Czech prisoner

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    Hi. I wonder if anyone can help me with this one? We have a Czech national who was entitled to housing benefit but has been in remand since 1/6/09. The procedure is to pay a prisoner on remand on nil income while they are in custody until we get a sentence date. However if we assess him on nil income, he will fail the right to reside test as someone who is not self sufficient. (However were it not for the fact that he was in jail he would continue to be entitled based on his previous income). Am I correct in saying that from 1/6/09 he is not entitled to housing benefit?


    I think the claimant is still protected under UK and EU law as he is on remand so will still be eligible for HB/CTB. I have not had the time to peruse the regs for confirmation of how to treat EEA prisoners (On remand) but as he has not been convicted of anything, yet, then I can’t see how any of the exclusions for EEA citizens can be engaged.
    See EEA 2006 reg (5) (7)(a).

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