While on remand, you may be able to get help with your rent for up to 52 weeks. When you are given a sentence, your right to get housing benefit will be reduced to 13 weeks.

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 the housing adviser in prison or a local advice agency to find out if you can still claim housing benefit.

You will only be able to get housing benefit as a sentenced prisoner if the total time you spend in prison does not exceed 13 weeks. Your total time in prison includes the period you have spent on remand, as well as the time you received as sentenced.

The rules for working out housing benefit eligibility of sentenced prisoners are complicated. To give you an idea of how this is assessed, we have included a few examples.

Examples of housing benefit entitlements of sentenced prisoners:

Scenario 1: If you spend 10 weeks on remand and are then given a 6 weeks' sentence, the total time you spend in prison will amount to 16 weeks and you will be able to claim housing benefit for your remand period only.

Scenario 2: If you spend 10 weeks on remand and are then given a 3 weeks sentence, you will spend 13 weeks in prison and will be considered for housing benefit for the entire duration of your stay in prison.

Scenario 3: If you spend 20 weeks on remand, during which you are claiming housing benefit, and are given a 3 weeks' sentence, you will not be eligible for any housing benefit after sentencing as you will have spent more than a total of 13 weeks in prison.

A resettlement officer or a housing adviser within your prison should be able to help you determine whether you would be eligible for housing benefit and, if so, help you claim it.

Sentenced prisoners will not be considered for Support for mortgage interest, regardless of the length of their sentence. If you were receiving mortgage interest payments before going to prison, you may continue getting this while on remand, but you will lose your right to claim after sentencing.

If you’re getting into arrears with your mortgage, you could try letting the property out, asking your lender to reschedule your mortgage, give you a mortgage holiday, or you could consider selling your home.