Prisoners - Partner in prison - Benefits - Partner in prison

If your partner is in prison you may be eligible for benefits to help you financially. If you are already claiming benefits, some of these might change to reflect your new circumstances.

Benefits - Partner in prison

You will now be treated as a single person or lone parent so you may become entitled to one of the following benefits for the first time:

If you already claim one of these benefits you should notify the relevant benefit office about the change in your circumstance.

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Prisoners - Partner in prison - Child benefits - Partner in prison

If your partner is in prison you may be eligible for benefits to help you financially. If you are already claiming benefits, some of these might change to reflect your new circumstances.

Child benefits - Partner in prison

If your partner was claiming Child Benefit for a child you now have responsibility for, they can transfer the claim to you.

If you were living with your partner and child as a household and your partner went to prison, the Child Tax Credit or Working Tax Credit will end and you will need to claim Universal Credit. 

If your child was living with your partner as a household and you were in a separate household, and your child is now moving in with you because your partner is now in prison:

  • you can add your child on your tax credits if you're already claiming or 
  • you may have to claim Universal Credit if you're not on tax credits.

If you are already claiming Universal Credit you should update your journal to report your change of circumstances. If you have not been claiming Universal Credit you will need to make a new claim. Use the Benefit Calculator to check your entitlement.

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Prisoners - Partner in prison - Help with housing costs - Partner in prison

If your partner is in prison you may be eligible for benefits to help you financially. If you are already claiming benefits, some of these might change to reflect your new circumstances.

Help with housing costs - Partner in prison

If your partner was the one claiming benefits before, and they are no longer entitled to the benefit, you will need to make your own claim for help with your rent. Most people will need to claim Universal Credit, unless they are over pension age or are living in temporary or supported accommodation.

You will also need to make a claim for Council Tax Support

If you live in a mortgaged property, see if you are entitled to Support for Mortgage Interest.

If you were already claiming these benefits, then you should notify the relevant benefit office of the change in your circumstances as this may change the amount you are entitled to.

For Housing Benefit, you will still be treated as a couple if you plan to live together again once your partner leaves prison, and they are expected to be in prison for less than 52 weeks.

For Council Tax Support you will still be treated as a couple if you are only temporarily separated

Universal Credit

If you had a joint claim for Universal Credit just before your partner went to prison, you would need to report a change of circumstances to claim standard allowance, and additional payments (housing element or childcare) as a single person. 

Your income and capital will still be assessed as if you and your partner in prison are a couple. If your partner is expected to be away from home for more than 6 months, you will be treated as a single person. 

Example:

Daniel and Emma are a couple and entitled to Universal Credit of £1148.40 a month, which includes the couple standard allowance (£578.72), child element for one child (£269.58) and £300 for the housing cost element. 

On 20.04.2023, Daniel has been sentenced to 4 months in prison (having a partner in prison brings the joint claim to an end). Emma reports this as a change of circumstances and starts getting the single standard allowance for herself, the child element, and the housing element. Daniel's and Emma's income and capital will still be assessed as if they are a couple. 

Updated: April 2023

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