Windrush Compensation Scheme Overview

The Scheme Rules are being amended to make the Scheme more generous and, where able, award for losses which were not previously included within the Scheme’s rules.


The changes have been made following feedback from our customers and stakeholders including the Home Affairs Select Committee (HASC), Independent Adjudicator Office, Independent Person, Community Groups and JUSTICE.


We will write to all customers affected in due course explaining how the changes may affect their claim. This will include all cases which are currently under consideration and those cases previously concluded. We are applying the changes retrospectively.

The Windrush Compensation Scheme changes were published on 22 August 2022.


The Home Office will start contacting those affected in August 2022.


Homelessness


The Homelessness category is designed to compensate individuals who suffered homelessness as a result of an inability to demonstrate lawful status. Affected persons are awarded £250 per month of homelessness suffered.

Previously, affected persons were only able to receive awards under this category if they became homeless due to an inability to demonstrate lawful status. The Homelessness category has been expanded to allow for awards to be made to people who were and have continued to be homeless due to an inability to demonstrate lawful status.


We have removed the requirement for a person’s health to have been adversely affected as a result of staying in poor conditions in order for them to have been considered homeless. Other changes to the Homelessness category include the removal of the cap so that every person is compensated for the full period they were homeless. We have clarified that homelessness overseas can be considered under the Windrush Compensation Scheme.


Close Family Members


Close Family Member claims are designed to compensate partners, children, parents, or siblings of Primary Claimants.

Previously, close family members could claim under the Immigration and Legal Fees, Impact on Life and Discretionary categories. A fourth category of ‘Living Costs’ has been added to the Scheme. This category aims to compensate close family members for certain contributions to a primary claimant’s living costs resulting


following the primary claimant’s loss of access to employment or benefits due to an inability to demonstrate lawful status.

The Impact on Life category has also been expanded so that close family members can receive Level 1 Impact on Life awards. This means that every close family member who experienced an impact will receive at least £10,000 in compensation.


We are also introducing preliminary payments for close family members which means that those who meet the minimum criteria will receive part of their award more quickly.


Top Lines

Homelessness

On 22 August 2022 the Home Office announced some important changes to the Windrush Compensation Scheme. These changes will ensure those impacted receive the maximum amount of compensation we can award.


We have made changes to the Homelessness category. We have expanded the ways in which awards can be made. This includes people who experienced homelessness overseas and those who continued to be homeless due to an inability to demonstrate lawful status.


We have also removed the cap on homelessness awards. This means people will be compensated for the actual period they were homeless.


We write to all those affected in the coming weeks and explain what the changes mean for them.


Close Family Members


On 22 August 2022 the Home Office announced some important changes to the Windrush Compensation Scheme. These changes will ensure those impacted receive the maximum amount of compensation that can be awarded, more quickly.


One of the key changes include the introduction of a new ‘Living Costs’ category for Close Family Member claims. This means people can now be compensated for additional living costs that were paid to, or on behalf of, the primary claimant.


Another key change is that close family members now can now be considered for a Level 1 Impact on Life award. We have also introduced preliminary payments of £10,000 for close family members who meet the minimum requirements for an award.


We write to all those affected in the coming weeks and explain what the changes mean for them.


Fact Sheet


Following feedback from stakeholders, members of the Windrush generation, community leaders and those affected, we are making improvements to the Scheme. We are:

·         Expanding the Homelessness category to include those who continued to be homeless due to an inability to demonstrate lawful status.

·         Removing the cap on homelessness awards so individuals are compensated for the full period of time they were homeless.

·         Clarifying that individuals that experienced homelessness overseas can be compensated under the Scheme.

·         Introducing a new Living Costs category for Close Family Member claims which compensates for certain costs paid to a Primary Claimant who lost access to employment or benefits.

·         Introducing Level 1 Impact on Life award for Close Family Member claims which means that every person who has suffered and impact will receive a minimum £10,000 payment.

·         Introducing preliminary payments for Close Family Member claims so that individuals will receive a proportion of their award more quickly.

All changes will be applied retrospectively. We will start contacting those affected shortly.