Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision for individuals on temporary release from prison due to the outbreak of COVID-19 in Great Britain to access means tested benefits during the period of that release.
Regulation 2 requires the definition of prisoner in various means tested benefits to be read so that individuals temporarily released from a prison in England and Wales are no longer included within that definition. This means those individuals will be entitled to make a claim, or their presence in a household claiming means tested benefits will be taken into account in calculating entitlement.
Regulation 3 enables a person temporarily released from a prison in England and Wales to be included as a member of a claimant's household in a number of means tested benefits.
Regulation 4 enables a person temporarily released from a prison in England and Wales to be treated as available for employment in a claim for jobseeker's allowance.
Regulation 5 provides entitlement to housing benefit for individuals temporarily released from a prison in England and Wales.
Under regulation 6 the Secretary of State must keep the operation of the Regulations under review. Regulations 2 to 5 expire on the same day as the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 (S.I. 2020/289) and the Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.