Going into Custody?

What to do About Housing if you Receive a Custodial Sentence

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Acknowledgments

Thanks to Marie Rea, who wrote this booklet while on placement at NACRO. Thanks also to NACRO for their support.

Produced by Tameside Reducing Re-offending Accommodation Pathway.

For more information, contact Diane Barkley, Tameside MBC, Telephone 0161 342 3656 or Send us a Message.

Contents

• Introduction
• First Steps
• Help with Claiming Housing Costs
• Help and Advice in Custody
• Accommodation on Release
• Housing Options
• Other Useful Contacts
• Standard Letters

Introduction

This webpage is designed to offer guidance to people from Tameside who are placed on remand or who receive a custodial prison sentence. The purpose of the guide is to signpost residents as to where they can get advice and information about housing issues, including maintaining tenancies and housing benefit claims.

The guide also outlines what housing help and support is available in North West Prisons. This is subject to change and therefore if you have any concerns it is better to ask at the prison on your arrival or soon afterwards.

If you are a Council, Housing Association and private tenant claiming housing benefit there are some important things you need to consider regarding your claim. The section on Housing Benefit explains what you need to do to ensure you carry on receiving the benefit. This will reduce the possibility of running up rent arrears whilst you are in custody, which could also result in your property being taken from you.

If you know that when you are released you have no home to go to it is advisable to begin your search as soon as possible. Your Housing Advice Worker or Resettlement Worker within the Prison will be able to help you with this. There is a list of Housing Associations with property in the Tameside area contained within this brochure.

Additionally when you are released your Probation Service should be able to offer help.

The most important thing to remember is that you need to begin your search as soon as possible, as waiting times can vary.

Speak to your Housing Advice/Support Worker and/or Resettlement Worker as soon as possible.

First Steps

When you receive a custodial sentence or are placed on remand there are a number things you need to do to reduce accommodation problems at a later date.

• Rented Accommodation
  
  If you are a tenant renting accommodation from a Housing Association, a Registered Social or Private Landlord you may be able to claim housing benefit. You must intend to return to your home on your release and your home must not be occupied by anyone else in your absence, other than family members who usually live with you.
  
  The rules for claiming housing benefit are different if you are a remand or sentenced prisoner and section 3 on "Help with Claiming Housing Costs" explains this.
  
  You must write to your landlord to let them know what is happening. To do this, use standard letter 1.
  
  
• Mortgaged Accommodation
  
  If you have your own mortgage, you should write to your mortgage company immediately to let them know if you cannot continue with your mortgage repayments. They may be able to defer or reduce payments until your release.
  
  If you are a sentenced prisoner you cannot get any help with paying your mortgage. Some remand prisoners may be entitled to claim income support housing costs and section 3 "Help with Claiming Housing Costs"explains this.
  
  It may be possible for you to let your home in your absence or you may wish to consider selling it to minimise mortgage arrears building up. The Housing Support/Advice and/or Resettlement Worker located within your prison will be able to advise you or you could seek advice from your solicitor.
  
  
• Council Tax
  
  Prisoners are not usually required to pay council tax. You need to let your local council tax office know that you are now in prison. If you are still liable for council tax you can claim for council tax benefit, which can cover up to 100% of your bill.
  
  To inform the council that you are in prison and to claim council tax benefit use standard letter 2.
  
  
• Water, Gas and Electricity
  
  Even if your home is empty whilst you are in prison you are still liable for water rates. Write to the water company giving your name, home address, date of imprisonment and release date if known. Ask them to waive their charges as your home will be unoccupied or if not to disconnect the supply until your release.
  
  Write to your gas and electricity suppliers giving your name, home address, date of imprisonment and release date if known. Ask them to disconnect your supply so that you are not billed for standing charges. Ask them to write back to you to confirm that they have done so.
  
  
• Returning Your Keys
  
  If your home is rented and you are not returning to it when you are released from custody or you are giving up your tenancy you must arrange to return your keys to the landlord as soon as possible. Most landlords require 4 weeks notice, you could ask them to waive this in the circumstances.
  
  
• Securing your Home Whilst you are Away
  
  If your home will be empty whilst you are away, you need to think about how to keep it safe. If your home is owned by a housing association, they may be able to board it up for you. However there is usually a charge involved for this.
  
  You may wish to consider asking a trusted friend or relative to keep an eye on your home for you but if they move in it will affect your housing benefit entitlement.
  
  
• Your Belongings
  
  If you gave up your tenancy as you went into prison, you should arrange for friends or family to look after your pets and your belongings as commercial storage is very expensive. You should also do this if you lose your home whilst you are in prison.
  
  If your home is taken back by the landlord or mortgage company whilst you are in prison, write to them asking what they intend to do with your belongings.

Help with claiming Housing Costs

• Housing Benefit Claims
  
  If you are a remand prisoner, you can claim housing benefit for up to 52 weeks. If you are a sentenced prisoner you can only claim for 13 weeks or under. Even if you only serve one more week, i.e. 14 weeks, you cannot claim any housing benefit at all.
  
  You need to make a claim for your housing benefit as soon as possible as sometimes it can take some time to process your application.
  
  If you were claiming housing benefit before going to prison you cannot just continue with this claim - you need to make a new claim immediately.
  
  You need to write to your local housing benefit office to make a claim. You should also write and let your landlord know that you are claiming housing benefit and that the rent will be paid directly to them in the future.
  
