Legal Aid, Sentencing and Punishment of Offenders Bill

156A: After Clause 121, insert the following new Clause— ““Benefits payments to prisoners (1) Regulations shall provide that a person undergoing imprisonment or detention in legal custody who, at the time that imprisonment or custody commences, is in receipt of any of the qualifying benefits, shall be assessed, during his or her time in imprisonment or custody, for eligibility for those benefits at the time of his or her imprisonment or custody. (2) For the purposes of this section, the qualifying benefits are— (a) universal credit; (b) income support; (c) personal independence payment, to the extent provided for in regulations made under section 84 (prisoners) of the Welfare reform Act 2012; and (d) any other benefits provided for in regulations made under this section. (3) Regulations made under this section shall provide that the assessment required under subsection (1) shall commence as soon as a person is received into imprisonment or custody. (4) Regulations shall in particular provide that a person appointed by the Secretary of State shall record, at the time a person is received into imprisonment or custody, details of any qualifying benefits which are in payment at that time, together with any personal information needed to establish the person's identity, including but not limited to their national insurance number. (5) An assessment of eligibility under subsection (1) shall be completed in such time as to ensure that the person assessed receives payment of any benefits for which he is assessed as being eligible no later than one week after his release from imprisonment or custody. (6) Regulations under this section shall be made by the Secretary of State and shall be subject to the affirmative resolution procedure.””