Questioner: Patrick Grady (SNP - Glasgow North)
Question
To ask the Secretary of State for the Home Department, what progress she has made with the Windrush Compensation Scheme; and if she will make a statement.
Answered by Kevin Foster
We publish information on the total number of claims submitted, claims paid, and the overall amount paid out by the Windrush Compensation Scheme on a monthly basis. The latest set of data can be found at:
www.gov.uk/government/publications/windrush-compensation-scheme-data-october-2021
We are processing claims as quickly as possible, but all claims are different, and the time taken will depend on many factors, including the complexity of the case. Wherever possible, we will make a preliminary payment as soon as someone applying on their own behalf, or on behalf of someone who has sadly passed away, can show any impact on their life under the terms of the Scheme. Individuals do not have to wait for their whole application to be assessed in order to receive a preliminary payment.
We have taken steps to encourage more people to submit a claim and to help those who already have. We have removed the end date of the Scheme to ensure no one is prevented from making a claim if they are eligible. We have also launched a package of support to help those making, or who have already made, claims on behalf of a relative who has passed away to obtain the legal documentation required to process their claims. In addition, we have published a redesigned primary claim form which is easier for people to complete, and refreshed casework guidance which sets out clearly how caseworkers should apply the balance of probabilities and go about gathering evidence, with the aim of reducing the time taken to process claims and improving peoples’ experiences of applying to the Scheme.
We are also continuing to work extensively with communities and stakeholders to raise awareness of the Scheme and encourage affected individuals to apply. Since the launch of the Scheme we have attended or hosted approximately 200 outreach and engagement events, and in 2020 we carried out a national communications campaign to make sure those most affected around the UK are aware of the support available to them and how to apply. In addition, the £500,000 Windrush Schemes Community Fund provides for grassroots organisations and community groups to run their own outreach, promotional and support activity.
Questioner: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question
To ask Her Majesty's Government what plans they have to enable those pursuing claims through the Windrush Compensation Scheme to receive legal aid.
Answered by Lord Wolfson of Tredegar
The government has noted the recommendation of the Home Affairs Select Committee to consider the provision of specialist legal advice for applicants to the Windrush Compensation Scheme, potentially funded through legal aid. While we have no existing plans to expand the scope of the legal aid scheme to cover the Windrush Compensation Scheme, we will consider the recommendation in full and respond to the Home Affairs Select Committee in due course.
Questioner: Ruth Jones (LAB - Newport West)
Question
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, whether the Government has discussed the Windrush Compensation Scheme with Prime Minister Holness of Jamaica.
Answered by Wendy Morton
This Government is resolute in our determination to see that members of the Windrush generation receive in full the compensation that they are entitled to.
The Caribbean Heads of Mission Quarterly meeting, which is attended by the High Commissioner for Jamaica, H.E. Seth G. Ramocan, and chaired by the relevant Minister from the Foreign, Commonwealth and Development Office, receive updates on the Windrush Compensation Scheme and wider Windrush issues. Windrush Compensation Scheme statistics are also shared with Caribbean officials on a monthly basis to ensure they have the latest information on the Scheme.
Questioner: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question
To ask Her Majesty's Government what plans they have to withdraw the responsibility for the Windrush Compensation Scheme from the Home Office and give the responsibility to an independent body.
Answered by Baroness Williams of Trafford
Moving the operation of the Scheme from the Home Office would risk significantly delaying payments to people.
Since the changes we made to the Scheme in December, the amount of compensation paid has risen from less than £3 million to over £31.6 million, with a further £5.6 million having been offered, and there is no cap on the amount of compensation we will pay out.
The compensation scheme continues to be subject to robust internal scrutiny and regular scrutiny from external stakeholders.
Questioner: Ruth Jones (LAB - Newport West)
Question
To ask the Secretary of State for the Home Department, how many people eligible for the Windrush Compensation Scheme have died before being compensated as of 24 November 2021.
Answered by Priti Patel
It is very regrettable that a claimant passes away before a compensation award can be made or an apology sent to them.
The Windrush Compensation Scheme staff are working hard to ensure that where they are aware of claimants with critical or life shortening illnesses, that their cases are prioritised.
In the deeply unfortunate circumstances where a claimant has passed away after submitting a compensation claim, but before the claim is fully resolved, the team continues to work closely with the appointed representative, usually members of the family, to ensure the compensation payment is made as quickly as possible to that family member.
