Form

Close family member: Windrush compensation claim guidance

Updated 15 November 2024

Updated 15 November 2024

Changes from last version of this guidance:

• changes to Section 2: About you
• changes to Section 2: About the primary claimant

Introduction to the close family member claim form guidance

The Windrush Compensation Scheme compensates individuals who suffered losses and/or impacts because they were unable to prove their lawful status in the UK.

There is no charge for making a claim for compensation under this scheme.

You can access the claim form online. You can fill this in digitally. Alternatively, you can print it out to fill in by hand. Details on how to send the filled in form to us are Annex C – Frequently asked questions. The forms are available at: www.gov.uk/windrush-compensation.

You can call our Help team to request a form in large print, Braille or in Welsh.

Who can claim using the close family member claim form?

You can claim compensation as a close family member if you both meet the conditions in Section 1 of the claim form.

You may want us to speak to a representative about your claim. You can tell us this on page 24 of the claim form.

Close family member claimants under 18 years old

If you are under the age of 18 and making a claim, you will need a parent, guardian or someone with parental responsibility to send the claim on your behalf. Please refer to Annex A of this guidance to find out who has parental responsibility.

Close family member claimants who lack capacity

If a claimant lacks capacity (they are unable to take decisions), a person who has the power of attorney (legal authority to act) over the claimant’s financial affairs can send a claim on their behalf. Where there is no power of attorney a deputy, guardian or controller with control over the claimant’s financial affairs can send a claim on their behalf. If the claimant is outside the UK, a person who has the equivalent powers may send the claim.

One form should be filled in for each person. If you are part of a family, each member of the family must fill in their own compensation claim form.

How to fill in the close family member claim form

You should fill in all sections of the form and provide all the information you think is relevant to your claim. This will ensure we are able to award you the maximum compensation to which you are entitled.

We will check our records and work with other government departments and third parties to help gather and check the information you have provided as part of your claim.

An explanation of the terms used in this guidance and claim form can be found in Annex A of this guidance.

Please write as clearly as possible, especially in the free text boxes. Some parts of the form will require you to write information in boxes, such as your date of birth. If you make a mistake, cross it out with a single line and write the correction above or beneath the box.

If you cannot fit the information you want to give us on the form, you can send us extra pages. If you are unable to answer a question, please do not worry.

Minimum amount of information required

There is a minimum amount of information that we need for your claim. This means that you must:

• fill in your personal details in section 2

• make a claim for compensation in one or more categories

• fill in section 4: Compensation

• fill in the declaration page and ensure you sign your claim form

If you do not provide this information, we will contact you to ask for it. This may delay your claim.

If you still do not provide this information after we contact you, we will not be able to take your claim further.

What if I need help to fill in the form?

If you need help filling in the form, please contact the Help team on:

• 0800 678 1925

• [email protected]

Opening times are Monday to Friday 9am to 5pm, UK time.

The Help team can, if you agree, refer you to We Are Group (our claimant assistance provider, formerly known as We Are Digital) who will contact you to help you fill in the form. Their service is free of charge.

You will not be charged if you are calling from a landline within the UK. Mobile phone providers may charge you for calling us. Those calling from overseas may be charged. If you would like a call back, you should email the Help team to request this. Alternatively, you can continue to speak to the Help team by email.

Or you can contact We Are Group direct on 0808 196 8496. This line is free to call from within the UK.

Documents to support the claim

If you can give us the information and evidence we ask for, it will help us decide your claim for compensation. However, if you don’t have any evidence for a particular category, please don’t worry as we will try to help you to get this.

Do not send us original documents. Only send us photocopies or scans of your documents. If we need to see an original document, we will ask you to send it to us and we will return it to you by secure post.

We suggest that you do not pay anyone else to get documents. If you think a document someone else has will support your claim but they will charge you for it, mention this on your claim form. If we need the document to support your claim, we will contact the person to get it for you, if you agree to this.

If you experienced any mental or physical health problems because you couldn’t prove your lawful status, but you did not speak to a doctor or other healthcare provider about these problems, please tell us this in part 2a of section 4 in the claim form. If we need more information, we will speak to you about how we might be able to get it.

