PRISONS HOSPITALS AND WELFARE BENEFITS Philip Coleman Salford

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 1 st 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 S 2 – (28 days detainment) S 3 – (6 months detainment) S 136 (police arrest)