IS20 - A guide to Income Support

Who can get Income Support?

Young people being looked after by a local authority

Income Support is not paid for young people while they are being maintained by the local authority. It may be paid for short visits during which the child or young person resumes their place in the household of the person treated as responsible for them.

If the short visit takes place on or after 06/04/04 and this is the only child in the family child personal allowances, child premiums or the family premium are not payable.

Members of religious orders

Income Support is not paid to members of religious orders who are fully maintained by their order. In some situations benefit may be payable to a member (for example, one living outside the order’s premises to nurse a sick relative, or an elderly or frail member no longer able to participate fully in the order’s activities) whose needs are not fully met by the order. [Legislation (27)]

Prisoners and their families

For social security purposes, if you are detained in custody pending trial, or pending sentence upon conviction, or serving a sentence imposed by a court, you will be treated as a prisoner. [Legislation (28)]

Normally you will not be able to get Income Support from the time you are taken into custody awaiting trial or sentence and throughout your sentence. If you claim Income Support help with your mortgage interest while you are in custody on remand, you may have to wait for a fixed period before you can be paid. But, while you are on remand you will continue to get Income Support to cover your housing costs (such as mortgage interest) if there is no one else responsible for your home. If you are in custody on remand and expect to be away from your normal home for less than 52 weeks, you may be able to get Housing Benefit or Council Tax Benefit for up to 52 weeks while you are away. These payments will normally be made directly to the person or body you owe the money to. If your family live in your normal home while you are in custody on remand, they may be able to get Housing Benefit or Council Tax Benefit while you are away. They should claim straight away. If they delay they may lose benefit. If your family already get Housing Benefit or Council Tax Benefit they should tell the local council as soon as you go into custody.

You cannot get money for court expenses but if, for example, you are stranded away from home after release from remand, you may be able to get a Crisis Loan from the Social Fund to get you home.

Electronically-tagged people awaiting trial or those released early on licence are not treated as prisoners and can claim under normal rules.

Your benefits after sentencing

Prisoners on leave
If you go on a short period of release on temporary licence to help prepare for your discharge, you will not be entitled to Income Support.

If you will be staying with someone who is getting Income Support, they may be able to get a Social Fund payment towards the cost of your stay. They should contact the Jobcentre Plus office or social security office and make an application before your temporary licence release begins.

Payments on discharge

The prison authorities may give you a discharge grant on your release. If you want to claim Income Support your discharge grant will be counted as capital. Claims will be backdated to the date of discharge providing that a claim is made within 7 days of release.

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