How we use information you provide

The Data Protection Act 2018 (DPA 2018) and General Data Protection Regulations (GDPR) govern how we use personal data. The DPA 2018 also explains your rights under the Act, including how you can access personal information and how to complain if you have concerns.

For details of how we will use personal information and who we may share it with, please see our privacy information notice for the Windrush Compensation Scheme at: www.gov.uk/windrush-compensation.

You can request a copy of the Privacy Information Notice by calling us on 0800 678 1925.

Anything you tell us will be treated sensitively and will not be passed to Immigration Enforcement.

Section 1: Eligibility

Eligibility means you and the primary claimant fall into one of the eligibility categories in this section.

To quality as a close family member your relationship to the primary claimant must be one of the following:

• Parent: The mother or father of the primary claimant.

  • A person will be considered the ‘parent’ of a primary claimant where there has been a genuine transfer of parental responsibility.

• Sibling: The sibling of the primary claimant, who is of the full-blood (you share the same biological mother and father) or of the half-blood (you share either a biological mother or father)

• Child: This means the children (including those adopted) of the primary claimant. Any child can make a claim. There does not have to be consent from other children for you to make a claim in this category, as they can make their own claim.

  • A person will be considered the ‘child’ of a primary claimant where there has been a genuine transfer of parental responsibility.

• Partner: You will need to show that you are the primary claimant’s:

  • Spouse or civil partner and they were living with you at time the loss or impact occurred

  • Unmarried partner, living with them in a relationship akin to marriage/civil partnership for a continuous period which lasted 2 years or more at the time the loss or impact occurred

  • There may be circumstances where one party to the relationship was away from the family home at the material time, for reasons outside of their control, and, despite the enforced separation, the relationship was durable, genuine, and subsisting. This could include, for example, where one party to the relationship is imprisoned, in hospital, or in a nursing home.

Please tick the box on the claim form that best describes your relationship to the primary claimant.

Please also tick the box on the claim form that best describes the primary claimant. We explain what each eligibility category for the primary claimant means below, to help you understand which criteria applies. You can still make a claim if the primary claimant is no longer living in the UK or if they are now deceased.

Commonwealth citizen

For all eligibility categories below, a Commonwealth citizen is a citizen of one of the countries listed in Annex B of this guidance.

A Commonwealth citizen for these purposes can also be a citizen of the UK and Colonies by a connection to a country or territory on that list, or a British subject without citizenship under the law on 1 January 1973.

Immigration status in the UK

The Immigration Act 1971 defines what lawful status in the UK is, which means a person has a right of abode or settled status. A person who has settled status will have either of the following:

• Indefinite leave to remain (ILR)
• Indefinite leave to enter (ILE)

(a) The primary claimant came to live permanently in the UK before 1 January 1973 as a Commonwealth citizen, and they have lived in the UK ever since.

If the primary claimant came to live permanently in the UK before 1 January 1973, they will need to have been settled in the UK no later than 31 December 1972.

The primary claimant must not have been outside the UK for an unbroken period of more than 2 years.

A calculation of 2 years is illustrated in this example:

• If a person leaves the UK on 22 June 1990 and arrived back in the UK on 21 June 1992. This would be exactly 2 years, so the absence is not more than 2 years

• However, if someone left the UK on 22 June 1990 and did not arrive until 22 June 1992, this would mean they were absent from the UK for more than 2 years, by one day

A primary claimant who has been absent from the UK for more than 2 continuous years will automatically lose their indefinite leave as a matter of law.

This category also includes people who arrived in the UK before 1 January 1973 and who later became British citizens at any point after arrival. It will not matter when they became a British citizen, nor do they need to be a British citizen to be eligible to make a claim.

(b) The primary claimant came to live permanently in the UK before 1 January 1973 as a Commonwealth citizen and their status lapsed because they left the UK for more than 2 years, but they are now lawfully in the UK.

If the primary claimant left the UK for a continuous period of more than 2 years, they would have lost their indefinite leave to remain in the UK.

To return to the UK, the primary claimant may have applied for a Returning Resident visa.

The primary claimant will be lawfully in the UK if they have settled status or a right of abode.

(c) The primary claimant is a Commonwealth citizen with a right of abode and was ordinarily resident in the UK on 1 January 1973.

