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end of custody licence payments further - Prison Service Instruction

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					                                                                                    Number
                                      Prison Service Instruction
                                                                                   51/2008


                                             END OF CUSTODY LICENCE (ECL)

                                                         PSO 6300 - ROTL

                              15 December 2008                             14 December 2009


CONTAINS MANDATORY INSTRUCTIONS

For Action                                     Monitored by

Governors, Directors and Controllers of        Area Managers, Office of National
Contracted prisons. Heads of Custody and       Commissioning
Finance departments.

For Information                                On authority of

All prison staff                               NOMS Management Board



Contact Point

See inside para. 10

Other Processes Affected

This PSI must be read in conjunction with PSI 42/2007.



NOTES

This PSI replaces PSI 21/2008 which is now revoked


                                                                            Issued 3/12/08
PSI 51/2008                                                                            Page 1


Prison Service Instruction

End of Custody Licence – Further extension to subsistence payments being made by DWP

Purpose and Output

1.     This PSI replaces PSI 21/2008 and introduces a further extension of the arrangement
       whereby DWP make subsistence payments to prisoners released on ECL to cover those
       spending 8 to 14 days on ECL in addition to those spending between 15 to 18 days on
       ECL. This will come into effect on 15th December 2008.

Mandatory action

2.     The change will mean that eligible prisoners spending 8 to 14 days on ECL will also be paid
       subsistence by DWP. Subject to meeting the eligibility requirements in paragraph 13.1 of
       PSI 42/2007, all prisoners aged 18 or over, who are released on ECL will receive
       subsistence payments in lieu of benefit payments, for which prisoners are ineligible until
       their formal release date.

3.     As set out below paragraph 9 onwards, the notification processes must now be followed for
       prisoners released on ECL for 8-18 days.

Resource and impact assessment

4.     Establishments will be required to notify Operational Policy Unit of prisoners being released
       for 8-18 days on ECL and who meet the eligibility requirements so that subsistence
       payments can be made by DWP. While this will mean an increase in the number of cases
       to be reported to OPU, there will be a corresponding decrease in the number of cases in
       which subsistence has to be paid locally. This should result in an overall reduction of the
       administrative burden on establishments.

Subsistence

5.     All prisoners who are released on ECL and meet the eligibility requirements in paragraph
       13.1 of PSI 42/2007 will receive payment of a discharge grant of £46 and weekly
       subsistence payments of £47.12. The total amount of subsistence payable will depend on
       the length of the period of ECL. Daily subsistence rates for periods of less than a full week
       are calculated at £7 per day.

6.     All prisoners released on ECL for fewer than 8 days will continue to be paid by the
       establishments.

7.     Prisoners released for a period of 8 to 18 days will be paid subsistence by DWP.

8.     Subsistence payments are in lieu of benefits payments, for which prisoners are ineligible
       until their formal release date. In order to reduce the likelihood of a finance gap, prisoners
       are advised to contact DWP as soon as the period of ECL comes to an end, irrespective of
       any outstanding ECL payments, to ensure they make any appropriate claim for benefits.




Order ref. 6300                                                                 Issue date 3/12/08
PSI 51/2008                                                                           Page 2


       Rates of payment examples:

       Prisoner A, who is to be released for the full ECL period of 18 days, would be eligible for a
       total payment of £168.24 made up as follows:

       Discharge grant:             £46.00
       Week one subsistence:        £47.12
       Week two subsistence:        £47.12
       4 days subsistence           £28.00
       Total:                      £168.24

       Prisoner B, who is to be released for a period of 15 days on ECL, would be eligible for a
       total payment of £147.24 made up as follows:


       Discharge grant:             £46.00
       Week one subsistence:        £47.12
       Week two subsistence:        £47.12
       1 days subsistence           £ 7.00
       Total:                      £147.24

       Prisoner C, who is to be released for a period of 10 days on ECL, would be eligible for a
       total payment of £114.12 made up as follows:

       Discharge grant:             £46.00
       Week one subsistence:        £47.12
       3 days subsistence           £21.00
       Total:                      £114.12



9.     The arrangements under which subsistence payments under the ECL scheme will be paid
       by direct to prisoners by prison establishments and DWP are as follows:-

       Prisoners spending less than 8 days on ECL

       Prisons will pay normal discharge grants and subsistence for prisoners being released
       under ECL for less than 8 days

       Prisoners spending a period of 8-18 days on ECL

       Prisons will only pay the normal discharge grant for prisoners being released under ECL for
       8 to 18 days. Subsistence payments will be paid by DWP. The Operational Policy Unit
       (OPU) must be informed of any prisoners being released on ECL for periods of 8 days and
       more so that this information can be passed to DWP using form ECL8 in Annex A.

       Notification must be received by OPU a minimum of three working days prior to discharge.
       Any notifications received after this stage may lead to the prisoner having to be paid
       subsistence locally as it will be too late to set up payments with DWP.

       OPU must be informed immediately of those prisoners serving the 8 to 18 days on ECL
       who have been recalled (irrespective of whether or not they have been returned to custody)
       so that DWP payments can be terminated.