  Use standard letter 1 to let your landlord know what is happening and standard letter 3 to request a housing benefit claim form from the council.
  
  
• Help with Mortgage Payments/Claiming Income Support Housing Costs
  
  If you are a sentenced prisoner you are not entitled to any support from the social security office for mortgage repayments.
  
  If you are a remand prisoner you may be able to get help to pay the interest part of your mortgage payments.
  
  If you have already been receiving payments for the interest part of your mortgage in your income support or income based jobseeker's allowance you can carry on with this. However you need to make a new claim for income support if you were on contributions-based jobseeker's allowance before being placed on remand.
  
  You need to write now to your local social security office to claim, but remember even if your claim is accepted the interest will not be paid in full immediately. You should check the current rules with your local social security office. Therefore you should write to your mortgage company to ask them to take this into account.
  
  Use standard letter 4 to claim income support housing costs from the social security office and standard letter 5 to notify your mortgage provider that you wish to pay mortgage interest only.

Help and Advice in Custody

Many prisons now have housing advice and resettlement centres with staff employed to help prisoners to sort out problems on the outside. In other prisons there may be prison officers or other staff who are able to help and advise you on housing matters. The following is a list of contacts within North West Prisons who will be able to help with any housing concerns.

HMP Altcourse - Resettlement Service
Tom Dry 0151 522 2000

HMP Buckley Hall - Housing Advice Centre
Anne O'Brien 01706 514300

HMP Forest Bank - Housing Advocacy Worker
Debbie Clow 0161 925 7000 x 2163

HMP Garth - Housing Advice and Resettlement
Emily Barker 01772 443 3001 x 3585

HMP Haverigg - Housing Support and Resettlement
Mary Cove 01229 713000

HMP Hindley - Housing Advice and Resettlement
Alan Price 01942 855283

HMP Kirkham - Housing Advice
Direct Line 01772 675 677

Lancaster Castle - Resettlement
Dusty Miller 01524 565100

HMP Liverpool - Housing Advice
Naomi Donovan 0151 530 4000

HMP Manchester - Housing Advice
Vicky Payne 0161 817 5600

HMP Risley - Resettlement
Nigel Kirk 01925 733000

HMP Styal
01625 553000

HMYOI - Resettlement
Nigel Kirk 01925 805100

HMP Wymott - Housing Advice and Resettlement
Joanne Almond 01772 44317

Accommodation on Release

If you need to find a home on your release from prison, you should begin your search as soon as possible. Although you have the right to apply to any housing provider they all have different rules as to who they will accept on their waiting lists. Some may even refuse your application due to the type of offence you have committed. Even if you are accepted onto a waiting list, the length of time you wait will depend on how many properties the association has available and the areas and type of accommodation you have chosen. It is better to start looking sooner rather than later.

The following is a list of housing associations/providers who offer accommodation within the Tameside area.

• Accent North West 0161 339 5752
• Arcon Housing Association 0161 214 4120
• AKSA Housing Association 0161 620 2992
• Anchor Housing Trust 01865 854 000
• Ashton Pioneer Homes 0161 343 8128
• English Churches Housing Group 0208 203 9233
• Fairfield Moravian Housing 0161 336 9479
• Guiness Northern Counties 0845 605 9000
• Harvest Response 0845 3450272
• Hanover Housing Association 01274 599686
• Housing 21 01274 744 190
• Johnnie Johnson Housing 01625 859999
• Longdendale Housing Society 0161 304 8309
• Mosscare Housing Ltd 0161 226 4211
• New Charter Housing Trust 0161 331 2000
• North British Housing 0845 604446
• Contour Housing 0161 745 4800
• Sanctuary Housing 01905 338 600
• Selhal Housing Ltd 0161 484 3232
• St Vincent 's Housing Association 0161 865 6565
• West Pennine Housing Association 0161 621 4100

Housing Options

The Housing Options Centre in Tameside can help you with all your housing problems and give you information on a wide range of issues including: homelessness and/or threatened homelessness.

Housing Options
119-125 Old Street, Ashton-under-Lyne OL6 7RL
0161 331 2700 0161 339 2146

Opening Times:

Monday, Tuesday, Wednesday: 8.30am - 4.30pm
Thursday: 8.30am - 4.00pm
Friday: 8.30am - 3.30pm

Other Useful Contacts

• Age Concern 0161 308 5000
• Alcohol and Drugs Service 0161 834 9777
• Citizens Advice Bureau 0161 330 2156
• Careers Office 0161 330 1528
• Creative Support Ltd 0161 236 0829
• Community Drug and Alcohol 0161 344 5365
• Connexions 0161 330 1528
• Direct Access for Men (M/cr connection) 0161 273 7316
• Direct Access for Women (M/cr connection) 0161 228 1294
• Mind Centre 0161 330 9223
• National Debt Line 0808 808 4000
• Housing Benefit (Tameside) 0161 342 3884
• Immigration Advice Service 0161 740 7722
• NHS Direct 0845 6064647
• New Charter Mediation 0161 237 3434
• Rape Crisis Helpline 0161 273 4500
• Relate: Marriage Guidance 0161 339 2573
• Rent Deposit Scheme (Tameside) 0161 331 2700
• Samaritans 0161 236 8000
• Shelter 0161 834 4809
• Tameside MBC 0161 342 8355
• Welfare Rights 0161 342 8355
• Domestic Violence Helpline 0161 839 8574