Most benefits stop when you go to prison — but the rules differ between remand and sentenced prisoners, and some benefits affecting your family may continue. Here is a full breakdown for 2026/27.
Benefits That Stop When You Go to Prison
| Benefit | Remand prisoners | Sentenced prisoners |
|---|---|---|
| Universal Credit (standard allowance) | Stops on committal | Stops from date of sentencing |
| UC housing costs element | Can continue up to 26 weeks if expected sentence is 26 weeks or less, or indefinitely with a partner still entitled to UC | Same rule applies |
| PIP | Continues up to 28 days | Stops after 28 days |
| Attendance Allowance | Continues up to 28 days | Stops after 28 days |
| Carer’s Allowance | Stops | Stops |
| New Style JSA | Stops | Stops |
| New Style ESA | Stops (unless on remand) | Stops |
| State Pension | Stops | Stops |
| Pension Credit | Stops | Stops |
Child Benefit is the main exception — it continues as long as the child remains with the responsible carer (usually the partner who remains at home).
Universal Credit in Prison: Remand vs Convicted
On remand (awaiting trial)
The UC standard allowance stops on committal, even for remand prisoners — you must still report the change to DWP. The housing costs element is the one part of a UC award that can keep being paid, and only if you’re expected to serve no more than 26 weeks in custody, or if a partner living at home remains entitled to UC in their own right.
After conviction
UC’s standard allowance stops from the date of conviction or sentencing. DWP will not pay the standard allowance for the period you are incarcerated. You cannot save up UC entitlement to collect on release.
What Your Partner Can Claim
If you have a joint UC claim and you go to prison, your partner should:
- Report the change immediately in the UC journal
- DWP closes the joint claim
- Your partner makes a new single claim in their own name
- Their UC is recalculated based on their individual circumstances, earnings, and household
Your partner may also be eligible for:
- The UC carer element if they are now caring for children alone
- Single person Council Tax discount (25%) — report the change to your council
- Increased entitlement to help with housing costs as a single person
The Housing Element and Your Home
Your UC housing costs element can continue for up to 26 weeks in the limited circumstances described above, but the standard allowance that most of your UC payment consists of still stops. If you were the sole tenant:
- Your rent still needs to be paid or your tenancy may be at risk
- If your partner is also named on the tenancy and claims UC, they can claim the housing element as a single person based on their rent and LHA rate
- Contact your landlord or housing association early — many will work with tenants in exceptional circumstances
PIP and Attendance Allowance: The 28-Day Rule
Both PIP and Attendance Allowance stop after 28 continuous days in prison (the same rule as for hospitalisation). For remand prisoners, the 28-day clock still starts from the date of custody.
On release, you must make a new PIP claim. You can request an urgent review if your condition is severe and you need payments to resume quickly. Your previous award level is not automatically reinstated — DWP will reassess.
On Release: Reclaiming Benefits
When you are released from prison, you can reclaim UC immediately. You will face:
- The standard 5-week wait for the first UC payment (advance available)
- A new identity verification process if your claim was fully closed
- Potential housing support challenges if your previous tenancy ended
Many prisons have a dedicated DWP Jobcentre contact or release planning team. Speak to them before release to prepare your claim.
Getting Help
- Citizens Advice — benefits advice for prisoners and families
- Unlock (unlock.org.uk) — charity supporting people with criminal records
- Prison Reform Trust (prisonreformtrust.org.uk) — practical guidance on rights in prison
See our Universal Credit guide and benefits if partner moves out for related scenarios.