I've got a client who spent eight weeks on remand and clearly was not entitled to IS while in prison due to Schedule 7(8) IS(gen)regs 1987 which makes the applicable amount for a prisoner nil.

I can't seem to get a handle on what happens on release - Reg 3(1)(b)says .."the payment to any person of any benefit-
(a)..
(b)which is payable otherwise than in respect of a
period during which he is undergoing imprisonment or
detention in legal custody shall be suspended while that
person is undergoing imprisonment or detention in legal
custody."

Does this mean that he can get arrears of IS on release if not convicted?

I can see that reg 2 of the SS(gen )regs 1982 allows for the payment of IB,AA,DLA,Widows benfit ,Bereavement Benefit,SDA and similar benefits where ultimately the claimant is not convicted or sentenced to a term of imprisonment.No mention of IS however....

Is it just my mis-placed sense of justice that leads me to feel that remand prisoners who are relesed with no convictionn should receive arrears of IS??

I think that you may have that misplaced sense of justice after all! My reading of the Regs concur with yours and I had a look in the CPAG Handbook too. It seems IS stops and no arrears are paid even if someone does not receive a sentence. Perhaps the DWP perspective would be that bed and board were provided by Her Majesty therefore the DWP wouldn't 'double' your payment? I seem to remember having to make a fresh claim for a client in these circumstances, but the DLA arrears were paid.

I'm sure most remand prisoners are delighted, on release to discover that they have effectively paid for their lodgings in HMPrison with their Income Support. Thanks for your comments, the outcome seemed so unfair I couldn't quite believe it, but hey "life's a bitch"...

Any one heard of human rights challenge on this matter?

See http://www.dwp.gov.uk/publications/dwp/2004/gl32_oct.pdf (page 9 and following) for further details.

thanks ruth - further confirmation of a rather unjust postion, at least now I know ...Cheers