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Will I lose my benefits? Print E-mail

If you are in receipt of benefits when you go into prison, it is important that you tell your benefits provider. Your entitlements may change as a result of your change in circumstances.

If you get overpaid benefits because you failed to inform that your circumstances have changed, you will have to pay this back when you come out of prison.

Contact the Social Security Agency by telephone or in writing to inform them that you have been imprisoned. Ask your family, friends or prison staff to do this on your behalf. This may, in effect, stop your claim from the date you were sent to prison.

If you were claiming benefits as a part of a couple, your partner can inform them of the change in circumstances and make a new claim.

While some benefits, such as Jobseeker’s Allowance, may be suspended when you enter prison, some – such as housing benefit - may be continued. People on remand and prisoners serving short sentences may continue receiving housing benefit for a limited time, to help them or their families cover their housing costs.

What do I need to do to get housing benefit?

If you have not claimed housing benefit before going to prison, you will need to fill in a housing benefit form .

If you have claimed housing benefit before going to prison, you will need to send a change of circumstances letter to the Housing Executive.

Your resettlement worker or the prison housing adviser will be able to assist you with your housing benefit claim.

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How long will I be able to get housing benefit?

Remand prisoners may claim housing benefit for up to 52 weeks , and sentenced prisoners are allowed to claim if they know they will be released within 13 weeks of going into prison.

Sentenced prisoners who will be staying in prison for more than 13 weeks are not be entitled to housing benefit while serving their sentence. However, if you have been sentenced  and, while serving your sentence, you are remanded in custody for another offence or offences you may be entitled to housing benefit for 52 weeks. 

Speak to a housing adviser in prison or at an advice agency to find out your entitlement. It is very important to have your benefit situation assessed as soon as possible after you go into prison.

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