Out of the 3022 applications made to the Windrush Compensation Scheme, we are aware of 24 cases to date where unfortunately the claimant has passed away after having submitted a claim but before receiving compensation. We are working closely with the families and legal representatives to determine the right person to whom the compensation can be paid as quickly as possible.
It must be noted that this data is manually recorded and is reliant on the person receiving the information on an applicant notifying the Windrush Compensation Scheme to record this information. The data isn’t recorded in a reportable field in the casework system.
Questioner: Ruth Jones (LAB - Newport West)
Question
To ask the Secretary of State for the Home Department, when she last discussed the Windrush Compensation Scheme with the Welsh Government.
Answered by Priti Patel
Home Office officials wrote to the Devolved Administrations, including the Welsh Government, to inform them of significant changes we made to the Windrush Compensation Scheme in December. We have also engaged with the Welsh Government to encourage the promotion of engagement events we have held in Swansea, Newport and Cardiff.
We have also raised awareness of the Windrush Schemes in Wales. Our national advertising campaign, launched in August 2020, included radio stations, digital channels and local press in Wales. Campaign materials were also made available in Welsh.
In addition, the Windrush Community Fund, which is a £500k fund to promote awareness of Windrush Schemes to affected communities, was promoted across the UK, including in Wales. We are delighted to have awarded over £24,000 in funding to Butetown Community Association who are a longstanding organisation in Cardiff, to deliver a series of engaging projects to reach their local communities.
Questioner: Ruth Jones (LAB - Newport West)
Question
To ask the Secretary of State for the Home Department, how many and what proportion of eligible claimants have applied to the Windrush compensation scheme.
Answered by Priti Patel
The Home Office publishes data relating to the Windrush Compensation Scheme on a quarterly basis. This data is available at: Windrush Compensation Scheme data: October 2021.
In July, the Home Office announced it had updated its planning assumption of the number of eligible claims it was likely to receive. The department’s current planning assumption is that it will receive between 4000-6000 eligible claims.
Questioner: Ruth Jones (LAB - Newport West)
Question
To ask the Secretary of State for Wales, what recent discussions he has had with the Welsh Government on the Windrush Compensation Scheme.
Answered by Simon Hart
UK Government is in regular engagement with the Welsh Government on a wide range of subjects, including the Windrush Compensation Scheme.
Home Office officials wrote to the Devolved Administrations, including the Welsh Government, to inform them of significant changes we made to the Windrush Compensation Scheme in December. Home Office officials have also engaged with the Welsh Government to encourage the promotion of engagement events the UK Government has held in Swansea, Newport and Cardiff.
The Government also raised awareness of the Windrush Schemes through the national advertising campaign, launched in August 2020, which included radio stations, digital channels and local press in Wales. Campaign materials were also made available in Welsh.
In addition, the Windrush Community Fund, which is a £500k fund to promote awareness of Windrush Schemes to affected communities, was promoted across the UK, including in Wales. The UK Government awarded over £24,000 in funding to Butetown Community Association who are a longstanding organisation in Cardiff, to deliver a series of projects to reach their local communities.
Questioner: Yvette Cooper (LAB - Normanton, Pontefract and Castleford)
Question
To ask the Secretary of State for the Home Department, with reference to her letter provided to the Home Affairs Committee on 28 April 2020, what percentage of requests for an Urgent and Exceptional Payment submitted from 1 October 2018 up to 31 August 2021 were concluded within ten working days of receipt.
Answered by Priti Patel
In December 2018, the Home Office established an Urgent and Exceptional Payments process for those members of the Windrush generation who had an urgent and exceptional need in advance of the Windrush Compensation Scheme. The process remains open for those who need it.
191 requests were received from 1 October 2018 up to 31 August 2021. 10% of these requests were decided within 10 working days of receipt. We treat requests for urgent and exceptional support as a high priority and aim to advise applicants of the outcome of their request within 10 working days, and sooner wherever possible. In addition, we aim to make payments within 14 days of a request for support.
Unfortunately, however, it is not always possible to make a decision within 10 days of a request for support, as we need to work with individuals in order to understand the reasons for their request and gather relevant information. Our support in Urgent and Exceptional Circumstances policy was updated in February 2021, in order to make clear to applicants the information that they can provide in order to help us to consider a request as quickly as possible.
