Source · Select Committees · Home Affairs Committee
Recommendation 48
48
Acknowledged
Paragraph: 175
Unclear how Windrush 'impact on life' compensation is determined and relies on inaccessible evidence.
Conclusion
We welcome the increase in compensation that is available for impact on life; however, we have not yet seen evidence that the new tariff has addressed the underlying concerns about how this category of claim operates. There is a lack of clarity as The Windrush Compensation Scheme 95 to how the level of compensation for impact on life is decided and how impacts are considered at each tariff level. We are also concerned that the determination of these awards is heavily dependent upon evidence which is difficult for claimants to obtain, such as the use of medical evidence to determine the severity of impacts suffered.
Government Response Summary
The government describes the 'Impact on Life' compensation category, detailing its 5 levels of payment ranging from £10,000 to over £100,000 for non-financial impacts, and refers to publicly available casework guidance.
Paragraph Reference:
175
Government Response
Acknowledged
HM Government
Acknowledged
The ‘Impact on Life’ category is specifically designed to cover the non-financial impacts individuals may have faced as a result of being unable to demonstrate their lawful status, including a deterioration in physical or mental health. This category is awarded in a series of levels with payments ranging from £10,000 for detriment where the effect on an individual was short-lived, and up to £100,000 plus where the effect on an individual was profound and likely to be irreversible. Under the changes we made to the Scheme in December, those eligible under the terms of the Scheme will receive a minimum Impact on Life payment of £10,000. Compensation under this category is awarded in a series of 5 levels recognising increasing duration and severity of impacts. Casework guidance is publicly available which defines how Impact on Life awards are considered: Windrush Compensation Scheme (publishing.service.gov.uk)