Right of abode was given to specific categories of person in the Immigration Act 1971. If a primary claimant has this, it means they have been given permission to live and work in the UK without restrictions. They do not need permission to enter the UK when returning from overseas.

Ordinarily resident for these purposes means the primary claimant normally and continually lived in the UK before 1 January 1973.

(d) The primary claimant previously met one of the above criteria and is now a British citizen.

The primary claimant will need to have met one of the previous criteria in this eligibility section.

A person meets this requirement if they obtained their British citizenship through naturalisation or registration.

The primary claimant must, at the time of you making your claim, continue to be a British citizen.

If the primary claimant held British citizen status and we later withdrew it, then you will not qualify to make a claim under this category. If their British citizenship status was withdrawn, we would have written to the primary claimant to tell them this.

(e) The primary claimant came to live in the UK before end of 1988 and is now lawfully in the UK or is now a British citizen

The primary claimant is lawfully in the UK if they have the right of abode or settled status.

Right of abode was given to specific categories of person in the Immigration Act 1971. If the primary claimant has this, it means they have been given permission to live and work in the UK without restrictions. The primary claimant does not need permission to enter the UK when returning from overseas.

If the primary claimant has settled status, they will have made a successful application for that status and they were granted permission to live in the UK at the time of making your claim for compensation.

The primary claimant could also be a British citizen. Settled status means they have ILR or ILE.

(f) The primary claimant is not currently living in the UK, but they came to live in the UK before 1 January 1973 as a Commonwealth citizen and have a right of abode or settled status or their settled status lapsed because they left the UK for a period of more than 2 years and they are currently now living in the UK.

The primary claimant must have arrived to settle in the UK before 1 January 1973. This means the latest date they were in the UK was 31 December 1972.

In addition, they must first have been a citizen of one of the countries listed in Annex B of this guidance, before they came to settle in the UK and at the time the claim for compensation is made, they are not living in the UK.

The primary claimant’s status will fall into one of the following categories:

• They are a person who has right of abode or was granted permission to live in the UK and has settled status, but they were not a British citizen.

• They are a person who later became a British citizen.

• They are a person who is not a British citizen but previously had permission to live in the UK, then left the UK for a period of more than 2 years.

A calculation of 2 years is illustrated in this example:

• If a person leaves the UK on 22 June 1990 and arrived back in the UK on 21 June 1992. This would be exactly 2 years, so the absence is not more than 2 years.

• However, if someone left the UK on 22 June 1990 and did not arrive until 22 June 1992, this would mean they were absent from the UK for more than 2 years, by one day.

The reason why the primary claimant remained absent from the UK for more than 2 years will not matter.

(g) The primary claimant’s parent was either (i) settled in the UK before 1 January 1973 or (ii) has a Right of Abode and was ordinarily resident in the UK on 1 January 1973 (or did meet this requirement and is now a British citizen), including a citizen who satisfied one of those requirements and is now deceased, and the primary claimant was either (i) born in the UK or arrived in the UK before the age of 18, was not automatically a British citizen or a citizen of the UK and Colonies from birth and has been continuously resident since their birth or arrival, or (ii) was born in the UK or arrived in the UK before the age of 18, was a British Citizen and automatically became a citizen of the UK and Colonies/British citizen at birth.

(h) The primary claimant’s grandparent was either (i) settled in the UK before 1 January 1973 or (ii) has a Right of Abode and was ordinarily resident in the UK on 1 January 1973 (or did meet this requirement and is now a British citizen), including a citizen who satisfied one of those requirements and is now deceased and (i) the primary claimant and their parent were born in the UK or arrived in the UK before the age of 18, were not automatically a British citizen or a citizen of the UK and Colonies from birth and the primary claimant has been continuously resident in the UK since their birth or arrival or (ii) the primary claimant was born in the UK or arrived in the UK before the age of 18, is a British citizen and automatically became a citizen of the UK and Colonies/British citizen at birth.

These categories of claim are for a child or grandchild of a Commonwealth citizen who was settled in the UK before 1 January 1973 or has a right of abode and was ordinarily resident in the UK on that date (or who met those requirements  and is now a British Citizen). The primary claimant’s grandparent or parent does not need to be living in the UK now for them to be eligible under this category.

