Forum Home → Discussion → Housing costs → Thread
UC Housing Costs for re-called Prisoner
Hello - I have a tenant who was sentenced to a 20 month custodial sentence from 16.07.2020. He came out on license on 30.04.21 but was recalled and incarcerated from 04.10.21 -11.03.22. UC are saying that Housing costs paid from 04.10.21 - 03.02.22 are now seen as an overpayment. Did he have entitlement to 6 months Housing Costs under UC at the commencement of his sentence as it was for over 6 months? Very confused as UC seemed to have paid 3 months UC at commencement of his sentence in July 2020 but seeing the payments in October 2021 -03.02.22 as an overpayment.
Any advice would be welcome!
I analysed the relevant provisions in this thread:
https://www.rightsnet.org.uk/forums/viewthread/17684/
Adopting that analysis, there is no overpayment because the second ‘term in custody’ never exceeded and was never going to exceed 6 months
I’d need to dig a bit but the Dangos information Pack (have you been on a Dangos course?) says, necessarily briefly:
If the prisoner is detained in prison for 6 months or less, or is on remand and received help with housing costs before going into prison, Universal Credit housing costs can be paid for up to 6 months.
People claiming Tax Credits/JSA/ESA/Housing Benefit (Legacy benefits) before going to prison and serving 13 weeks or less are able to continue to claim Housing Benefit through the local authority. Those held in custody on remand are entitled to Housing Benefit for up to 52 weeks.