We recommend that individuals consider the guide before making a request to us, and if possible, locate any relevant documents ready to share with the Help Team.
Questioner: Yvette Cooper (LAB - Normanton, Pontefract and Castleford)
Question
To ask the Secretary of State for the Home Department, pursuant to her Answer of 15 April 2021 to Question 179171, on Windrush Generation: Compensation, what was the average number of calendar days from the date a claim was received to a full and final payment date, as at 31 August 2021.
Answered by Priti Patel
The average number of calendar days from the date a claim was received to a full and final value or zero entitlement offer being made is 454, at 31 August 2021.
We continue to work at pace to process the claims we have received. All primary and deceased estate claims will have been considered for a preliminary payment of £10,000 within 6 weeks of eligibility being confirmed under the terms of the Scheme.
A preliminary payment is offered as soon as we receive the minimum level of information required to show that they will be entitled to compensation under the Scheme. Some individuals whose claims remain outstanding may also have received an urgent and exceptional payment. Such payments remain available for those who have an urgent and exceptional need that cannot wait for a payment to be made under the Windrush Compensation Scheme.
Questioner: Yvette Cooper (LAB - Normanton, Pontefract and Castleford)
Question
To ask the Secretary of State for the Home Department, pursuant to her Answer of 29 April 2021 to Question 183169, on Windrush Generation: Compensation, what estimate she has made of the number of applications to the Windrush Compensation Scheme that remain outstanding more than (a) two years, (b) 18 months and (c) 12 months after the applicants first submitted those applications.
Answered by Priti Patel
The number of cases being worked through the Windrush Compensation Scheme as of 30th September are 1709. Of these
We continue to process the claims we receive as quickly as possible. Claims are taking longer to resolve than originally anticipated however there are 13 categories and each person’s experiences are different. We must ensure these are considered and understood carefully so we can offer people the maximum compensation to which they are entitled.
This holistic approach takes time but is ultimately beneficial to individuals. We are, however, committed to reducing the time between submission and decision significantly over the coming months.
Since April 2019, the Scheme has paid or offered £36.2 million. Of this, more than £30.6 million has been accepted and paid. Data on the number of claims received and the number of payments made is published as part of the regular transparency data release which can be found here: https://www.gov.uk/government/publications/windrush-compensation-scheme-data-september-2021
Questioner: Sarah Jones (LAB - Croydon Central)
Question
To ask the Secretary of State for the Home Department, whether money allocated to people under the Windrush Compensation Scheme is exempted from consideration in means tested financial assessments.
Answered by Damian Hinds
Payments made under the Windrush Compensation Scheme are disregarded in the calculation of Universal Credit and other DWP means-tested benefits.
This means that the money paid to claimants in compensation will not be taken into account when eligibility for these benefits is assessed.
Questioner: Sarah Jones (LAB - Croydon Central)
Question
To ask the Secretary of State for Health and Social Care, whether money allocated to people under the Windrush Compensation Scheme is exempted from consideration in means testing for social care.
Answered by Gillian Keegan
Where a local authority charges a person for their care and support, they may take most of the income and benefits people receive into account when determining how much they should pay. This is unless it is specifically required to be disregarded by The Care and Support (Charging and Assessment of Resources) Regulations 2014 or the associated statutory guidance. The Windrush Compensation Scheme is not currently disregarded, although we are keeping this under active review.
Questioner: Karin Smyth (LAB - Bristol South)
Question
To ask the Secretary of State for the Home Department, by which date applicants to the Windrush Compensation Scheme will have received their final decision letter.
Answered by Priti Patel
We cannot provide a specific timeframe by when claimants will receive their final decisions.
Questioner: Yvette Cooper (LAB - Normanton, Pontefract and Castleford)
Question
To ask the Secretary of State for the Home Department, with reference to her letter to the Home Affairs Committee of 16 February 2021, in how many instances a claimant to the Windrush Compensation Scheme has had their compensation award reduced or declined on the basis of previous criminality.
Answered by Priti Patel
Fewer than 10 claimants have had their compensation award for Impact on Life declined or reduced because of previous criminality.
All decisions to withhold or reduce compensation for Impact on Life due to previous criminality are signed off by Ministers.