David Levy and his colleague visited the Windrush Cymru Elders at their Thursday session on 27 June 2019 to talk through options and process of the current Windrush Compensation scheme in place with the Home Office.
David and his team are at hand to support applications and the dedicated taskforce is available to speak to
For more information or to sign up for email updates on announcements relating to Commonwealth Citizens, visit gov.uk/windrush
Who can claim?
The individuals who are eligible to claim largely mirrors the categories of people able to apply for documents under the Windrush scheme, and will include almost everyone originally from a Commonwealth country who arrived in the UK before 1 January 1973. In addition, as stated on GOV.UK:
If you have a right of abode or settled status (or are now a British citizen) and arrived to live in the UK before 31 December 1988 you will also be eligible to apply regardless of your nationality when you arrived – even if you are not a Commonwealth citizen
Importantly, the Scheme is also open to:
children and grandchildren of Commonwealth citizens in certain circumstances
the estates of those who are now deceased but who would have otherwise been eligible to claim compensation
close family members of eligible claimants where there has been a significant impact on their life or where there is evidence of certain direct financial costs
What will claimants receive?
Successful claimants can expect (i) an apology and (ii) financial compensation.
The amount individuals can claim will be decided on a case by case basis, according to guidance set out in the Scheme rules.
Eligible individuals can claim under a number of different categories listed as follows:
Home Office and legal fees (in narrow circumstances)
Detention, removal and deportation
Loss of access to employment
Loss of access to benefits
Inability to access services: housing, health, education, driving licences and banking
Impact on life
In relation to each of these categories there is an appendix with specific guidance on how much can be claimed and in what circumstances.
For example, for an individual who was wrongly deported, the Home Office guidance confirms in Appendix C that it will pay a fixed amount of £10,000 in relation to this.
A person who was unable to access housing services can claim £1,000 as confirmed in Annex F. A person who is detained will be able to claim for an amount worked out based on the length of the detention.
Compensation for these events will not necessarily limit an individual’s ability to make claims on other grounds (e.g. losing a job as a result — see Appendix D — or for the general impact this had on the individual’s life — see Appendix H).
Claimants will be expected to provide evidence of any losses suffered.