Prisoners on temporary release

Amendments to the Universal Credit Regulations 2013 (SI.No.376/2013), to enable individuals on temporary release from prison due to COVID-19 to establish entitlement, are set out in the Social Security (Coronavirus) (Prisoners) Regulations 2020 (SI.No.409/2020).

NB: See below for equivalent legislation in Northern Ireland.

Definition of prisoner

SI.No.409/2020

​Amends the definition of prisoner to enable individuals on temporary release from prison due to COVID-19 to access universal credit during the period of that release.

SR.No.63/2020 makes provision in Northern Ireland equivalent to that in Great Britain in relation to the treatment of prisoners on temporary release.

Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.

Advice for decision making

ADM Memo 05/20

​Advises that prisoners on temporary release due to COVID-19 can access universal credit.

We’re not aware of any case law relating to this issue.