prison

When someone goes into prison there may be concerns around housing issues. It may be that with your partner gone your financial situation has changed; or perhaps the prisoner has his own tenancy and needs to decide what to do. This information sheet hopes to answer some of the queries that may arise.

If a landlord is threatening eviction or you fall into rent or council tax arrears, please seek specialist advice from an independent advice agency such as your local Citizens Advice Bureau, or Shelter Housing. You can also contact our Support & Information Line on 0500 83 93 83 or email: support@.uk or text us on Famout 60777.

Help for You

If your financial situation changes when someone goes to prison you may become entitled to claim help with your day to day living costs ? e.g. Job Seekers' Allowance, Working Tax Credit, Employment and Support Allowance ? and also with your housing costs. Housing costs can be paid to you even if a tenancy or mortgage is not in your name if you need to make payments in order to continue living in your home.

The benefits system is complex, and the following information gives a general overview. Please seek advice on your individual situation.

I pay rent to the council/housing association? what help can I get?

Housing Benefit (H.B.) is paid to council or housing association tenants on a low income to help them pay their rent. You do not need to be unemployed to claim. You claim through your Local Authority who will assess your savings and income and calculate how much help they can give. If your partner will be returning to the home within 52 weeks, then, in their calculation, the Authority should still

consider you and your partner as a couple whilst `temporarily separated'. Check they have done this as this could have a positive bearing on your entitlement.

I have a private landlord, what should I do?

If you rent from a private landlord, your Housing Benefit entitlement is calculated with reference to the Local Housing Allowance ? an amount based on the 'middle of the range' rental figure for similar properties in your area. You claim from the Local Authority.

I am buying my home ? is there help with mortgage payments?

If you have a mortgage, you may be able to get help to pay the mortgage interest as part of a claim for Income Support, income-based Job Seekers Allowance, income-related Employment and Support Allowance or Pension Credit. These benefits are for people working under 16 hours per week and it will depend on your circumstances (e.g. looking for work, caring for children) which one is applicable to you. Claim through the Job Centre.

Updated March 2012 ? Information correct at time of printing All information sheets are available on our website at .uk

What about help with my Council Tax?

Council Tax Benefit is paid to help people on a low income to pay their Council Tax. You do not need to be unemployed to claim and it is claimed through your Local Authority. Again if temporarily separated you should still be regarded as a couple see above re Housing Benefit.

If you are living on your own (with or without children) you will be entitled to a Single Person Discount of 25% on your council tax liability, regardless of your income.

A home which is vacant because someone is in prison is exempt from Council Tax.

Is there anywhere my son's belongings can be stored whilst he is in prison?

Unfortunately, there is very little help available with the storage of property, unless paid for privately. It is important therefore to try and make arrangements to store the prisoner's belongings if at all possible. There is no financial help available towards the costs for commercial storage, so if family members are not able to take care of the prisoner's things, it may be that the prisoner will need to decide what is really essential to them and give permission to sell or dispose of the rest. Each prison establishment has a property storage facility for small, personal items brought into the prison at the time of remand or conviction.

Help for the Prisoner

What happens to a prisoner's benefits?

A prisoner has no entitlement to most benefits and if s/he was claiming before they went into prison, then they should inform the relevant authorities that they are in prison or, if they were on remand,

that they have now been convicted. There should be help available in prison to do this.

One exception however to non- entitlement to benefits is help to pay housing costs.

If a property has been left empty a prisoner can continue or start to claim Housing Benefit (HB) and Council Tax Benefit (CTB) in certain circumstances. If remanded (i.e. unconvicted), then Housing Benefit and Council Tax Benefit can be claimed for up to 52 weeks, provided the absence from home is not likely to exceed 52 weeks and the prisoner intends to return.

If s/he is convicted, then Housing and Council Tax Benefit can be claimed for up to thirteen weeks, provided the total absence (including any remand time) is expected to be no longer than 13 weeks. It is possible to continue a housing benefit claim based on the Home Detention Curfew (HDC) eligibility date (being released on tag) if it falls within the thirteen week period, even if a decision on HDC has not yet been made.

In some circumstances, remand prisoners may be able to get help with mortgage interest payments ? seek specialist advice about this.

What about other bills?

Standing charges from electricity, gas or telephone bills will mount up unless the services are disconnected. If the prisoner is not going to be able to pay the backlog on release, or come to an arrangement with the utility company, it would be advisable to have the services disconnected as soon as possible.

For further help and advice in relation to housing problems, contact Shelter's Housing Advice Line on 0808 800 4444 or have a look at the website at: .uk

Updated March 2012 ? Information correct at time of printing All information sheets are available on our website at .uk

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