/ Prison Service Instruction
/ Number
03/2005
/ Discharge Grant
/ 2300
/ 01 March 2005 / / 28 February 2006
CONTAINS MANDATORY INSTRUCTIONS
For Action / Monitored by
Area Managers, Governing Governors,
Heads of Group/Units, Area Accountants,
Heads of Finance, Discipline and Discharge Staff,
Directors of contracted-out prisons / Area Managers, Governing Governors,
Heads of Group/Units, Area Accountants,
Heads of Finance, Prison Service monitors
in contracted -out prisons.
For Information / On authority of
All Prison Staff
(Reference to Governors should be taken
to include Directors of Contracted-out Prisons). / Prison Service Management Board

Contact Point

Clare Pope, Custody to Work Unit – Tel: 020 8760 1706
Sijuola Anibaba, Custody to Work Unit – Tel: 020 8760 1803
Other Processes Affected
None

PSO 03/2005Page 1

NOTES
This PSI replaces IG71/95, Standing Order 11, Circular Instruction 7/1980, and Circular Instruction 19/1988
Issued / 27/01/05

NEW RATE OF DISCHARGE GRANT:

PURPOSE

The consultation paper on the proposed changes to the Discharge Grant was sent to all establishments in the public and private sectors, to other policy groups, and to a number of voluntary sector organisations.

All respondees agreed that there is a need to rationalise the payment of the Discharge Grant, and to abolish the current ‘higher’ rate.

This PSI replaces IG 71/95, Standing Order 11, Circular Instruction 7/1980, and Circular Instruction 19/1988. ELO’s must take the necessary steps to remove these documents from circulation.

POLICY AND OUTPUT

1.Prisoners aged 18 and over - £46

  • All eligible prisoners aged 18 or over sentenced to a custodial sentence of more than 14 days will be given a Discharge Grant of £46.
  • At the Governor’s discretion, an additional payment of up to £50 may be paid directly to a genuine accommodation provider to help the prisoner secure a release address. The payment must not be made to the prisoner or to a friend or relative of the prisoner.
  • The establishment must ask for confirmation of the address by way of a letter, fax or email on headed paper. In the case of private landlords, who may not be able to provide this, the establishment should satisfy themselves that the accommodation is genuine, for example, by checking reception addresses, correspondence and visits sheets to ensure that the address is not that of a friend or relative, or by a telephone call.
  • This payment must only be made where there is no alternative; where the prisoner does not possess the resources him/herself; and where the establishment has not been able to link up with a rent deposit scheme. Any discretionary accommodation payments made must be met from within local budget.

2.Prisoners in the following categories are NOT eligible for a Discharge Grant:

  • Those serving a custodial sentence of 14 days or less
  • Those recalled from licence to prison for a period of 14 days or less
  • Licence recalls who were on licence for 14 days or less before recall
  • Those awaiting deportation or removal from the United Kingdom
  • Those traveling to an address outside the United Kingdom. For the purpose of paying the Discharge Grant, the Channel Islands, the Isle of Man and the Republic of Ireland are included within the United Kingdom
  • Those being discharged to a hospital under a Mental Health Act Section Order
  • Fine defaulters and those held on further remand warrants. Convicted offenders who have completed their sentence and who qualify for a grant but remain in custody in default of payment of a fine or remanded on further charges, will receive the grant on their final release
  • Civil prisoners, as defined in PSO 4600
  • Those aged under 18 at the time of release
  • Unconvicted prisoners
  • Sentenced prisoners who are known to have in excess of £8,000 in savings (and would therefore be ineligible for Income Support under the relevant regulations)
  • Stage 2 resettlement regime prisoners undertaking paid work in the community. This will not apply to those carrying out unpaid community work, those attending education or training or those whose paid employment ceases through no fault of their own 14 days or more prior to discharge.

MANDATORY ACTION

3.Applications for the discretionary accommodation payment

3.1At least four weeks before the date of discharge, or sooner if this may help to secure accommodation for release, F1793 must be issued to prisoners who wish to apply for a discretionary accommodation payment to help secure accommodation on release. The Governor, or a nominated representative must make appropriate arrangements for the completed form to be considered.

