Hi all,

My coligue has come to me with a puzzle.
Phil


I would like to know if a client who is in receipt of mortgage interest payments throught income support, can that client continue his mortgage interest payments on his home if he/she is in custody on a sentence? All the information I have come across seems to suggest that a person can get housing costs for up to 13 weeks, whilst they are away from home, for whatever the reason. The CPAG info states that "for IS and PC only in prison on remand pending trial or sentence. If you were claiming JSA before going into prison a person then must claim IS or PC instead to cover their housing costs. The information I have from NACRO states that Mortgage interest payments can be paid whilst on a sentence, for up to 13 weeks?

Does anyone have copies of IS Sch3 para 3(10) IS Regs so we can clarify??

I think client should still be able to get mortgage interest payments but DWP say no I think we should chalange... any comments welcome.

Thanks Phil

The key differences are on remand or sentenced (innocent until proven guilty) Up to 52 weeks if on remand and not sentenced.

When the person is sentenced how long is the sentence? Look at the length of sentence. So for example 6 months with third off for good behavior could be under 13 weeks. As soon as sentence period they will have to do is over 13 weeks not entitled from date of sentence.
Assuming this is a "single" person. No partner or dependants still living in the home.

Sensible or Fair? - I have never felt it is. Home could be repossessed by the lender. no home to come out to or lots more arrears.
But that's the rules.

In terms of accessing the relevant legislation, links to key websites that hold welfare benefit and tax credit related legislation (as well as official guidance, caselaw, and other reference materials) can be found in rightsnet's toolkit area.

Thanks Penny and Ken,

We where right in asuming the DWP officer my colleague spoke to was compleatly wrong!! as client du to be relieased on tagging after 2months in prison so should get.

Regards Phil