Source · Select Committees · Home Affairs Committee
Recommendation 67
67
Accepted in Part
Explain award determination for individuals unable to return to UK and introduce specific tariff payment.
Recommendation
We call on the Home Office to explain how awards across all categories of claim are determined for individuals who were unable to return to the UK, including those unable to return for multiple decades, and to introduce a tariff payment specifically to compensate individuals who were unable to return to the UK. (Paragraph 219) Mitigation of loss
Government Response Summary
The government explained that awards for individuals unable to return to the UK are determined using existing scheme rules and guidance, primarily through the Impact on Life category, and confirmed such compensation has been paid. However, it did not commit to introducing a specific tariff payment for these individuals.
Government Response
Accepted in Part
HM Government
Accepted in Part
The basis for deciding awards under each category of the Scheme is set out in the Compensation Scheme rules and in the accompanying casework guidance. The published rules and guidance are applied to all cases; there is not a separate set of rules and guidance covering cases where an individual was wrongly prevented from returning to the UK. Individuals who were wrongly prevented from returning to the UK may claim compensation, and we have paid compensation to individuals on this basis. Where an individual was wrongly prevented from returning to the UK, they will be entitled to an award under the Impact on Life category which reflects the severity of the impact that may have had on their life. There may also be an entitlement to compensation under the various other categories, however this will depend on the circumstances of each individual case.