You can claim even if the primary claimant’s parent or grandparent is not making a claim or is now deceased.

If the primary claimant was born in the UK or arrived in the UK before the age of 18 and was not automatically a British citizen or a citizen of the UK and Colonies from birth, then they must have been continuously resident in the UK since their birth or arrival.

If the primary claimant was born in the UK or arrived in the UK before the age of 18, is a British citizen, and automatically became a citizen of the UK and Colonies/British citizen at birth, they do not need to have been continuously resident since their birth or arrival.

If they were legally adopted, then it is their adoptive parent (if they are a child) or grandparent (if they are a grandchild) who needs to have arrived in the UK from a Commonwealth country.

Your immigration status

If you are making a claim for compensation from within the UK, you must be lawfully in the UK. This means you are a British citizen or have:

• Indefinite leave to remain (ILR)

• Indefinite leave to enter (ILE)

• Right of abode

• Limited leave to remain but on a route to settlement within the meaning of the Immigration Rules^{[footnote 1]}

Section 2: About you

Please refer to page 6 of the claim form to see the list of acceptable evidence you should send us to prove your identity and address. If you are using an eVisa as proof of identity, please send us your share code.

2.1 Title

Please write the most relevant title in the space available.

2.2 Full name (as it appears on your evidence of identity)

Your full name should be written as it appears on your birth certificate, passport, marriage certificate, biometric residence permit or eVisa.

2.3 Name you prefer to use

This should be the name you are commonly known by and how you want us to address you. This does not have to be your legal name.

2.4 Maiden name or all previous names

If you had a previous name, for example if you changed your name when you got married, write your previous name or names. If you change your name after you send us your claim form, you will need to write to us to let us know. You must provide proof of this change.

2.5 Gender (as stated on your official documents)

This means whether you are male or female. We recognise that some people may have changed, or be changing, their gender. For the change of gender to be recognised in law, a person must hold a gender recognition certificate.

2.6 Date of birth

Write your date of birth using numbers. For example, 01/04/1961.

2.7 Current address

Write the address of where you currently live. If you have no fixed address, you should write ‘no fixed abode’.

2.8 Mobile number

Write the mobile number that is best to contact you on.

2.9 Other number

Write another number that we can contact you on, if you have one.

2.10 Email address

Write the email address that is best to contact you on.

2.11 Country of birth

Write the name of the country where you were born.

2.12 Current nationality

This is the nationality you currently hold. If you are recognised as stateless, write ‘stateless’. Stateless means someone who is not recognised as a citizen of any country.

2.13 Current passport number

All passports have a passport number which is usually located on the same page as the photograph. It is also embossed into every page. If you do not have a British passport, but hold a passport from another country, please provide the number of that passport.

2.14 Expired passports

If you do not have any previous passports you should tick no and move to question 2.18.

2.15 Expired passport numbers

Enter the passport numbers of your expired passports, if you have any.

2.16 National Insurance number

The Department for Work and Pensions (DWP), formerly, Department for Social Security (DSS), issues National Insurance numbers to people who are entitled to them. You will find your National Insurance number on any National Insurance card, wage slip from an employer, benefit notification or Tax notifications from HM Revenue and Customs (HMRC) formerly, Inland Revenue)

2.17 How would you prefer us to contact you?

Tick the box to tell us whether you would prefer to be contacted by phone, email or letter.

2.18 If you have asked us to contact you by phone, is there a time or day that you would prefer to be contacted? – Write whether you would prefer to be contacted in the morning or afternoon, provide specific times if possible.

Next of kin

This should be someone we can contact if we cannot reach you. They do not have to be a family member. We will not discuss the details of your claim with them.

2.19 Full name

Write the full name of your next of kin as it appears on their birth certificate.

2.20 Address and postcode

Write the address of where your next of kin currently live. If they have no fixed address, you should write ‘no fixed abode’.

2.21 Phone number

Write the phone number of your next of kin.

2.22 Email address

Write the email address of your next of kin.

About the primary claimant

Please refer to page 6 of the claim form to see the list of acceptable evidence you should send us to prove the identity and address for the primary claimant.

2.23 Title

Please write the most relevant title in the space available.

