Transcript Claiming from the Social Fund

PRISONS, HOSPITALS
AND WELFARE BENEFITS
• Philip Coleman – Salford City Council – Welfare
Rights Service (Criminal Justice Integrated Team)
• Roger Thompson – Tameside Welfare Rights
Service
• Hospital information provided by Ragini Hevingham
– Tameside Welfare Rights Service
Aim of the workshop
• To give an overview of the affects of an individual being
sentenced to prison on means tested and non means tested
benefits
• To help to understand when an individual might be entitled to
certain benefits despite spending time in prison
• To outline some real and up to date statistics to help
understand the scale of problems facing the UK within the
prisons system
Prison Statistics as @ June 2010
• Prison population in 1992-1993 was 44628
• In June 2010 this has almost doubled to over 85000!
• Re-offending costs over 13 BILLION pounds per year when
taking into account all costs
• For offenders who breach their licence conditions – this costs
approximately £45,000 per prisoner
• In 2005 there were 54455 prisoners on remand – less than ½
of these went on to receive a prison sentence - the vast
majority received NO compensation
• 1 in 5 of remand prisoners are women
Common issues for prisoners prior to and on
release from prison
•
•
•
•
•
•
•
Closing down and re-opening benefit claims
Overpayments
Housing benefit problems and subsequent rent arrears
Council tax
Effects of going into prison on family members
Deductions from benefits stopping/restarting
Debts
Remand Prisoners
• Means tested benefits, inmates are disqualified from receiving
most benefits
• Sometimes benefits are only ‘suspended’ pending outcome of
trial
• Housing benefit is payable for up to 52 weeks but the person
must intend to return
Sentenced Prisoners
• For Housing Benefit and Council tax benefit – these are PAYABLE if the
sentence is less than 13 weeks.
• This runs from the 1st date the person entered prison and including the time
spent awaiting trial or sentence
• The prisoner must inform housing and council tax benefit about their
intention and likely release date. Change of circumstances forms are
available in prison
• For council tax – an exemption can be applied for if property unoccupied
Which benefits are affected for
Sentenced prisoners and NOT paid
• Disability living allowance (for care and/or mobility)
• Contributory and income related Employment and Support
Allowance
• Incapacity Benefit
• Maternity Allowance
• Retirement Pension
• Statutory Sick Pay, SMP and SPP
• Jobseekers Allowance
• Carers Allowance and Bereavement benefits
Who doesn’t count as a prisoner?
• Benefits are PAYABLE to an individual who is on bail
• Living in ‘approved premises’ such as a bail or probation
hostel
• If released on parole or temporary licence
Drug Treatment in the Community
• In Salford a prison link worker will try to work with the offender
both prior to sentence and on release.
• The prison link worker will help to organise appropriate
prescription – such as methadone/subutex
Reclaiming benefits on release from prison
• Reclaiming any benefits on release is via a phone call to a
contact centre – Jobcentre Plus – 0800 055 6688
• Once the claim is submitted, a claim for a Crisis loan can be
made by contacting Crisis Loan Helpline on 0800 032 8341
• Community care grants – short term sentence of less than 3
months is not usually considered a stay in ‘institutional care’
for the purpose of a community care grant.
Changes to incapacity benefit
• Employment and Support Allowance introduced in October
2008
• This replaced Incapacity benefit and claims to income support
on basis of incapacity
• Over the next 4 years all claimants to incapacity – (almost
130,000 in the Northwest of England) will have their claims reassessed under a new work capability assessment which is
much stricter
• Prisoners sentenced prior to October 2008 and released now
will have to claim ESA. Many will fail this new test
Useful information/resources
•
•
•
•
Prison Reform Trust (see prisonreformtrust.org.uk)
HM Prison Service (hmprisonservice.gov.uk
Direct.gov.uk
Child Poverty Action Group (CPAG) welfare benefits
handbook (£39.00)
• POPS Partners of Prisoners and family support group
(partnersofprisoners.co.uk) Tel: 0161 702 1000
• Nacro.org.uk: 0800 018 1259
• Adviceguide.org.uk (Citizens Advice Bureau)
Any comments or suggestions?
Procedure on Admission to The Mental
Health Unit at Tameside Hospital
• After the initial Mental Health assessment has been carried
out, benefit, debt and housing issues are identified shortly
afterwards.
• Referral made to WRO based at hospital
• WRO visits client within 1-2 working days, benefit check
carried out, areas of work identified.
• Relevant benefit agencies informed of clients admission to
avoid unnecessary overpayments.
• WRO assists patient throughout stay to ensure package of
benefits on discharge is appropriate to the client.
Common Issues for people admitted to The
Mental Health Unit at Tameside Hospital
•
•
•
•
•
•
Unaware of how benefits affected when admitted to hospital
Overpayments and appeals
On the wrong benefit on admission
On no income at all
Debt
Housing
Which benefits are affected by a stay in
hospital
•
•
•
•
•
•
DLA/AA – after 28 days in hospital
I/S, ESA(IR) & (c) - after 28 days in hospital
CA – after 4 or 12 weeks
CP – after 8 weeks
HB/CTB – after 4 or 52 weeks
JSA – after 2 weeks sick (2 periods of sick allowed in a 52 wk
period)
• SSP – after 26 weeks.
• No Social Fund can be applied for whilst an inpatient
Who does not count as a hospital inpatient
• If you are a prisoner and are transferred to hospital under
Section 47/49 of the Mental Health Act, which allows a
sentenced prisoner to be transferred from prison to hospital
because of their mental disorder and the need for medical
treatment, then you are still classed as a prisoner and will not
have the same rights as a hospital inpatient.
Clients can be admitted/discharged to
hospital for various reasons/sections
•
•
•
•
•
•
•
•
Relapse in Mental Ill Health, i.e Bi-Polar, Schizophrenia, Psychotic episode
Family breakdown
Debt, Financial Problems
Attempt at suicide/ overdose
Drugs/Alcohol detox
Under Section of The Mental Health Act i.e S2 – (28 days detainment)
S3 – (6 months detainment)
S136 (police arrest)