Those affected by miscarriages of justice will no longer have their payouts assessed as part of their benefits claims in changes to rules effective this week. All compensation payments paid by the United Kingdom Government and Devolved Governments compensation schemes for miscarriage of justice will be exempt from benefits calculations.
The initiative will cover income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Income Support, Housing Benefit, Pension Credit and Universal Credit; and is part of the government’s Plan for Change and efforts to ‘restore trust’ in the justice system.
Until now compensation was included in means-tested benefits, leaving those it pushed over the savings limit ineligible for support; the changes comes after a campaign for rule changes to unlock benefit entitlement for those who have received miscarriage of justice compensation payments. The change follows similar legislation already in place to ensure compensation awarded to victims of the Infected Blood Scandal, Horizon Post Office scandal, and LGBT people dismissed from the Armed Forces, won’t affect their benefit entitlement.
“Rebuilding trust in our systems begins by restoring trust with those the system has failed. We can’t return the years lost by miscarriage of justice victims — but we can, and must, ensure they have every opportunity to restart their lives so they can make the most of the years ahead”
said Minister for Social Security and Disability, Sir Stephen Timms MP.
“That’s why we’re bringing in this milestone legislation, and I encourage anyone who has received a miscarriage of justice compensation payment to come forward, so we can ensure they receive the help they are entitled to.”
Last week the government confirmed it would increase maximum compensation limits payable under the miscarriage of justice system in England and Wales by 30%; the first time they would be increased since being introduced in 2008. The limits will be raised from £1m to £1.3m for 10 or more years imprisonment, and £500,000 to £650,000 for up to 10 years.
Minister for Victims and Violence Against Women and Girls, Alex Davies-Jones, commented
“Miscarriages of justice steal irreplaceable time and devastate lives. Better benefit support combined with the uplift of the compensation cap will make a real difference, providing not just financial redress but rightfully deserved recognition to individuals affected. We can’t turn back the clock, but I hope these changes go some way in making the future brighter than the past for those who have already lost so much.”