2.24 Full name (as it appears on their evidence of identity)

Their full name should be written as it appears on their birth certificate, passport, marriage certificate, biometric residence permit or eVisa.

2.25 Name they prefer to use

This should be the name they are commonly known by and how they would want us to address them. This does not have to be their legal name.

2.26 Maiden name or all previous names

If they had a previous name, for example if they changed their name when they got married, write their previous name or names. If they change their name after you send us the claim form, you will need to write to us to let us know. You must provide proof of this change.

2.27 Gender (as stated on their official documents)

This means whether they are male or female. We recognise that some people may have changed, or be changing, their gender. For the change of gender to be recognised in law, a person must hold a gender recognition certificate.

2.28 Date of birth

Write their date of birth using numbers. For example, 01/04/1961.

2.29 Country of birth

Write the name of the country where they were born.

2.30 Current nationality

This is the nationality they currently hold. If they are recognised as stateless, write ‘stateless’. Stateless means someone who is not recognised as a citizen of any country.

2.31 Current passport number

All passports have a passport number which is usually located on the same page as the photograph. It is also embossed into every page. If they do not have a British passport, but hold a passport from another country, please provide the number of that passport.

2.32 Expired passports

If they do not have any previous passports, you should tick no and move to question 2.34.

2.33 Expired passport numbers

Enter the passport numbers of their expired passports, if they have any.

2.34 National Insurance Number

The Department for Work and Pensions (DWP), formerly, Department for Social Security (DSS), issues National Insurance numbers to people who are entitled to them. Their National Insurance number can be found on any National Insurance card, wage slip from an employer, benefit notification or Tax notifications from HM Revenue and Customs (HMRC) (formerly, Inland Revenue)

2.35 Have they contacted the Home Office since April 2018?

If they have previously contacted the Home Office for proof of their right to remain in the UK, tick yes.

2.36 Home Office reference number

If they contacted the Home Office about getting proof of their status, they should have been given a reference number. Please provide the reference number they were given, for example, RSH0026079/18 or H9876543.

2.37 Evidence to confirm identity and address

List the evidence to confirm your identity and address you are sending to support your claim. You must send evidence of identity and address for both you and the primary claimant. See the evidence section on page 6 of the claim form for the list of acceptable evidence you should send.

Section 3: Timeline of events

You should fill in this section to the best of your ability.

Please note, you must have been lawfully in the UK when the impact, loss or detriment occurred or was triggered if you are making a claim for impact on life or a discretionary payment. This is not a requirement for making a claim for fees. You can still make a claim if the primary claimant is no longer living in the UK or if they are now deceased.

Section 4: Compensation

There are 4 different categories in the close family member Windrush Compensation Scheme claim form.

The categories have a mix of both open and closed questions which you should fill in as accurately as possible.

You should start at the beginning and work through every category, even if you do not want to claim under that category.

Please read every question and follow the instructions provided, filling in all questions unless the claim form says otherwise. If you feel that the questions do not give you the opportunity to tell us everything you want to, you can use the open text boxes to explain more.

If you cannot fit the information you want to give us on the form, you can send us extra pages.

If you come across a word you do not understand and it is not explained on the claim form, please refer to Annex A of this document.

We will check our records to confirm the information you provide where possible. You should send any documents which support what you say. Please refer to the evidence sections which can be found at the top of each category to see what documents you can send. We will consider any relevant documents that you provide.

You must fill in one or more categories in this section to meet the minimum information requirements. We recommend that you fill in all the sections, even if you do not want to claim under that category. This means you must answer all the questions unless the claim form states otherwise. Following these instructions will help you receive the maximum compensation you are entitled to.

If you do not provide the minimum information we need, we will contact you. This may delay your claim. If we contact you and you do not respond, we will not be able to take your claim further. To help us assess your claim, please give us as much information as possible.

If you are sending documents, then please ensure that you list these documents at the bottom of each category in the space provided.

If you do not have any evidence to provide for a category, please do not worry as we will try to obtain this for you, if you agree.

Section 5: Declaration

By signing the declaration, you are confirming that the information given is correct; and that you promise to tell us if any of the information changes or is found to be inaccurate.

