# The Social Security (Coronavirus) (Prisoners) Regulations 2020 S.I. 2020/409 · made 7 April 2020 · revised to 12 May 2021 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. PDFs: Printed copy https://openlegislation.uk/social-security-coronavirus-prisoners-regulations-2020/pdf/uksi_20200409_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/social-security-coronavirus-prisoners-regulations-2020/pdf/uksiem_20200409_en.pdf ## Introductory text Social Security Made at 10.23 a.m. on 7th April 2020 Laid before Parliament at 3.00 p.m. on 7th April 2020 Coming into force 8th April 2020 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 124, 130, 135(1), 137(1) and (2)(h) and (l), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 4(5) and (12), 6(4), 7(4), 35 and 36(2) and (4) of, and paragraph 12 of Schedule 1 to, the Jobseekers Act 1995 , sections 2(3), (4), (6) and (9), 3(8) and 17(1) and (2)(a) of the State Pension Credit Act 2002 , sections 4(2) and (3), 24(1) and 25(2), (3) and (5) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act 2007 and sections 2(2), 6(1), 8(1), 40, 42(1) to (3) of, and paragraph 5(1) of Schedule 1 to, the Welfare Reform Act 2012 . In accordance with section 173(1)(a) of the Social Security Administration Act 1992 , it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee. In accordance with section 176(2)(a) of the Social Security Administration Act 1992 it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to consult with representative bodies. ## 1 Citation and commencement These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations 2020 and come into force on 8th April 2020. ## 1A Interpretation In these Regulations “coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)). ## 2 Income Support, Jobseeker's Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner (1) Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the Regulations in paragraph (2) are to be read as if the definition of “prisoner” did not include a person on temporary release in accordance with the provisions of the Prison Act 1952. (2) The Regulations are— (a) the Income Support (General) Regulations 1987 ; (b) the Jobseeker's Allowance Regulations 1996 ; (c) the State Pension Credit Regulations 2002 ; (d) the Employment and Support Allowance Regulations 2008 ; and (e) the Universal Credit Regulations 2013 . ## 3 Income Support, Jobseeker's Allowance, State Pension Credit and Employment and Support Allowance – persons treated as being or not being members of the same household (1) Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the following provisions are to be read as if the words “the Prison Act 1952 or” were omitted— (a) regulation 16(3)(b)(ii) of the Income Support (General) Regulations 1987 ; (b) regulation 5(1)(c)(iii) of the State Pension Credit Regulations 2002; and (c) regulation 156(4)(b)(ii) of the Employment and Support Allowance Regulations 2008. (2) Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, regulation 78(3)(b)(ii) of the Jobseeker's Allowance Regulations 1996 is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted. ## 4 Jobseeker's Allowance – availability for employment Where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, regulation 15(1)(b) of the Jobseeker's Allowance Regulations 1996 is to be read as if the words “the provisions of the Prison Act 1952 or” were omitted. ## 5 Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home For the purposes of entitlement to housing benefit, where the Secretary of State is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Secretary of State determines, the following provisions are to be read as if the words “the Prison Act 1952 or” were omitted— (a) regulation 7(14) of the Housing Benefit Regulations 2006 ; and (b) regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 . ## 6 Expiry (1) The Secretary of State must keep the operation of these Regulations under review. (2) These Regulations cease to have effect on 31st August 2021. ## Signature Signed by the authority of the Secretary of State for Work and Pensions Will Quince Minister for Welfare Delivery Department for Work and Pensions ## 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. --- Source: https://www.legislation.gov.uk/uksi/2020/409 (the official version) Page: https://openlegislation.uk/social-security-coronavirus-prisoners-regulations-2020 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.