Because criminal law holds a person to be innocent until tried and found guilty, HB rules acknowledge this by allowing HB to be paid whilst someone is on remand in GB, as long as:
- The remand period is unlikely to be more than 52 weeks, and
- They intend to return home, and
- Have not sublet the property, and
- They have a 'live' HB claim.
Use Standard Letter CC11 to help a claimant get paid HB whilst held on remand.
The prison should also have the DWP forms "HCTB6 - Notification of Remand in Custody" and "HCTB7 - Change of status or custodial sentence" and "HCTB8 - Release from custody or change of circumstances", so that they can give dates of custody/sentence/release etc to the Local Authority. Click on the links for copies of these forms.
52 weeks - could this ever be longer?
While on remand the claimant has to intend to return home within 52 weeks. As soon as the HB Office become aware that the absence is likely to exceed this they will end the HB claim.
The HB Regs do allow HB to be paid for up to 52 weeks if the claimant's absence is unlikely to exceed substantially the 52 week period and there are exceptional circumstances (such as perhaps a delay in court hearing, ie some unanticipated event). DWP guidance suggests that periods of absence of up to 15 months would be OK under this rule but reminds HB Offices that it is for them to decide.
What if they are going to on remand longer than 52 weeks?
If not entitled to HB due to the length of remand is there someone else living in the property who could claim - a partner or someone else who could be treated as liable for the rent?
Note - HB can be paid for up to 4 weeks for any notice period, if the claimant terminates their tenancy - click here for more information - Standard Letter CC5.
They have now been sentenced
As soon as the claimant is found guilty, new rules apply - click here.