You must fill in and sign your claim form before you send it. We cannot accept claim forms that have not been signed.

Please ensure that you tick the relevant boxes. This will help us to process your claim more quickly.

Contact details

Please fill in this section as per the instructions on page 24 of the claim form.

If you are the close family member and want us to speak to you about the claim, you will need to provide your contact details, including your full address, contact numbers, email address, your preferred contact method, and the best time or day to reach you.

Please ensure you also provide your next of kin contact details. This should be someone we can contact if we cannot reach you. They do not have to be a family member. We will not discuss the details of your claim with them.

If you are representing a close family member or making a claim on their behalf, please ensure you provide both your and the close family member’s contact details in the space provided. You should also do this if you are making a claim on behalf of a close family member who lacks capacity or is under the age of 18.

What to do next

Make sure you have signed the form and included the documents you want to send.

Once you have filled in the claim form you can send it to us by post or email.

Guidance on scanning and emailing your document, including data limits, is available online. Please ensure you check this advice, as failure to follow this guidance may mean your email could be automatically rejected. The maximum size of an email with attachments we can accept is 25MB.

You will need to name the email in the subject box.

For example: [Insert your name] Close Family Member Claim

Email

Scan your claim form and documents and send by email to: [email protected]

Posting from the UK

Freepost WINDRUSH COMPENSATION SCHEME

Posting from outside the UK

Windrush Compensation Scheme
PO Box 3468
Sheffield
S3 8WA
United Kingdom

If you are posting your claim form and documents from overseas, we will pay the postage costs if your claim is successful and you accept the award we offer. We will contact you to ask how much you paid. You will need to provide proof of how much you paid so get a receipt and keep it safe. The amount you paid for postage will be added to the amount we pay you in compensation.

Annex A – This explains the terms used in the guidance and claim form

Child

Any Biological descendant of a parent under 18 years of age.

Any legally adopted person under the age of 18 years of age

Civil partnership

This is a legally recognised relationship between two people of the same sex or heterosexual couples. A civil partnership only exists once it is registered. If you have not registered your relationship, you should fill in the partner category.

Claimant

The person for whom the claim for compensation is being made.

Close family member

Is related to the primary claimant as a parent, child, sibling, spouse (husband/wife), partner.

Commonwealth citizen

Citizens of the Commonwealth countries means, citizens of any country listed in Annex B.

Continuously resident

Is lawfully resident in the UK for a continuous period except that a person will not lose their right to stay in the UK if they are absent from the UK for a period of 2 years or less.

Dual national

A citizen of more than one country. For example, a British Citizen who is also a citizen of Ghana.

Executor of wills

An Executor is a person named in a will or in an update to the will (this is known as a Codicil) and deals with the estate of the deceased.

Indefinite Leave to Remain (ILR)

Permission to live and work freely in the UK without any time restrictions. If a person has ILR it means they have settled status.

Naturalised British citizen

Naturalisation is the legal process by which a person changes their nationality. A person changing their nationality to British will have a certificate to show they have British Citizenship.

Ordinarily resident

A person who normally and continually lives in the UK, whether for a short period or a long time.

You are ordinarily resident in the UK if this is your regular place of living, your residence here is voluntary and for a settled purpose.

Under the Windrush Compensation Scheme a person will need to show that the UK has been their home, with reference to the eligibility categories in Section 1.

Parental responsibility

Relates to the rights, duties, powers, responsibility and authority given to someone who is not the parent of a child.

Mothers and married fathers at the time of a child’s birth automatically have parental responsibility.

Unmarried fathers:

• From 1 December 2003, an unmarried father has parental responsibility if he and the mother jointly registered a child’s birth.

• An unmarried father can also get parental responsibility if the mother agrees to it.

• A court may also grant parental responsibility.

Births registered in Scotland:

• A father has parental responsibility if he is married to the mother when the child is conceived or marries her at any point afterwards.

• An unmarried father has parental responsibility if he is named on the child’s birth certificate (from 4 May 2006).

Births registered in Northern Ireland:

• A father has parental responsibility if he is married to the mother at the time of the child’s birth.

• If a father marries the mother after the child’s birth, he has parental responsibility if he lives in Northern Ireland at the time of the marriage.

