Guidance

A8/2019 Windrush Compensation Scheme and Housing Benefit

Updated 10 July 2019

Who should read

All Housing Benefit (HB) staff

Action

For information

Guidance Manual

The information in this circular does not affect the content of the HB Guidance Manual.

Queries

For any general or technical content of this circular, contact: hdd.strategyteam@dwp.gov.uk

For questions in relation to Local Council Tax Support Schemes, contact the Ministry of Housing, Communities and Local Government at: council.tax@communities.gov.uk

For distribution of this circular, contact: housing.correspondenceandpqs@dwp.gov.uk

Introduction

1. On 3 April 2019 the Home Office announced a Windrush Compensation Scheme (WCS) to provide redress for those individuals who suffered financial loss, due to their inability to demonstrate their lawful right to live and work in the UK. There are various criteria within the WCS that individuals who are eligible can claim against.

WCS in relation to Housing Benefit

2. This circular gives details about the WCS and how any payments made under the scheme should be treated for the purpose of Housing Benefit (HB) administration and provides guidance to local authorities (LAs) in circumstances where an individual makes a claim for denial of access to benefits (including HB).

3. LAs should be aware that no changes have been made to HB regulations on this matter. But LAs need to be aware of the WCS, which has been developed in consultation with the Department for Work and Pensions (DWP) and other government departments, as there will be some impact.

4. It is not expected that all LAs will receive cases under WCS. Initial estimates suggest that volumes will be low as many individuals will have already made direct contact with the Home Office under the existing ‘Home Office Task Force’ process. If appropriate these individuals will have had their immigration status corrected and LAs will have reviewed their claims through the ongoing DWP/LA monthly Immigration data share; which has been in existence since December 2016.

LA process

5. The intention of the WCS is for LAs to review and reinstate or award an HB benefit claim (where they have not already done so – see paragraph 4) to eligible Windrush claimants; where current HB legislation allows.

6. Before any action can be taken to revise a benefit claim it is expected that the individual will have made contact with the Home Office Task Force Team, to have their immigration status reviewed and, if appropriate, they will have been provided with the necessary paperwork to prove their lawful right to live and work in the UK.

7. When considering a loss of HB under the WCS there must be a record of a claim to HB made in the prescribed manner. This will allow LAs to reconsider the decision made at the time of the claim.

8. All pass-ported HB cases are being dealt with by DWP in the same way. Following DWP operations making a revised decision on the claim, Housing Delivery Division (HDD) will send LAs a clerical notification prior to receipt of the automated ATLAS (Automated Transfer to LA Systems) alert.

9. Where evidence confirms that an HB claim was made and the decision to refuse or terminate that claim was reached without knowledge of a material fact or based on incorrect information, in line with current legislation decisions should be revised and payments awarded.

LA action

10. DWP’s Housing Delivery Division (HDD) will act as a main conduit with the Home Office and will only make contact with LAs by exception to:

• check if an individual had a historical HB claim that was refused or terminated due to the claimant’s immigration status and provide dates to DWP

• alert LAs to a WCS claim to HB using an electronic form (using the existing Home Office data share single point of contact (SPOC)). LAs should then review their original decision on a refused/terminated claim and, where appropriate, arrange for HB payments, including backdated payments, to be made in accordance with current guidance/legislation.

11. The LA must then complete the form and return it via email to HDD at hdd.strategyteam@dwp.gov.uk

12. You should note, it is not expected that the Home Office will contact an LA directly regarding WCS and the loss of benefits.

How LA should treat payments made under the WCS

13. Compensation payments made by the Home Office under the WCS and the Windrush Exceptional Payments scheme should be disregarded for HB purposes on an extra-statutory basis with the agreement of HM Treasury. No amendments will be made to HB regulations.

14. The extra statutory provision applies to anyone in receipt of HB or any of the other income related benefits. Any payments made to claimants in respect of the WCS should be disregarded for the purposes of income or capital calculations indefinitely.

Additional funding

15. Consideration of the provision of funding for those LAs who may be disproportionally affected will be considered in the Autumn 2019 when impacts will be clearer. HDD is acting as a SPOC for liaison with LAs in regard to specific Windrush compensation cases and management information will be gathered to inform those impacts.

Signposting claimants

16. Should an LA receive an enquiry from a claimant or member of the public regarding their immigration status or making a Windrush Compensation Claim you should use the following Home Office contact details.

Immigration status enquiries

Phone: 0800 678 1925
Monday to Saturday 9am to 5pm
Email: commonwealthtaskforce@homeoffice.gov.uk

Making a Windrush Compensation claim

Phone: 0800 678 1925
Monday to Friday 9am to 5pm
Email: WindrushCompensationScheme@homeoffice.gov.uk

Further information about the WCS

17. Further guidance regarding the WCS can be found at: https://www.gov.uk/guidance/windrush-compensation-scheme