Order ref. 6300                                                                Issue date 3/12/08
PSI 51/2008                                                                             Page 3


       Process prior to release

       An ECL 8 Form (Annex A) must be completed and emailed to ECL@hmps.gsi.gov.uk a
       minimum of three working days prior to discharge. This will ensure that DWP have the
       necessary data at least 7 working days before the first payment is required.

       Bank Details

       Direct payment into a bank account is by far the most secure and reliable way of paying
       subsistence. If the prisoner has a bank account, it is in their interest to provide the correct
       details of the account rather than asking for cheques to be sent to an address.

       Postcodes

       If a prisoner does not have a bank account it may be possible for DWP to send a Giro
       cheque to their release address. However, DWP will only pay by Giro cheque providing that
       a full postal address including postcode is provided.

       It is highly desirable that prisoners spending 8 days or more on ECL should receive their
       payments via DWP, and every effort should be made to obtain a post code, initially by
       asking the prisoner for this or by checking the Royal Mail Website.

       In all cases (either by bank transfer or Giro cheque) a full postal address including
       postcode is required by DWP for them to make the payments.

       Accommodation address

       Prisoners must reside and remain at the approved ECL address for the duration of their
       licence. All Giro cheques and remittance advice slips are sent to the release address
       provided. Any subsequent change of address must be approved by the Governor of the
       releasing prison. This information must then be emailed to OPU at the above address,
       clearly highlighting the change of address, so that DWP can be informed. A change of
       address without approval will put the prisoner in breach of their ECL licence.

       Prisons must inform the OPU with the new approved address by
       email ECL@hmps.gsi.gov.uk for those spending the 8 to 15 days on ECL

       Process for recall

       An ECL 9 Form (Annex B) must be completed and emailed to ECL@hmps.gsi.gov.uk as
       soon as the Governor has made the decision to recall the prisoner so that payments can
       then be terminated.

       Prisons must send both release and recall information to OPU at the above email address
       on a daily basis, only for those serving 8 to 18 days on ECL. Nil returns are not required.

       Governors are reminded that all ECL Forms containing personal information must be
       clearly marked PROTECT – PERSONAL.

10.    Contact points

       NOMS Sentencing Policy and Penalties Unit
       Junior Ogueri or Suleman Qureshi on 020 7035 4123/4128

       Email: Suleman.Qureshi8@homeoffice.gsi.gov.uk
              Chijioke.Ogueri@homeoffice.gsi.gov.uk

Order ref. 6300                                                                 Issue date 3/12/08
PSI 51/2008                                                                      Page 4

       Operational matters re payment of subsistence via DWP
       Operational Policy Unit
       Jonathan Vellacott 020 7217 2590 or Sarah Anderson 020 7217 6590

       DWP Contact Point
       Payment Policy - David Griffiths 02920 804 435
       Payment Related queries – Tanya Bedden 02920 804 367




       (signed)


Ian Poree
Director of Commissioning and Operational Policy




Order ref. 6300                                                           Issue date 3/12/08
PSI 51/2008                                                      Page 5



Form End of Custody Licence (ECL) 8


PROTECT - PERSONAL
NOTIFICATION TO HQ OF THOSE PRISONERS BEING RELEASED FOR BETWEEN 8 AND 18
DAYS ON END OF CUSTODY LICENCE (ECL)


FROM:

NAME ………………………………………………………………………………...

HMP …………………………………………………………………………………..

CONTACT E-MAIL/TEL NO ………………………………………………………..

ECL ACTUAL RELEASE DATE…………………………………………………...

ARD/CRD………………………………………………

HOW MANY DAYS IS THE PRISONERS BEING RELEASED ON ECL…………….

SURNAME …………………………………………………………………………

FORENAME ……………………………………………………………………….

DOB ………………………………………………

PRISON NUMBER ……………………………..

SENTENCE LENGTH………………………………………………………………..

CURRENT OFFENCE……………………………………………………………….

DISCHARGE ADDRESS .….………….………………………………………….
                   ….……………………………………………………..
                   ….……………………………………………………..
BANK DETAILS

Bank Name:

Name of Account Holder:

Account No:

Sort Code:




Order ref. 6300                                           Issue date 3/12/08
PSI 51/2008                                                     Page 6




Form End of Custody Licence (ECL) 9


PROTECT - PERSONAL

NOTIFICATION TO HQ OF THOSE PRISONERS RECALLED ON END OF CUSTODY LICENCE
(ECL)


FROM:

NAME ………………………………………………………………………………...

HMP …………………………………………………………………………………..

CONTACT E-MAIL/TEL NO ………………………………………………………..

ECL ACTUAL RELEASE DATE………………………………………………

ECL RECALL DATE ……………………………………………………………

ARD/CRD…………………………………………….

SURNAME …………………………………………………………………………

FORENAME ……………………………………………………………………….

DOB ……………………………

PRISON NUMBER ……………………………..

SENTENCE LENGTH………………………………………………………………..

CURRENT OFFENCE………………………………………………………………..

DISCHARGE ADDRESS ….………….………………………………………….
                  ….……………………………………………………....
                  ….………………………………………………………
                  ……………………………………………….…………
                  ….………………………………………………………




Order ref. 6300                                          Issue date 3/12/08

				
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