• An unmarried father has parental responsibility if he is named, or becomes named, on the child’s birth certificate (from 15 April 2002).

Births registered overseas:

• If a child is born overseas and comes to live in the UK, parental responsibility depends on the UK country they are now living in.

Same sex parents

Civil partners:

• Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, for example, donor insemination or fertility treatment.

Non-civil partners:

• For same-sex partners who aren’t civil partners, the 2nd parent can get parental responsibility by either applying for parental responsibility if a parental agreement was made.

or

• becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth.

Partner

A person you live together with, as a couple, but without being married or in a civil partnership.

Power of Attorney

A power given to someone who acts on behalf of an individual who is identified as having complex needs and who requires help to manage their affairs.

Primary claimant

A person, who directly meets at least one of the eligibility criteria at section 1.

Close family member claimant

Shares a specified relationship to a primary claimant who meets an eligibility category. Refer to close family member for details.

Executor

A person appointed to deal with the estate of a deceased person.

Right of abode

This means you live and work in the UK without restrictions.

Settled

In the UK settled status means indefinite leave to enter or remain in the UK within the meaning of the Immigration Act 1971.

Sibling

A person’s brothers and sisters who share at least one parent.

United Kingdom (UK)

The following are part of the UK:

• England

• Scotland

• Wales

• Northern Ireland

Vulnerable person

A person who is age 18 and over, who is receiving or may need community care services by reason of mental or other disability, age or illness and who is or may be unable to take care of him/herself, or unable to protect him/herself against significant harm or serious exploitation.

The Care Act 2014 definition of an adult at risk of harm are:

• at risk of suffering abuse or neglect and because of those care needs be unable to protect themselves

• in need of care and support

• 18 years of age and over

Annex B – Commonwealth countries

The countries and territories listed below were part of the Commonwealth before 1 January 1973. Only the countries listed in this section are part of the Commonwealth.

Although British Overseas Territories are not members of the Commonwealth in their own right (with the exception of the Sovereign Base Areas of Akrotiri and Dhekelia), British Overseas Territories are included in the list of Commonwealth citizens in this guidance. Citizens of Rwanda, Cameroon and Mozambique are not included in the list of Commonwealth citizens in this guidance, as these countries were never British colonies, but have nonetheless joined the Commonwealth.

Citizens of countries excluded from this list can still claim compensation if they meet the eligibility category of a person from any other country.

For the Windrush Scheme, citizens of the Commonwealth means people who are nationals of the following countries, listed alphabetically and not in order of any preference under the scheme:

• Anguilla

• Antigua and Barbuda

• Australia

• Bangladesh

• Barbados

• Belize

• Bermuda

• Botswana

• British Antarctic Territory

• British Indian Ocean Territory

• Brunei

• Canada

• Cayman Islands

• Cyprus (excluding sovereign base areas)

• Dominica

• Falkland Islands

• Fiji

• Ghana

• Gibraltar

• Grenada

• Guyana

• Hong Kong

• India

• Jamaica

• Kenya

• Kiribati

• Lesotho

• Malawi

• Malaysia

• Maldives

• Malta

• Mauritius

• Montserrat

• Namibia

• Nauru

• New Zealand

• Nigeria

• Pakistan

• Papua New Guinea

• Pitcairn, Henderson, Ducie and Oeno Islands

• Saint Lucia

• Samoa

• Seychelles

• Sierra Leone

• Singapore

• Solomon Islands

• South Africa

• South Georgia and The Sandwich Islands

• Sri Lanka

• St Helena, Ascension and Tristan de Cunha

• St Kitts and Nevis

• St Vincent and The Grenadines

• Swaziland

• Tanzania

• The Bahamas

• The Gambia

• Tonga

• Trinidad and Tobago

• Turks and Caicos Islands

• Tuvalu

• Uganda

• Vanuatu

• Virgin Islands

• Zambia

• Zimbabwe

The following are also included as Commonwealth Citizens:

• citizens of the UK and colonies by virtue of a connection to a country or territory of the above list

• British subjects without citizenship under the law in force on 1 January 1973

Annex C – Frequently asked questions

How long will it take to process my claim?

