Windrush: Justice delayed

Four years after the Windrush scandal first emerged, the Home Affairs Committee has found that the vast majority of people who applied for compensation have yet to receive a penny.

The report published today concludes that instead of providing a remedy, for many people the Windrush Compensation Scheme has actually compounded the injustices faced as a result of the Windrush Scandal.

As of the end of September, only 20% of the initially estimated 15,000 eligible claimants had applied to the scheme and only 5% had received compensation. Twenty three individuals have died before they received any compensation for the hardship they endured at the hands of the Home Office.

The Committee found a litany of flaws in the design and operation of the scheme including an excessive burden on claimants to provide documentary evidence of losses, long delays in processing, poor communication and inadequate staffing.

The report concludes that it is a damning indictment of the Home Office that the design and operation of the Compensation Scheme contain many of the same bureaucratic insensitivities that led to the Windrush Scandal in the first place.

The report welcomes the changes made to the Scheme by the Home Office in December 2020 to accelerate payments and make improvements to the Scheme but says that these changes do not go far enough.

The Committee urges immediate action to increase the number of people applying for the Scheme and to ensure that every individual affected is granted some compensation quickly, including immediate, preliminary payments of £10,000 within two months for all those who the Home Office have acknowledged were wrongly subject to immigration enforcement measures or wrongly denied proof of their lawful status.  

It also calls for an increase in the general award tariff, guaranteed access to legal assistance for all claimants, an independent appeal process and greater support for grassroots campaigns and community outreach work to increase confidence in the Scheme.

The Committee found that by keeping the Compensation Scheme within the very Department that caused the scandal in the first place, the Government has undermined confidence in the Scheme.

In order to increase trust and encourage more applicants, the Committee calls for the Scheme to be transferred from the Home Office to an independent organisation.

Publishing the report, Chair of the Home Affairs Committee, Rt Hon Yvette Cooper MP said: “It has been four years since the Windrush scandal emerged and it is truly shocking how few people have received any compensation for the hardship they endured at the hands of the Home Office.

“It is particularly distressing that twenty-three individuals have died without receiving any compensation. Urgent action is needed to get compensation to those who have been so badly wronged.

“The Windrush Compensation Scheme was designed to right the wrongs of the Windrush scandal and yet delays and difficulties in applying for the Scheme have compounded those injustices. It is staggering, given the failures of the Windrush Scandal, that the Home Office has allowed some of the same problems to affect the Windrush Compensation Scheme too.

“We are calling for urgent changes to improve the Scheme and speed up payments to those who have been so badly treated by the Home Office in the past. The treatment of the Windrush generation by successive governments was truly shameful. The Government should implement these changes to the Scheme immediately to ensure that injustices are swiftly compensated instead of compounded”.

Public Holidays & Benefits Payments: info from GIC

Benefits and Tax Credits payment dates will vary because of the upcoming public holidays in May – here’s what you can expect:

Universal Credit is a monthly welfare payment that replaces six other benefits and is paid once a month, usually on the same date.

Those applying for Universal Credit must wait five weeks for their first payment, consisting of a one-month assessment period in which their circumstances and income are checked, and then another seven days for the money to reach their account.

If your first payment was received on April 8, you would normally receive subsequent amounts on the 8th of every month after that – but pay dates vary if they would end up falling on a weekend or bank holiday.

So your payments of Universal Credit and other benefits will vary because of the May bank holidays getting in the way of regular dates.

Universal Credit – May Bank Holiday payment dates

Universal credit is paid every four weeks on the same date. It will also vary slightly over the two bank holidays of May.

Your normal pay date is determined by when your first payment arrives – but it will be moved in any month where your pay date happens to fall on a weekend or bank holiday.

Early May Bank Holiday Weekend

Due: Friday, May 8 (May Day Bank Holiday/Early May Bank Holiday)
Paid: Thursday, May 7

Due: Saturday, May 9
Paid: Thursday, May 7

Due: Sunday, May 10
Paid: Thursday, May 7

Late May Bank Holiday Weekend

Due: Saturday, May 23
Paid: Friday, May 22

Due: Sunday, May 24
Paid: Friday, May 22

Due: Monday, May 25 (Spring Bank Holiday/Late May Bank Holiday)
Paid: Friday, May 22

PIP – May Bank Holiday payment dates

Personal Independence Payment (PIP) is usually paid every four weeks.

Your original decision letter tells you the date of your first payment and what day of the week you’ll usually be paid. It would never be arranged to fall on a weekend.

But if your payment date is on a bank holiday, you will usually be paid before the bank holiday. After that you’ll continue to get paid as normal.

Early May Bank Holiday

Due: Friday, May 8

Paid: Thursday, May 7

Late May Bank Holiday Weekend

Due: Monday, May 25
Paid: Friday, May 22.

Child Benefit – May Bank Holiday payment dates:

Child benefit is usually paid every four weeks on a Monday or Tuesday (you can get it paid weekly if you’re a single parent or if one of you is claiming other benefits) so it would not be paid on a weekend anyway.

Early May Bank Holiday Weekend

Due: Friday, May 8 (May Day Bank Holiday/Early May Bank Holiday)
Paid: Thursday, May 7

Late May Bank Holiday Weekend

Due: Monday, May 25 (Spring Bank Holiday/Late May Bank Holiday)
Paid: Friday, May 22

Child Tax Credit and Working Tax Credit – May Bank Holiday payment dates:

Tax credits such as Child Tax Credit and Working Tax Credit are paid every week or every four weeks. They aren’t arranged to fall on a weekend.

Early May Bank Holiday Weekend

Due: Friday, May 8 (May Day Bank Holiday/Early May Bank Holiday)
Paid: Thursday, May 7

Late May Bank Holiday Weekend

Due: Monday, May 25 (Spring Bank Holiday/Late May Bank Holiday)
Paid: Friday, May 22

Employment Support Allowance (ESA) and Jobseeker’s Allowance (JSA) – May Bank Holiday payment dates:

These are both usually paid every two weeks. Dates would never fall on a weekend.

Early May Bank Holiday Weekend

Due: Friday, May 8 (May Day Bank Holiday/Early May Bank Holiday)
Paid: Thursday, May 7

Late May Bank Holiday Weekend

Due: Monday, May 25 (Spring Bank Holiday/Late May Bank Holiday)
Paid: Friday, May 22

When does the money go in?

Depending on your bank, funds are available sometime after midnight on the day they are due, usually in the early hours.

Some banks deposit money into your account around 11.30pm so you can withdraw it before midnight on benefit payday. Others will release your funds at midnight or just a few minutes after that.

But in some cases you have to wait until 2am to 3am and others will not let you touch your money until at least 6am on payday.

Granton Information Centre’s office is currently closed to the public due to coronavirus restrictions, but the team is still working. If you need support or advice, telephone 0131 551 2459 or 0131 552 0458.

You can also email info@gic.org.uk and a member of staff will get back to you.

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