Prisoner – sentenced and on remand

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  • #55957
    liffe
    Participant

    We have a customer who was taken back into custody on a licence recall on 29/10/16. He has a few cases, some sentenced & some on remand!

    His current release date is 27/4/17. The prison cannot give me any further details other than he will not be released any earlier. I do not have any sentencing dates either. His ESA ended on 28/10/16.

    Do I end his HB from October 16? 

    #158375
    pbirks
    Participant

    If he is out on licence he is still serving a sentence. He has been recalled because he has been caught doing something that he'd normally be remanded for (or given bail for)

    The fact he has been a bad lad while out on licence means he is taken back into custody to continue serving the original sentence.

    It may be that he was taken back on licence…. his original sentence has finished and now he's just on remand – but without knowing whether that is the case and if it is, the dates involved, I dont see how he is eligible. 

    #158397
    churdle
    Participant

    Had a similar case a few years ago.  there was a recall to prison for failing to meet his probation officer.  he was arrested for another offence and held on remand for that one but was servering the remaing sentence for the original conviction.  With his sentence he was not due to be released until well after 13 weeks had passed therefore HB ended from when he was arrensted.  He unsuccessfully appealed.

    #159523
    liffe
    Participant

    I have the landlord disputing the recovery of the overpayment from themselves, even though I explained what I put in my post.

    Is there a regulation I can quote to them, as they have come back to me and stated the following below:

     

    If on sentencing the claimant is going to be away from home for more than 13 weeks in total (remand and sentence), including if they have already been away more than 13 weeks, then no HB will be paid from the Monday after the sentencing date (CH/499/2006) and this is a strict time limit (CH/1986/2009) – though any HB paid whilst on remand is safe.

    The HB Office cannot regard the HB already paid out as an overpayment, because up until conviction the claimant was intending to return home and therefore met all the eligibility rules.

    #159525
    pbirks
    Participant

    maybe the landlord has apoint – how would he/she know whether the tenant was on remand or sentenced??? 

    Surly its only recoverable from him if he could know the change would mean HB would end/reduce. 

    doesnt mean the overpayment is wrong but it doesnt mean its (automatically) recoverable from the landlord. 

    #165896

    Hello,

    In respect of the above, does anyone have a copy of CH/499/2006 or directions as to where I can find it as I can't locate it anywhere!

    Many ta's   

    #165901
    d-stainsby
    Participant

    Are you sure you don't mean CSH/499/2006?

    #165902

    Thats the one!

    #284805
    npatel
    Participant

    good morning all, looking for some help

    Landlord (supported accommodation provider) is appealing an overpayment, where the claimant went into prison, and this was only picked up from a Searchlight check that confirmed claimant has been in prison for a period of over 13 weeks. We cancelled the claim and created an HBOP of over £5K, cancelling the claim from the date stated on Searchlight We did not receive any notification via ATLAS/DWP although interest set on CIS, the Landlord was not aware of the claimant being in Prison. the LA issued notification letter to LL and they have confirmed HB should be awarded for temporary absence. We as the LA dont know the claimants period on remand, date sentenced or whether he had intention of returning to supported accommodation address, the LL has no contact details, they state they have tried to make contact with a probation officer but had no success.

    We as the LA don’t really know where to do with this now and have left the case cancelled from the date DWP have stated as end of UC as UC end due to reason imprisonment.

    Can the LL apply for temporary absence taking into account they dont know when the claimant left, what prison he is at, no contact with claimant or probation service.

    Thank you

    Miss N Patel

    #284807
    rplace
    Participant

    I’m not sure how the landlord can request temporary absence if there are not in contact with the customer. How do they know the customers intentions? If they were to track the customer down, establish they are on remand and have an intention to return then you would be able to reassess HB and put it back into payment.

    I be concerned about what support has been provided though. If they were providing regular support how come they were unaware the tenant had been absent from the property for such a long period? If the provider does come back with info to consider awarding HB under temp absence rules it may be worth reviewing the level of support being provided in the months leading up to the customer going into prison.

    #284808
    Peter Barker
    Keymaster

    You’ve got two things to consider here:

    – at what point, if any, did the claimant cease to be entitled to HB
    – from whom is any overpayment recoverable?

    If you have made a decision that the overpayment is recoverable from the landlord, the landlord is entitled to challenge that on entitlement grounds, i.e. that the claimant was entitled to some or all of the alleged overpayment. There is a lot of missing information and I wouldn’t allow this anywhere near a Tribunal without finding out more about the date when the claimant first became absent from home, whether he was initially on remand, if so when he was sentenced, the length of the sentence and the earliest likely release date.

    If you conclude in the light of all that information that there has been an overpayment, it certainly seems to be recoverable from someone as there is no obvious official error. If you accept that the landlord did not know the claimant was absent from home, it would seem that the overpayment is recoverable only from the claimant or appointee who is the one who has failed to disclose a change of circumstance. But what kind of supported accommodation provider doesn’t know their tenant is absent? I’d say the landlord has a bit of explaining to do there.

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