If your total time spent in prison is expected to be more than 13 weeks, and any of that time is spent as a sentenced prisoner, you will only be eligible for housing benefit during your time on remand.

Total time spent in prison includes time that you spent on remand, as well as time given to you as sentence. Even if you are serving a very short sentence, such as 2 weeks, but have spent 13 weeks or more on remand prior to conviction, you will not be able to claim housing benefit after you’ve been sentenced.  If, however, you are remanded for a seperate offence while serving an unrelated sentence, you may be entitled to claim housing benefit for up to 52 week .

You should arrange a meeting with a housing adviser or a resettlement officer in your prison to discuss other options of keeping your home. If your stay in prison is likely to be long and you are worried you may lose your home due to arrears, there may be other solutions for keeping your home.

If you are renting

If you are renting your house from the Housing Executive or a housing association, you may be able to ask your social landlord to consider agreeing to a nominated occupant.

A nominated occupant is a person appointed by you to live in your home and pay the rent in your absence. You will need your landlord’s consent to this arrangement.

A nominated occupant has no tenancy rights. All tenancy rights and responsibilities remain with you as the legal tenant.

If you are renting your house from a private landlord, you ask for a similar arrangement, however you would effectively be transferring the tenancy onto somebody else and the new occupant would become a tenant in your place.

Keep in mind that your landlord will expect a nominated occupant to maintain the property in good condition and pay the rent, rates and other applicable expenses. However, you as the legal tenant will maintain tenant responsibility.

If you own your home

Sentenced prisoners will not be able to claim Support for mortgage interest.

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 conviction.

Until 21 April 2011 a Homeowners mortgage support was in operation that allowed you to postpone part of your interest payments for a maximum of two years.  This scheme closed to new applicants on 21 April 2011.

If you’re getting into arrears with your mortgage, it may be worth trying to let the property out while you are in prison, ask your lender to reschedule your repayments or give you a mortgage holiday. If all options fail, you may need to consider selling your home to avoid getting into serious debts. Visit our Mortgage Debt Advice section for more information on your options if you're worried about repossession.