3.2Payment of the discretionary amount must not be approved if there is reason to believe that the applicant’s statements on Form 1793 are no longer accurate. Where practicable, authorisation for payment must be completed one week before discharge, and arrangements made to forward the payment to the housing provider. The prisoner, where appropriate the recommending officer, and the housing provider must be notified that the discretionary accommodation payment has been made. The F1793 must indicate that the prisoner received the Discharge Grant and that a discretionary accommodation payment (with the amount stated) was also made.

3.3The total amount issued must be entered on Form 405 and debited to the subhead, “Aid on discharge”. Form 1793 must be filed in the prisoner’s record.

3.4Under no circumstances must any discretionary accommodation payment be made directly to the prisoner or be issued for any reason other than to secure accommodation on release.

4.Recovery of Discretionary Accommodation Payment

4.1When it is known that an offender does not go to the address which has been secured for him/her, efforts must be made to recover the discretionary accommodation payment. However, attempting this more than three times is not cost effective, and therefore the payment may be written off.

5.Form B79

5.1.1Form B79 must be issued to all prisoners with the exception of those prisoners who have employment on release. The form introduces a prisoner to Jobcentre Plus and assists assessment for applications for crisis loans and claims for benefit. (See reverse of B79 for further information).

RESOURCE IMPLICATIONS

Additional funding for the discretionary accommodation payment will not be available. Prisoners who qualify for the discretionary accommodation payment would have otherwise been entitled to the higher rate NFA grant under the current guidelines. The funding will come from that section of the budget that is currently being used by prisons to pay for the higher rate Discharge Grant .

6.Additional information

6.1Discharge to a hospital under the Mental Health Act:

Prisoners discharged to a hospital under the Mental Health Act will not be eligible for the Discharge Grant or a discretionary accommodation payment unless they are later returned to prison and then discharged.

6.2Prisoners who are in hospital as an in-patient for any other reason at the time of discharge will be eligible for the Discharge Grant provided they meet the normal eligibility criteria.

6.3Appellants discharged from the Crown Court or Higher Court:

A prisoner discharged from court after a sentence has been quashed or reduced on appeal is eligible to receive a Discharge Grant provided he/she has served at least half of any sentence longer than 14 days. Governors must make arrangements for the Discharge Grant to be taken to the Appeal Court with the prisoner, and to be issued to the prisoner by the Escort Contractor if the appeal is successful. These prisoners will not be eligible for the discretionary accommodation payment.

6.4Remand prisoners:

Prisoners discharged at court or from prison after a period of custody on remand are not eligible for a Discharge Grant.

6.5Sentenced prisoners discharged from court: Eligibility for the Discharge Grant is restricted to prisoners sentenced to a custodial sentence of more than 14 days but whose time spent on remand leads to an immediate release from court or custody. Under these circumstances the Prisoner Escort Contractor is responsible for issuing the Discharge Grant and travel warrant, and for reclaiming the amount from the Prison Service.

6.6A Discharge Grant must not be paid to prisoners at the end of a sentence when they are kept in custody on remand or for other reasons. These prisoners will receive the grant on final release.

6.7Travel:

Every prisoner being discharged, regardless of whether or not they receive a Discharge Grant must be issued with a travel warrant, or payment of fares where a warrant is inappropriate, to their destination within the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

6.8Licence recalls:

Prisoners under licence who are recalled to prison are eligible for a Discharge Grant and for consideration for a discretionary accommodation payment when both the period on licence, and the recall period are more than 14 days.

6.9Special hardship:

Any case of special hardship involving a prisoner who has not been paid a Discharge Grant must be referred to the prisoner’s local Jobcentre Plus office by the prison, probation staff or seconded Jobcentre Plus staff. If circumstances allow, an appointment for the prisoner must be made with the Jobcentre Plus office in advance.

Further Information:

Further information on the New Discharge Grant can be obtained from:

Clare Pope, Custody to Work Unit – Tel: 020 8760 1706

or

Sijuola Anibaba, Custody to Work Unit – Tel: 020 8760 1803

(signed)

Peter Wrench

Director of Resettlement

Order ref.2300Issued 27/01/05