Where claims move into caseworking (following confirmation of eligibility), consideration of claims should begin in the order in which they were confirmed as eligible.

Close family member and associated primary/estate claims will be linked where possible and considered together with whichever claim was received first.

Processing times will vary depending on the complexity of your claim. It will take longer to process your claim if we need to ask for more information, if your claim is complex or if your claim covers many different areas. We aim to consider claims as quickly as possible. We may pay some elements of your claim earlier than others.

Whilst hardship or vulnerabilities may not generally be a reason to being the consideration of a claim out of order, in such instances, caseworkers will assess whether a referral to the Vulnerable Persons team or an urgent and exceptional payment may be appropriate.

Exceptionally, it may be appropriate to begin considering a claim out of order. This may include where an individual has a critical or life shortening illness that means there is a substantial risk they will not receive the outcome of their claim if it is considered in order. If you or a family member who has made or is making a claim have such an illness, you should tell us, either on the claim form or by contacting the Help Team.

Requests to consider claims out of order will be looked at on a case by case basis.

We will write to you with an offer as soon as a decision has been made on your claim. You will be asked to confirm your acceptance of this offer in writing and return it to us.

How much compensation will I be paid?

This will depend on the circumstances of your claim. We may use a combination of actual losses and tariff amounts when assessing your claim.

How will I be paid?

We will pay compensation by bank transfer; the payment will be paid into a bank account in your name only.

When you receive your award we will include a claim response form. This will ask for your bank account details which will need to be signed, dated and returned back to us. Once we have received your filled in claim response form, we will process the payment.

In some instances, we may arrange for some elements of a claim to be paid by another government department because your claim relates to a benefit paid by them. These payments will not form part of any award you may be paid under the scheme.

How will I be paid compensation if I am living overseas?

Anyone claiming from overseas will normally be paid into their own bank account. We will pay claims from overseas using International Banking Transfer, which means the money will be sent securely to the specified bank account.

We will tell you when the payment is to be expected. If you do not have a bank account you must tell us, so we can arrange to pay you another way.

We will pay in pound sterling and you will receive your currency equivalent according to trading rates on the day we pay you.

Our offer of compensation will be recorded in pound sterling. It will be up to you to know the amount our offer converts to in your own currency. Remember, currency exchange rates change daily, which means you may get a different amount paid to you by the time you receive your compensation. We will not increase or reduce the amount we offer you to take account of currency fluctuations.

Will any compensation I am paid be taken into account by DWP?

If your claim for compensation is successful, then payments made under the Windrush Compensation Scheme will be disregarded in the calculation of Universal Credit and other DWP means-tested benefits. This means that the money you are paid in compensation will not be taken into account when your eligibility for these benefits is being assessed.

What if I disagree with the amount you offer?

If you disagree with the amount of compensation we have offered, you or the person representing you, can ask the Windrush Compensation Scheme for an internal review. Instructions on how to do this will be included in your offer letter.

If you, or the person who represents you, is not satisfied with the outcome of the internal review, you may be able to request an independent review. Your case will then be looked at by the Adjudicator’s Office. The Adjudicator is independent of the Home Office and she will review your case.

How do I send additional supporting evidence?

You can write to us if anything changes since you sent us the claim for compensation. You should:

• Include your claim reference number, which you will find on the acknowledgement letter we send to you when we receive your claim.

• Write your full name on the documents.

• Send us copies of the documents you want us to consider.

Wherever possible, you should send your claim form with supporting documents.

What can I do if I am unhappy about a decision you have made?

If you are not satisfied with a decision we have made, or if you want to ask for a review you, or the person who represents you, can ask the Windrush Compensation Scheme for an internal review.

If you, or the person who represents you, is not satisfied with the outcome of the internal review, you may be able to request an independent review. Your case will then be looked at by the Adjudicator’s Office. The Adjudicator is independent of the Home Office and she will review your case.

What can I do if I am unhappy about the service I have received?

If you have a complaint about our service, you should email us at [email protected].

If you are unable to email, you can also write to us at:

Complaints Allocation Hub
Customer Correspondence Hub
7th Floor
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

1. The Immigration Rules means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971. Details of the Immigration Rules can be found on GOV.UK: https://www.gov.uk/guidance/immigration-rules. ↩